Revised Ordinances of Honolulu

     Chapter 29

    STREETS, SIDEWALKS, MALLS AND OTHER PUBLIC PLACES

Sec. 29-1.2     Purpose.
The intent and purpose of this chapter is to promote the public welfare by regulating the use of all public sidewalks and malls. (Sec. 26-1.2, R.O. 1978 (1983 Ed.))

    Article 2. Lei Selling

Sections:
29-2.1    Regulations.
29-2.2    Violation--Penalty.

Sec. 29-2.1     Regulations.
(a)    No person, under the age of 15 years, shall sell leis upon the streets, alleys, sidewalks, malls and other public places, including entrances at piers.
(b)    No person, while engaged in the business of selling leis upon the streets, alleys, sidewalks, malls and at entrances to piers, shall obstruct traffic, or wilfully or negligently hold, touch, push, jostle, molest or in any manner disturb any person, customer or another lei seller.
(c)    All persons engaged in selling leis at the piers shall form not more than two straight single lines in the front of the pier, one line extending to the right and the other to the left from the main entrance, and the said lines shall run parallel to and within three feet of the front wall of the pier as follows:
The positions in said lines shall be occupied by the lei sellers in the order of their arrival, the person first arriving being entitled to stand at the head of one line and the person arriving next, at the head of the other line; provided, that no person shall occupy the head position of any line more than one day within a period of 30 days, unless such person's turn arrives sooner by rotation. The "head" of a line shall be that position which is nearest to the main entrance to the pier.
(d)    No lei seller arriving late shall break into a line or usurp the position of another.
(Sec. 26-2.1, R.O. 1978 (1983 Ed.))

Sec. 29-2.2     Violation--Penalty.
Any person violating any provision of this article shall, upon conviction, be punished by a fine not exceeding $25.00. (Sec. 26-2.2, R.O. 1978 (1983 Ed.))

     (Article 3. Minors Engaged in Street Trade. Repealed by Ord. 98-04)

     Article 3. Reserved

    Article 4. Litter Control

Sections:
29-4.1    Definitions.
29-4.2    Enforcement authority.
29-4.3    Responsibilities--Requirements.
29-4.4    Prohibited activities.
29-4.5    Cost of litter removal.
(29-4.6    Litter control fund. Repealed by Ord. 98-22.)
29-4.6    Reserved.
29-4.7    Enforcement.
29-4.8    Violation--Penalty.
(29-4.9    Severability. Repealed by Ord. 02-37.)
29-4.9    Reserved.

Sec. 29-4.1     Definitions.
As used in this article:
"Enforcement officer" means any individual designated by the department of planning and permitting or the department of parks and recreation to issue citations to enforce the provisions of this article, and any police officer of the Honolulu police department.
“Inspector” means any individual designated by the department of planning and permitting to issue notices of violation to enforce provisions of this article.
"Litter" means rubbish, waste material, garbage, trash, offal or any debris of whatever kind or description, whether or not it is of value, and includes improperly discarded paper, metal, plastic, glass or solid waste. Litter also includes "refuse" as defined in Section 29-1.1. Litter may include derelict vehicles.
"Littering" means the wilful or negligent throwing, dropping, placing, dumping or depositing, of any litter, or the directing or otherwise causing of any such act, in any place on land or water other than in public or private receptacles or designated disposal sites. (Sec. 26-11.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 02-37)

Sec. 29-4.2     Enforcement authority.
(a)    Any enforcement officer is authorized to:
(1)    Issue a written citation pursuant to Section 29-4.7 (a) if such enforcement officer witnesses a violation, receives a report from a private citizen witnessing a violation or has probable cause to believe that a person has violated the provisions of this article.
(2)    Investigate any litter and household garbage found thrown, deposited, or dumped on a street, roadside, alley or highway to find any personal identification contained therein.
(3)    Issue a written citation pursuant to Section 29-4.7 (a) for violations of this article.
(b)    Any inspector is authorized to:
(1)    Investigate any litter and household garbage found thrown, deposited, or dumped on private property, and any notice, poster or other paper or device, posted, affixed or displayed on any lamppost, public utility pole or shade tree, or upon any public structure or building.
(2)    Issue a notice of violation pursuant to Section 29-4.7(b) or remove and dispose of any notice, poster, or other paper or device posted, affixed or displayed in apparent violation of Section 29-4.4(a)(7).
(c)    Any person who witnesses the throwing, dropping, placing, dumping or depositing of litter in violation of this chapter, including the throwing of litter from a vehicle, may report the date, time of day and location of the littering and, in the case of littering from a vehicle, the license number of the vehicle, to any enforcement officer. The license number, as recorded, shall constitute prima facie evidence that the littering reported to have been done from a vehicle was done by the person to whom the vehicle is registered.
(d)    In the case of a notice, poster, or other paper or device displayed in violation of Section 29-4.4(a)(7), which advertises an event, establishment, or business, the device displayed shall constitute prima facie evidence in a civil proceeding that it is being displayed by any person owning the establishment or business or organizing the event.
(Sec. 26-11.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 02-37)

Sec. 29-4.3     Responsibilities--Requirements.
(a)    It shall be the responsibility of:
(1)    Owners and persons in control of any private property to maintain the premises free from litter at all times; provided, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
(2)    Persons owning or occupying property to keep the sidewalk area abutting the property line free of litter.
(3)    (A)    The operators of all disposal facilities and private disposal facilities, as defined in Chapter 9, to maintain a record of all waste which is deposited at each facility other than by city-operated refuse vehicles and by householders depositing their own refuse.
(B)    The record shall contain the name and address of each person depositing waste material, the license number of the vehicle transporting the waste, the approximate time of the deposit, and a brief description and the approximate volume of the waste. The record shall be made available to any enforcement officer of the city for inspection, upon reasonable request.
(b)    The Honolulu police department shall arrange to patrol or conduct surveillance activities at locations which are reported to be frequent illegal dumping areas for litter.
(c)    All complaints of alleged litter violations shall be investigated by the city. Enforcement officers shall, wherever practicable, inspect any litter found on any street, highway, alley or public place, and any traceable ownership shall be subject to the provisions of this article.
(d)    The director of parks and recreation shall coordinate city agencies in antilitter efforts and cooperate with the state to accomplish coordination of antilitter campaigns.
(Sec. 26-11.3, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 02-37)

Sec. 29-4.4     Prohibited activities.
(a)    No person shall:
(1)    Throw or deposit litter on any street or sidewalk and in any park or other public or private property within the city, except in public or private receptacles, and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park, street, sidewalk or other public or private property. Where public or private receptacles are not provided, all such litter shall be carried away by the person responsible for its presence and properly disposed of;
(2)    Sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway;
(3)    While a driver or passenger in a vehicle, throw or deposit litter upon any street or other public place within the city, or upon private property;
(4)    Drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited from the vehicle upon any street, sidewalk, alley or other public place. Nor shall any person drive or move any truck or other vehicle within the city, the wheels or tires of which carry onto or deposit in any street, sidewalk, alley or other public place, litter of any kind. In the event that litter is unavoidably dropped or tracked onto a street, sidewalk, alley or other public place, it shall be the duty of the driver of the vehicle to have said litter removed as quickly as possible;
(5)    Throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the city;
(6)    Throw out, drop or deposit within the city any litter, handbill or any other object from an aircraft;
(7)    Post, affix or display any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building except as may be authorized by law;
(8)    Throw or deposit litter on any occupied, open or vacant private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for litter collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, alley or other public place or upon any private property;
(9)    Permit an animal owned by such person or while in the person’s custody to excrete any solid waste in any public place or on any private premises not the property of such owner; provided, however, that nothing herein shall affect the duty of the property owner or occupier to keep the premises free of litter and provided further that no violation shall occur if the owner of the offending animal promptly and voluntarily removes the animal waste; or
(10)    Dump or dispose of any litter, refuse or other solid waste upon any public or private premises, including any watercourse or drainage facility whether publicly or privately owned within the city, except upon municipal disposal sites or private disposal sites established under Chapter 21.
(b)    No person shall dispose of any derelict vehicle, as defined in HRS Section 290-8, on any public roadway, alley, street, trail, bridge or highway or other public property, or on private property, without the authorization of the owner or occupant.
(c)    No person shall abandon scrap iron, lumber or similar materials upon any public street, road, highway or other public thoroughfare, or any part thereof.
(d)    Any person who, by oneself or through any agent or independent contractor, posts, affixes or displays a notice, poster or other paper or device in violation of Section 29-4.4(a)(7), or any person who knowingly causes such to be posted, affixed or displayed, to advertise the person’s products, merchandise, services or events, by oneself or through any agent or independent contractor, shall be deemed to be displaying such notice, poster or other paper or device.
(Sec. 26-11.4, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 96-58, 02-37)

Sec. 29-4.5     Cost of litter removal.
(a)    Any person responsible for littering shall be liable to the city for the cost of removing such litter. The bill for the cost of removal shall be issued by the department of environmental services or the department of parks and recreation and shall state the amount to be charged by the city. The cost of removal shall be the actual cost incurred by the city, plus any administrative expenses associated with said removal; provided, however, that the amount to be charged shall not be less than five dollars. Nothing in this section shall be deemed to constitute a waiver of the city's right to issue a citation pursuant to Section 29-4.7 (a) including in instances where the person littering refuses to remove said litter or refuses to pay the city for the city's removal of said litter.
(b)    In the case of litter on open or vacant private property in the city, the director of planning and permitting is authorized to notify the owner of the property or the agent of such owner to properly dispose of the litter. Such notice shall be given by certified mail, addressed to said owner at the owner’s last known address and a copy thereof shall be posted on the property. The notice shall describe the work to be done and shall state that if the work is not commenced within 30 calendar days after the notice is given and diligently prosecuted to completion without interruption, the director of planning and permitting shall so notify the director of environmental services and the director of environmental services shall enter upon the property and cause the removal of the litter thereon, and the cost thereof shall be a lien on the property. The director of environmental services shall observe the following procedures:
(1)    Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter within 30 days after receipt of written notice or within 30 days after the date of such notice in the event the same is returned to the city because of an inability to make delivery thereof, provided the same is properly addressed to the last known address of such owner or agent, the director of environmental services is authorized and empowered to dispose of such litter or to order its disposal by the city. The director of environmental services and the director’s authorized representatives, including any contractor with whom the director contracts under this section and assistants, employees or agents of such contractor are authorized to enter upon said property for the purpose of removing the litter thereon. Before the director of environmental services or the director’s authorized representative or contractor arrives, any property owner may remove the litter thereon at said owner's expense.
(2)    When the city has effected the removal of such litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of eight percent per annum, shall be charged to the owner of such property who shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien being placed upon the property. Interest at the rate of eight percent per annum shall accrue on any unpaid balance from the 31st calendar day after the bill has been mailed to the owner.
(3)    Where the full amount due the city is not paid by such owner within 30 calendar days after the bill has been mailed for payment, the director of environmental services shall cause to be recorded with the city director of budget and fiscal services a statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which said work was done, and file the same with the director of budget and fiscal services, who shall refer the collection of the unpaid balance to the corporation counsel.
(4)    Any work done by the city under this subsection is deemed to be done pursuant to a quasi-contract or constructive contract between the city and the owner. Based on the foregoing contractual relationship, if the owner fails to pay the amount duly noted on the statement filed by the director of environmental services, the corporation counsel may proceed to file a mechanic's and materialman's lien pursuant to the provisions of Part II of HRS Chapter 507, or any other appropriate lien procedures.
(5)    The director of environmental services shall cause to be kept in the department a permanent record containing: (A) a description of each parcel of the property for which a notice to remove litter has been given under this subsection; (B) the name of the owner if known; (C) the date on which such notice was mailed and posted; (D) the charges incurred by the city in removing the litter and all incidental expenses in connection therewith; and (E) a brief summary of the work performed. Each such entry shall be made as soon as possible after completion of such act.
(c)    All moneys collected under this section shall be deposited into the solid waste special fund.
(Sec. 26-11.5, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 88-78, 02-37)

(Sec. 29-4.6     Litter control fund. Repealed by Ord. 98-22.)

Sec. 29-4.6    Reserved.

Sec. 29-4.7     Enforcement.
(a)    Any person charged with violating Section 29-4.4(a) shall be served with a citation and an order to appear before the district court. Any person charged with a first violation may, within seven days of the issuance of the citation, appear at the district court and post a bail bond in the amount of the minimum fine imposed for the offense charged, as determined by the court, for appearance at the next succeeding session of the court. Upon failure to appear at such succeeding session, said bail bond shall be deemed forfeited. The failure of such violator to make such appearance or payment within said seven days shall render such person subject to charges and to the penalties prescribed in Section 29-4.8.
(b)    Any person violating Section 29-4.3(a)(1) or (a)(2) or violating Section 29-4.4(a)(7), shall be issued a notice of violation by the director of planning and permitting or the director’s designee mandating the removal of the litter or posted, affixed or displayed material. Failure to remove such litter or material will subject the owners or persons in control of private property to the penalties prescribed in Section 29-4.8.
(Sec. 26-11.7, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 02-37)

Sec. 29-4.8    Violation -- Penalty.
(a)    Except as otherwise provided in this article, any person found guilty of violating any provision of this article or any rule adopted pursuant to this article shall be guilty of a violation. The person shall be ordered to pay the city for the cost of litter removal and shall pay a criminal fine of not more than $500.00 for each offense, or ordered to pick up and remove litter from a public place, as provided by HRS Section 339-8, or both.
(b)    For violations of Section 29-4.3(a)(1) or (2) and violations of Section 29-4.4(a)(7), in lieu of or in addition to the penalties prescribed in subsection (a), if the director of planning and permitting determines that any person, firm or corporation is not complying with a notice of violation, the director of planning and permitting may have the party responsible for the violation served, by certified mail or delivery, with an order pursuant to this subsection.
(1)    Contents of the Order.
(A)    The order may require the party responsible for the violation to do any or all of the following:
(i)    Correct the violation within the time specified in the order;
(ii)    Pay a civil fine not to exceed $500.00 in the manner, at the place and before the date specified in the order;
(iii)    Pay a civil fine not to exceed $500.00 per day for each day in which the violation persists, in the manner and at the time and place specified in the order.
(B)    The order shall advise the party responsible for the violation that the civil fine, if unpaid within the prescribed time period, can be added to specified fees, taxes, or charges collected by the city.
(C)    The order shall advise the party responsible for the violation that the order shall become final 30 calendar days after the date of its delivery. The order shall also advise the party responsible for the violation that the order may be appealed to the building board of appeals.
(2)    Effect of Order--Right to Appeal. The provisions of the order issued by the director of planning and permitting under this subsection shall become final 30 calendar days after the date of the delivery of the order. The party responsible for the violation may appeal the order to the building board of appeals. The appeal must be received in writing by the building board of appeals on or before the date the order becomes final. However, an appeal to the building board of appeals shall not stay any provision of the order except the imposition of a civil fine. No civil fine shall be imposed once an order has been appealed until a hearing has been held pursuant to HRS Chapter 91, and a decision upholding the fine has been rendered.
(3)    Judicial Enforcement of Order. The director of planning and permitting may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the director of planning and permitting need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed and that the fine imposed has not been paid.
(c)    Any person violating Section 29-4.4(b) or (c) shall be guilty of a petty misdemeanor and shall be ordered to pay the city for the cost of litter removal.
(Sec. 26-11.8, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 97-13, 02-37)

(Sec. 29-4.9     Severability. Repealed by Ord. 02-37.)

Sec. 29-4.9    Reserved.

     Article 5. Use of Streets and Sidewalks by Solicitors and Canvassers

Sections:
29-5.1    Use unlawful for certain business purposes.
29-5.2    Violation--Penalty.

Sec. 29-5.1     Use unlawful for certain business purposes.
(a)    It is unlawful for any solicitor or canvasser to engage in business on any public street, sidewalk or mall where such person's operation tends to, or does impede or inconvenience the public or any person in the lawful use of such street, sidewalk or mall.
(b)    "Solicitor or canvasser," as used in this article, means any person, traveling by foot, or any other type of conveyance, or by wagon, automobile, motor truck, taking or attempting to take orders for sale of goods, wares, merchandise or other personal property for future delivery, or for services to be furnished or performed in the future, whether or not such person carries or exhibits any samples or collects advance payments on sales. The term shall also include any person who, for oneself or for another hires, leases, uses or occupies any building, structure, tent, room, shop, vehicle or any other place for the sole purpose of exhibiting samples and taking orders for future delivery.
(Sec. 26-5.1, R.O. 1978 (1983 Ed.))

Sec. 29-5.2     Violation -- Penalty.
Any person violating any provision of this article shall upon conviction be punished by a fine not exceeding $100.00 or by imprisonment not exceeding 30 days, or by both. (Sec. 26-5.2, R.O. 1978 (1983 Ed.))

    Article 6. Peddler's License

Sections:
29-6.1    Annual fee.
29-6.2    Regulation affecting peddling.
29-6.3    Deceptive sales and commercial schemes prohibited.
29-6.4    Violation — Penalty—Summons or Citation—Arrest.

Sec. 29-6.1     Annual fee.
The annual fee for a peddler's license shall be $27.50, provided that said fee is waived for all peddlers of newspapers of general circulation, and no license shall be required of the following:
(1)    Any person peddling fresh fish, fresh fruit, fresh leis, fresh flowers or fresh vegetables;
(2)    Any merchant of a store allowed to peddle on a portion of a sidewalk or mall under Article 6A; or
(3)    Any person who has reached the age of 60 years.
(Sec. 26-6.1, R.O. 1978 (1983 Ed.); Am. Ord. 92-73, 03-26)

Sec. 29-6.2     Regulation affecting peddling.
(a)    It is unlawful for any person to peddle on a public place without a peddler’s license issued by the city, except as otherwise provided by Section 29-6.1.
(b)    It is unlawful for any person, whether exempt or licensed under Section 29-6.1, to peddle on a public place, unless such person is also duly licensed under the provisions of HRS Section 237-9 to engage in and conduct such business as required by said HRS Section 237-9.
(c)    Notwithstanding subsections (a) and (b) or any other ordinance to the contrary and except as specifically provided in this section, it is unlawful for any person to peddle on a public place in the following areas, even if such person is exempt or licensed under Section 29-6.1:
(1)    On the Pali Highway from the intersection of Nuuanu Pali Drive to Castle Junction including the Pali Lookout (improved observation area at the summit) and access road thereto;
(2)    Makapuu Lookout (parking area overlooking Makapuu Beach) on Kalanianaole Highway;
(3)    On Diamond Head Road from Poni Moi Road to Kulamanu Place;
(4)    Tantalus Drive from Aaliamanu Place to Ualakaa Park;
(5)    Waimea Bay beginning at Maunawai to the Kupupolo Heiau on Kamehameha Highway;
(6)    Within 300 feet of the easterly end of Naupaka Street on Laie Point;
(7)    Waikiki Peninsula upon the public streets, alleys, sidewalks, malls, parks, beaches and other public places in Waikiki commencing at the entrance to the Ala Wai Canal, thence along the Ala Wai Canal to Kapahulu Avenue, thence along the diamond head property line of Kapahulu Avenue to the ocean, thence along the ocean back to the entrance of the Ala Wai Canal;
(8)    Fort Street and Union Street Malls -- The length and width of those areas in downtown Honolulu designated as the Fort Street Mall and the Union Street Mall;
(9)    Chinatown and the length and width of College Walk Mall and Sun Yat Sen Mall; except as allowed under Article 6A or Article 10;
(10)    In any school zone as defined in Section 15-2.21 while school is in session. Provided, that this subdivision shall not apply to any authorized participant in a city-sponsored market program, or in any school-sponsored function, or to home door-to-door salespersons, solicitors or canvassers as defined in Section 29-5.1(b). For purposes of this subdivision:
"School" means any public or private elementary, intermediate or high school; and
"School is in session" means one hour before the start of classes and up until one hour after the last scheduled class ends;
(11)    Halona Scenic Lookout (parking area overlooking the Blowhole) on Kalanianaole Highway;
(12)    The grounds of City Hall and the Honolulu Municipal Building, as defined in Section 28-11.1 and including the public sidewalks abutting King Street, Alapai Street, Beretania Street, and Punchbowl Street. This subdivision shall not preclude use of said grounds by any concessionaire, licensees, lessee, or permittee of the city or by any peddler participating in the city-sponsored people's open market program; and
(13)    Within any public park or beach owned and operated by the city, except pursuant to a concession, permit or license issued by the city.
The provisions of this subsection shall not apply to the sale or offer for sale of newspapers of general circulation and to duly authorized concessions in public places. For purposes of this section, "newspaper of general circulation" means a publication published at regular intervals, primarily for the dissemination of news, intelligence and opinions on recent events or newsworthy items of a general character, and reaching all classes of the public.
(d)    The provisions of subsection (c) shall not be construed as prohibiting the sale or offer for sale, rent or offer for rent, or display for sale or rent on the public streets, sidewalks, malls, or public places of goods, wares, merchandise, foodstuffs, refreshments or other kinds of property or services within the area authorized by a parade or street usage permit within the time specified in the permit and subject to the terms and conditions of the permit, as authorized by the holders of the permit.
(Sec. 26-6.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 88-36, 88-91, 92-73, 96-53, 96-58, 99-05, 03-26)

Sec. 29-6.3     Deceptive sales and commercial schemes prohibited.
It is unlawful for any person to engage in an unfair, deceptive, fraudulent or misleading act, practice or representation while promoting any goods, products, services, or property of any kind, upon street, alleys, sidewalks, parks, beaches and other public places. (Sec. 26-6.3, R.O. 1978 (1983 Ed.))

Sec. 29-6.4     Violation—Penalty—Summons or Citation--Arrest.
(a)    Penalty. Any person violating any provision of this article shall upon conviction be punished as follows:
    (1)    By a fine of $100.00 if the violation did not occur within two years of the occurrence of a previous
violation of this article;
    (2)    By a fine of $250.00 if the violation occurred within two years of the occurrence of one previous
violation of this article; or
    (3)    By a fine of not less than $500.00 nor more than $1,000.00, imprisonment not exceeding 30 days, or
both if the violation occurred within two years of the occurrence of two or more previous violations of
this article.
(b)    Summons or Citation. An authorized police officer shall issue to an alleged violator a summons or citation in
accordance with Article 9; provided that the police officer may physically arrest an alleged violator in lieu of
issuing a summons or citation.
(Sec. 26-6.4, R.O. 1978 (1983 Ed.); Am. Ord. 01-45, 03-26)

     Article 6A. Peddling by Merchant of a Store on Chinatown Sidewalk or Mall,
                College Walk Mall, and Sun Yat Sen Mall

Sections:
    29-6A.1    Definitions.
    29-6A.2    Peddling by merchant of a store on a portion of a Chinatown sidewalk or mall,
        the College Walk Mall, or the Sun Yat Sen Mall.
    29-6A.3    Other restrictions and conditions for peddling on a portion of a sidewalk or mall.
    29-6A.4    Adoption of rules.
    29-6A.5    Violation—Summons or Citation—Arrest.
    29-6A.6    Penalty.
    29-6A.7    Article additional to Articles 8 and 10 with respect to use of mall.

Sec. 29-6A.1    Definitions.
    For the purpose of this article:
    “Chinatown mall” means:
    (1)    The Kekaulike Mall, designated for this article as the area of Kekaulike Street, including the abutting
sidewalks, between Hotel Street and King Street; or
    (2)    Any other mall that may be established or designated by ordinance within Chinatown.
    “Mall,” when used generally in this article,” means the College Walk Mall, Sun Yat Sen Mall, or a Chinatown mall.
    “Merchant of a store” means the person actually operating a store, whether or not the person is the owner of the store or real property housing or underlying the store.
    “Portion of a sidewalk or mall usable by a merchant for peddling” means the portion of a Chinatown sidewalk or mall, the College Walk Mall, or the Sun Yat Sen Mall upon which a merchant may peddle in accordance with Section 29-6A.2. If the portion is limited by the designated city department pursuant to that section, the phrase means only the limited portion.
(Added by Ord. 03-26)

Sec. 29-6A.2    Peddling by merchant of a store on a portion of a Chinatown sidewalk or mall, the
        College Walk Mall, or the Sun Yat Sen Mall.
(a)    Except when prohibited under subsection (b):
    (1)    A merchant of a store at ground level in Chinatown may peddle on a portion of the sidewalk or mall
abutting the store as provided by this article.
    (2)    A merchant of a store that abuts College Walk Mall or Sun Yat Sen Mall at ground level may peddle on
a portion of the mall abutting the store as provided by this article.
Except when limited to a lesser area pursuant to subsection (b), a merchant may peddle (A) on any
portion of the sidewalk within 18 inches perpendicular from the merchant’s storefront wall or (B) on
any portion of the mall within 48 inches perpendicular from the merchant’s storefront wall.
In no instance, however, shall the merchant peddle on any portion of a sidewalk or mall that extends
laterally past the length of the merchant’s storefront.
(b)    (1)    The city executive department designated by the mayor shall prohibit a merchant from peddling on any
portion of a sidewalk or mall if the department determines that the peddling will result in any of the
following: (A) the material impedance or obstruction of pedestrian traffic on the sidewalk or mall; (B)
a violation of the federal Americans with Disabilities Act; (C) the jeopardy of the public safety; (D) an
inconsistency with the objectives of the Chinatown special district as set forth under Section 21-9.60, et
seq.; or (E) the obstruction of a mailbox, fire hydrant, or curbside teller, freight chute, freight elevator,
newsstand, public telephone enclosure, or other structure permitted under Article 8.
    (2)    Alternatively, the designated city department may limit a merchant to peddling on a portion of a
sidewalk or mall less than the 18 inches or 48 inches specified under subsection (a) if the department
determines that the limitation is necessary to prevent any of the occurrences listed under subdivision
(1)(A) through (E). If imposing the limitation, the designated city department shall notify the merchant
of the limited portion of the sidewalk or mall upon which the merchant may peddle.
(c)    No merchant of a store or other person shall violate a prohibition or limitation set by this section or the
designated city department concerning the portion of a sidewalk or mall usable or not for peddling.
(Added by Ord. 03-26)

Sec. 29-6A.3    Other restrictions and conditions for peddling on a portion of a sidewalk or mall.
(a)    A merchant of a store may peddle on a portion of an abutting sidewalk or mall only goods, wares, merchandise,
foodstuffs, refreshments, or other kinds of property or services of the same or a similar character as available in
the merchant’s store; provided that a merchant shall not peddle any liquor as defined in HRS Section 281-1 on a
sidewalk or mall.
(b)    (1)    A merchant of a store shall not place any empty box, trash can, or debris on the portion of a sidewalk
usable by the merchant for peddling. This prohibition shall not apply to the portion of a mall usable by
a merchant for peddling.
    (2)    A merchant of a store shall be subject to Article 4 with respect to littering on the portion of a sidewalk
or mall usable by the merchant for peddling.
(c)    A merchant of a store shall not install any permanent structure on the portion of a sidewalk or mall usable by the
merchant for peddling.
(d)    A merchant of a store or other person on behalf of such a merchant may stand beyond the portion of a sidewalk
usable by the merchant for peddling when the merchant or person peddles goods, wares, merchandise,
foodstuffs, or other kinds of property that are displayed on the sidewalk by the merchant.
    This subsection shall not apply:
    (1)    When a merchant is prohibited under Section 29-6A.2(b)(1) from peddling on any portion of a
sidewalk abutting the merchant’s store; or
    (2)    To a merchant of a store abutting a mall or a person peddling on the mall on behalf of the merchant.
Such a merchant or person shall stand and peddle only on the portion of the mall usable by the
merchant for peddling.
(e)    A merchant of a store shall not cook, cut, trim, or otherwise prepare food for sale or consumption on the portion
of a sidewalk or mall usable by the merchant for peddling.
A merchant who uses a portion of a sidewalk or mall to peddle food shall comply with all relevant state laws and
rules relating to food preparation, sale, and sanitation.
(Added by Ord. 03-26)

Sec. 29-6A.4    Adoption of rules.
    The city executive department designated by the mayor may adopt rules to implement this article, including rules relating to the hours during which peddling on a sidewalk or mall is allowed. The rules shall be adopted in accordance with HRS Chapter 91. (Added by Ord. 03-26)

Sec. 29-6A.5    Violation—Summons or Citation—Arrest.
(a)    No person shall violate any provision of this article or rule adopted pursuant to this article.
(b)    An authorized police officer shall issue to an alleged violator a summons or citation in accordance with Article
9; provided that the police officer may physically arrest an alleged violator in lieu of issuing a summons or
citation.
(Added by Ord. 03-26)

Sec. 29-6A.6    Penalty.
    Any person violating any provision of this article or rule adopted pursuant to this article shall upon conviction be punished as follows:
    (1)    By a fine of $100.00 if the violation did not occur within two years of the occurrence of a previous
violation of this article;
    (2)    By a fine of $250.00 if the violation occurred within two years of the occurrence of one previous
violation of this article; or
    (3)    By a fine of not less than $500.00 nor more than $1,000.00, imprisonment not exceeding 30 days, or
both if the violation occurred within two years of the occurrence of two or more previous violations of
this article.
For the purpose of this section, a “violation of this article” includes a violation of a rule adopted pursuant to this article.
(Added by Ord. 03-26)

Sec. 29-6A.7    Article additional to Articles 8 and 10 with respect to use of mall.
    The use of a mall as authorized by this article shall be additional to the uses of a mall authorized under Article 8 and Article 10. (Added by Ord. 03-26)

    Article 7. Handbilling in the Waikiki Special Design District

Sections:
29-7.1    Purpose and intent.
29-7.2    Definitions.
29-7.3    Application.
29-7.4    Areas in which handbilling is permitted.
29-7.5    Penalty, summons or citation.
29-7.6    Prohibited activity.

Sec. 29-7.1     Purpose and intent.
(a)    The city council finds that reasonable regulation of handbilling activities upon certain public streets, sidewalks, alleys and other public places within Waikiki is a matter of compelling interest to the City and County of Honolulu. The city council finds a compelling need in this district to ensure the safety and welfare of both motorists and pedestrians.
(b)    The Waikiki district is the heart of the city's tourist industry and a major business, entertainment and recreation area for visitors and residents alike. In 1986, there were approximately 5.6 million visitors to the State of Hawaii. The visitor industry is an essential component of the economic vitality of the area and the state. On an average, there were approximately 66,000 visitors in the Waikiki district each day. In addition to this, the resident population of the Waikiki district is approximately 23,000 people. As a result, travel through the district is hindered by heavy pedestrian and vehicular traffic and congestion at all times of the day. Pedestrian traffic counts on the sidewalk at critical spots along Kalakaua Avenue alone during peak hours reach over 3,900 pedestrians per hour, an extraordinarily high volume. Daily pedestrian traffic on the mauka side of the street at the International Market Place in both directions during peak tourist season is estimated at 39,600. Peak season daily pedestrian traffic on both sides of the street exceeds 65,000. Similar extraordinarily high pedestrian traffic is also found on the sidewalks along Kuhio Avenue and sections of Lewers Street. The city's interest in open and attractive sidewalks extends throughout the Waikiki special district.
(c)    Handbilling activities conducted at or close to intersections, crosswalks, bus stops and driveways impede the flow of pedestrian and vehicular traffic, leading to erratic, evasive maneuvers and posing the hazard of diverting the attentions of and endangering drivers, pedestrians and those alighting from buses. Further, handbillers who obstruct the paths of pedestrians or who, without the consent of the pedestrians, thrust handbills in their faces or touch their persons or property, create hazardous situations, such as pedestrians stepping into busy streets or colliding with other pedestrians to avoid unwanted contacts with handbillers. This danger is minimized when handbillers are prohibited from engaging in handbilling in or in close proximity to such safety sensitive areas as driveways, crosswalks, bus stops and intersections.
Accordingly, this article is designed to protect the safety of the public and to restrict handbilling activities in only those areas creating the greatest hazards to pedestrian and motorist safety.
(d)    The provisions of this article are declared to be necessary for the accomplishment of the following purposes:
(1)    To ensure that persons desiring to engage in handbilling activities in Waikiki are given a reasonable opportunity to do so;
(2)    To ensure the safe, unrestricted, free and orderly flow of vehicular and pedestrian traffic on the most hazardous portions of sidewalks in Waikiki; and
(3)    To protect the visitor industry in the state, the heart of which is the Waikiki peninsula, by protecting the safety of our visitors.
(e)    The provisions of this article are not intended to cover the dispensing of written materials by newsracks or to peddling activities covered by Article 6.
(Added by Ord. 88-83; Am. Ord. 98-12)

Sec. 29-7.2     Definitions.
As used in this article:
"Department" means the department of budget and fiscal services of the City and County of Honolulu.
"Director" means the director of the department of budget and fiscal services of the City and County of Honolulu.
"Handbilling" means the distribution by an individual of any printed or written matter or other informative material. The term "handbilling" shall not include distribution of any printed or written matter by means of a "dispensing rack," as defined in Section 29-11.2(a), any other structure or enclosure constructed by or under the direction of the city for purposes of dispensing printed or written material, or a newsstand permitted under Section 29-8.2, and shall not include the sale or offer for sale or rent or offer for rent of any printed or written material or any other informative material.
"Informative material" means any photograph, map, diagram, rendering, drawing, painting, graph, photocopy, print, relief, engraving, embossed material, punch card, audio, video and/or computer tape, record, compact or laser disc, computer diskette or any other material intended to convey information audially, visually, or by touch, whether in language, code or otherwise, which has no purpose apart from the conveyance of the information, depiction or sound conveyed, but does not include money or any negotiable instrument.
(Added by Ord. 88-83; Am. Ord. 98-12, 00-02)

Sec. 29-7.3     Application.
The provisions of this article apply to Kalakaua and Kuhio Avenues between Kalaimoku Street and Kapahulu Avenue and Lewers Street between Kalakaua Avenue and Kalia Road and the sidewalks thereof.
The provisions of this article also apply to the appropriate public sidewalk areas of streets intersecting the portions of Kalakaua Avenue, Kuhio Avenue, and Lewers Street listed above.
(Added by Ord. 88-83; Am. Ord. 00-02)

Sec. 29-7.4     Areas in which handbilling is permitted.
(a)    Handbilling is permitted on all public sidewalks to which this article applies, except:
(1)    In any area where clear pedestrian passage on the public sidewalk is less than four feet wide;
(2)    On the portion of a public sidewalk adjacent to any area designated as a bus stop or within 10 feet of either end of the bus stop. In areas where the length of the bus stop is not clearly identified, the front of the bus stop begins at the bus stop sign and extends 50 feet back from the bus stop sign;
(3)    Within a midblock crosswalk area;
(4)    On the portion of a public sidewalk crossed by a public or private driveway or within 10 feet of either side of the driveway; or
(5)    Within any street corner area.
(b)    For purposes of this section:
(1)    "Midblock crosswalk area" means the sidewalk area which falls between the two lines 15 feet beyond each side of a marked midblock crosswalk (as defined by the crosswalk lines delineated on the street pavement) and perpendicular to the curb. (See examples of midblock crosswalk areas in Attachment "A," Figures 29-7A.1, 29-7A.5 and 29-7A.7.)
(2)    Street Corner Areas.
(A)    At street corners other than those subject to paragraph (B) or (C), "street corner area" means the sidewalk area at the intersection of two streets, circumscribed by the curbs, the property lines abutting the sidewalk area, and the following lines:
(i)    The line including the point along the curb of one street either: 10 feet beyond the far side of a marked corner crosswalk and perpendicular to the curb; or, where there is no marked corner crosswalk, 25 feet from the curb line of the intersecting street and parallel to the curb line; and
(ii)    The line including the point along the curb of the intersecting street either: 10 feet beyond the far side of a marked corner crosswalk and perpendicular to the curb; or, where there is no marked crosswalk, 25 feet from the curb line of the first street and parallel to the curb line.
(See street corner areas marked diagonally on Attachment "A," Figures 29-7A.2, 29-7A.3 and 29-7A.4.)
(B)    Except as provided in paragraph (C), for street corners at a "T" intersection, at the two corners created on the stem street side of the crossbar street, the street corner area provision of this subdivision shall apply, and on the side of the crossbar street opposite the stem street, the midblock crosswalk area provisions of subdivision (1) shall apply. (See areas marked diagonally on Attachment "A," Figures 29-7A.5, 29-7A.6 and 29-7A.7.)
For purposes of this definition, a "T" intersection is an intersection where one street, designated the "stem" street, terminates at another street, designated the "crossbar" street.
(C)    At the ewa side of the crosswalk crossing Beach Walk at its intersection with Kalakaua Avenue and at the ewa side of the ewa crosswalk crossing Saratoga Road at its intersection with Kalakaua Avenue, the "street corner area" shall be determined by application of the midblock crosswalk area provision of subdivision (1). Additionally, with respect to the intersection of Kalakaua Avenue and Saratoga Road, the area where handbilling is prohibited shall include the entire traffic island at that intersection.
(3)    For crosswalks that are delineated by two roughly parallel lines defining portions of the perimeter of the crosswalk, including crosswalks at intersections where pedestrians are permitted to cross in all directions at the same time ("Barnes Walks"), distances shall be measured from the point where the outer edges of the roughly parallel lines intersect the curb; provided that if they do not intersect the curb, distances shall be measured from the point where the outer edges of the roughly parallel lines would intersect the curb if they were extended to intersect the curb. (See Attachment "A," Figures 29-7A.8 and 29-7A.9.) For those crosswalks that are not delineated by roughly parallel perimeter lines, and which are defined by a series of roughly parallel rectangular blocks within the crosswalk itself, distances shall be measured from the points where the curb intersects the lines projected through the midpoints of the widths of the two full-length rectangular blocks nearest to the curb line. (See Attachment "A," Figure 29-7A.10.) For purposes of this subdivision: the "width" of a rectangular block shall be the shorter side of the block, the side roughly perpendicular to the nearest curb line; and a "full length" rectangular block is a block at least 80 percent of the length of the longest rectangular block in the crosswalk.
(4)    "Corner crosswalk" means a crosswalk, any portion of which is within 25 feet of the closest street corner. The measurement rule of subdivision (3) shall not apply to this definition.
(5)    "Curb line" means the line of a curb prior to its becoming curved at a street corner.
(6)    "Far side" of a marked corner crosswalk is the side of the crosswalk further from the closest street corner.
(7)    "Midblock crosswalk" means any crosswalk other than a corner crosswalk.
(c)    The figures in Attachment A are intended to illustrate the application of the regulations to midblock crosswalk areas and to street corner areas; however, the figures are not intended to represent every crosswalk or street corner in the area regulated by this article.
(Added by Ord. 88-83; Am. Ord. 98-12, 00-02)

Sec. 29-7.5    Penalty, summons or citation.
(a)    Penalty. Any person conducting handbilling in violation of any provision of this article shall be subject to a fine of $25.00 for each offense.
(b)    Summons or Citation.
(1)    There shall be provided for use by authorized police officers, or authorized special police officers, a form of summons or citation for use in citing any violation of this article which does not mandate the physical arrest of the violator. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed as to include all necessary information to make the same valid within the laws and regulations of the state and city. Said summons or citation shall instruct such person to report to the violations bureau of the district court for the district of Honolulu. Each such violator may, within seven days after receipt of such summons, appear at such violations bureau and post a bail bond in such amounts as may be set by the administrative judge of the district court for appearance on the date as may be set out for such person to appear before the district court. Upon failure to appear on such date, said bail bond shall be deemed forfeited. Bail forfeiture by mail shall be permitted.
(2)    In every case when a citation is issued, the original of the same shall be given to the violator; provided, that the administrative judge of the district court may prescribe the giving to the violator of a carbon copy of the citation and provide for the disposition of the original and any other copies.
(3)    Every citation shall be consecutively numbered, and each carbon copy shall bear the number of its respective original.
(Added by Ord. 88-83)

Sec. 29-7.6 Prohibited activity.
Individuals distributing handbills shall be prohibited from depositing any handbills upon any public place or upon any structure or landscaping on any public place at any time. (Added by Ord. 98-12)

Sec. 29-8.2     Newsstands--Permit application--Fees--Conditions.
(a)    The director of finance shall issue permits authorizing newsstands on public sidewalks in accordance with the provisions and conditions contained herein.
(b)    Each permit shall be valid for the period that fees are assessed and paid.
(c)    A fee of $15.00 per annum for each newsstand covered by the permit or added by an amendment thereto, shall be charged and collected by the director of finance at the time of the issuance, reissuance or amendment of the permit. Only one permit shall be issued to each applicant listing location and size of each newsstand. Decals bearing a number and the expiration date marked thereon shall be issued for each newsstand after payment of the permit fee. After receipt of the decal, the applicant shall affix the decal in plain sight on the front of the newsstand. The use of the decal is subject to the following conditions:
(1)    Upon loss, defacement or destruction of a decal, the applicant shall submit an application for a new decal giving such information as shall be required by the director of finance.
(2)    Upon filing of such application, the director of finance shall issue a new decal and charge the applicant a fee of one dollar therefor.
(3)    If the director of finance finds that an applicant's newsstand does not have the decal affixed thereto, the director shall order the removal of such stand until such time an application for a permit is filed and a decal, issued therefor, is affixed to such stand.
(d)    The permit shall be nontransferable.
(e)    Upon the breach of any condition or violation of any provision herein, the director of finance shall suspend the permit until the breach of condition or violation is corrected.
(f)    A written application shall be filed with the director of finance which shall include:
(1)    The name of the applicant and the name under which the business is conducted;
(2)    The address and telephone number of the applicant;
(3)    The total number of newsstands and location of each newsstand to be covered by the permit;

Sec. 29-8.3     Public telephone enclosures.
(a)    The director of finance shall issue permits authorizing public telephone enclosures on or over public sidewalks and malls in accordance with the provisions and conditions contained herein.
(b)    Each permit shall be valid for the period that fees are assessed and paid.
(c)    A fee of 10 percent of the gross income from each public telephone enclosure covered by the permit, or added by amendment thereto, shall be collected by the director of finance each and every month. Only one permit shall be issued to each applicant.
(d)    The permit shall be nontransferable, except to the mortgagee of a duly recorded mortgage or to a purchaser at a foreclosure sale conducted pursuant to the terms and conditions of said mortgage. The transferee shall have all of the rights granted by the permit and shall be subject to all of the requirements contained herein.
(e)    Upon the breach of any condition or violation of any provision herein, the director of finance shall suspend the permit until the breach of condition or violation is corrected.
(f)    The permittee shall surrender such permit to the director of finance upon the removal of all public telephone enclosures authorized by said permit.
(g)    A written application shall be filed with the director of finance which shall include:
(1)    The name of the applicant and the name under which the business is conducted;
(2)    The address and telephone number of the applicant;
(3)    The total number of public telephone enclosures to be covered by the permit;
(4)    The location of each public telephone enclosure;
(5)    The name and address of any mortgagee under a duly recorded mortgage to which the public telephone enclosures would be subject;
(6)    An authorization for the chief of police to remove and impound any public telephone enclosure located in violation of the ordinance and an agreement to hold the city, its officers and employees free from claim for damages or losses resulting from the removal or impounding of such enclosure;
(7)    The signature of the applicant or of a person authorized to execute instruments on behalf of the applicant.
(h)    The following documents shall be filed with each application:
(1)    A certificate of insurance or a copy of a public liability insurance policy, issued by a carrier, to be approved by the director of finance, and naming specifically the applicant, the city and the State of Hawaii, and such other parties designated by the applicant as assureds, and generally the owners, lessees and occupants of property abutting the public sidewalk or mall where each public telephone enclosure is located as assureds, covering any claim or liability for damages, injuries or deaths, resulting from the placement, condition or use of the public telephone enclosure or in any way connected with such enclosure. The policy shall also include automatic coverage for public telephone enclosures added or relocated after the application is filed. The minimum amount of coverage under such policy shall be $100,000.00 for injuries or death to any one person, $300,000.00 for injuries or deaths involving two or more persons arising from any one occurrence, and $10,000.00 property damage for each occurrence. The policy shall be kept in force during the entire period of the permit. Neither the applicant nor the carrier shall cancel the policy, except upon 30 days prior written notice to the director of finance.
(2)    Written approval from the chief of police that the requested location and size of each public telephone enclosure does not constitute a hazard to or impede the traffic of pedestrians or vehicles.
(3)    Written approval from the building superintendent that the size, design, construction and specification of each particular type of public telephone enclosure are satisfactory for public safety.
(4)    Written authorization signed by any mortgagee under a duly recorded mortgage to which the public telephone enclosures are subject.
(i)    Hazardous Enclosures.
(1)    The chief of police shall send written notice to the permittee and the mortgagees mentioned herein whenever the chief determines that the condition or location of a public telephone enclosure constitutes a hazard to the public or is impeding traffic. A copy of such notice shall be sent to the director of finance.
(2)    Within 24 hours of receipt of such notice, the permittee and/or mortgagee shall remove, or correct the condition of the public telephone enclosure. The chief of police shall send written notice to the director of finance at the end of such period stating what action, if any, the permittee has taken. If the permittee and/or mortgagee has failed to take the necessary action, the chief of police shall remove and impound said enclosure. Upon the payment of a $25.00 charge for the removal and impounding of each of such enclosures, the permittee and/or mortgagee may reclaim said enclosure. Failure to pay such charge and to claim said enclosure within 30 days after notification of such impounding shall be deemed an authorization by the permittee and/or mortgagee to destroy or otherwise dispose of such enclosure.
(3)    Upon receipt of notification that the permittee and/or mortgagee has failed to take the necessary action, the director of finance shall forthwith suspend the permit and notify the council of suspension.
(j)    Conditions of Permit. The permit shall be issued subject to the following conditions:
(1)    The permittee shall maintain a current public liability insurance policy, required by this section, at all times during the effective period of the permit.
(2)    The permittee shall not add or relocate any public telephone enclosure after the filing of the application, without amending the permit to specify the number and locations of additional public telephone enclosures and the new locations of relocated public telephone enclosures and without the approval of the chief of police and the building superintendent as provided under subsection (h) for such additional or relocated enclosures. The approval of the building superintendent shall not be necessary if the public telephone enclosure is of a type previously approved.
(3)    The permittee shall give written notice to the director of finance whenever a public telephone enclosure site is permanently vacated.
(Sec. 26-8.3, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)

Sec. 29-8.4     Curbside tellers.
(a)    All provisions contained in Section 29-8.3 shall be applicable to curbside tellers, except as obviously limited to public telephone enclosures and except as otherwise provided herein.
(b)    The applicant need not be franchised; however, only applicants who are authorized to do business in Hawaii as a bank, savings and loan association, credit union or financial services loan company shall be eligible for such permit.
(c)    A fee of $120.00 per annum for each curbside teller covered by the permit, or added by amendment thereto, shall be charged and collected by the director of finance at the time of issuance, reissuance or amendment of the permit. Only one permit shall be issued to each applicant.
(d)    The provisions regarding removal, impounding and reclaiming of public telephone enclosures shall not be applicable to curbside tellers.
(Sec. 26-8.4, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)

Sec. 29-8.5     Freight elevators and freight chutes.
(a)    All provisions contained in Section 29-8.3 shall be applicable to freight elevators and freight chutes, except as obviously limited to public telephone enclosures and except as otherwise provided herein.
(b)    The applicant need not be franchised; however, the applicant must either own, lease or be doing business on the property abutting the public sidewalk or mall at the location of the freight elevator or freight chute.
(c)    A fee of $120.00 per annum for each freight elevator and freight chute covered by the permit, shall be charged and collected by the director of finance at the time of issuance, reissuance or amendment of the permit. Only one permit shall be issued to each applicant.
(d)    The provisions regarding removal, impounding and reclaiming of public telephone enclosures shall not be applicable to freight elevators and freight chutes.
(e)    The provisions contained in Section 29-8.3 (h) pertaining to the approval of building superintendent shall be applicable to freight elevators.
(f)    The provisions contained in Section 29-8.3 (h) pertaining to automatic coverage for additional enclosures shall not be applicable to freight elevators and freight chutes.
(g)    Freight chutes shall be covered by two equal size doors each hinged to the side of the chute perpendicular to length of the sidewalk or mall. The doors shall be flush to the sidewalk or mall when closed and shall be locked. The outside surface shall be of a nonskid finish and contain no openings except as necessary for the locking mechanism. The doors shall be capable of supporting 300 pounds per square foot evenly distributed. Each door shall be locked into a 90 degree position when open. Prior to opening, an attendant shall be stationed on the sidewalk at the side of the chute until the doors are locked into the ninety degree position. At no time shall the doors and goods completely block the flow of pedestrians on the sidewalk or mall. The doors shall not remain open nor shall goods remain on the sidewalk or mall for more than 15 minutes during any period of use.
(h)    The applicant shall submit written approval of the department of public works of the city that the freight chute and doors are in compliance with the provisions of this article when applying for a permit.
(i)    Nothing contained in this section shall be construed to permit the installation of freight elevators and chutes other than those in existence at the effective date of this article.
(Sec. 26-8.5, R.O. 1978 (1983 Ed.))

Sec. 29-8.6     Public convenience and necessity.
The permits provided herein shall be issued subject to a finding by the director of finance, upon evidence submitted by the applicant, that the public convenience and necessity require the issuance thereof. (Sec. 26-8.6, R.O. 1978 (1983 Ed.))

Sec. 29-8.7     Nonwaiver of other requirements.
No provision contained in this article shall be interpreted to modify any state or city law or regulation pertaining to fees, licenses, permits, standards and specifications of the equipment and structures covered by this article. (Sec. 26-8.7, R.O. 1978 (1983 Ed.))

Sec. 29-8.8     Payment of fees.
All fees shall be paid in advance on a yearly basis computed from the first of July to the 30th of June. The fees for any structure placed on the sidewalk or mall after the first of July shall be prorated on a monthly basis. No refund of fees shall be made. (Sec. 26-8.8, R.O. 1978 (1983 Ed.))

Sec. 29-8.9     Revocation of permits.
Notwithstanding any other provision herein to the contrary, any permit may be revoked at any time by the council. (Sec. 26-8.9, R.O. 1978 (1983 Ed.))

Sec. 29-8.10     Unlawful to erect gasoline pumps on sidewalks--Penalty.
(a)    It is unlawful for any person to erect or place or permit, or cause to be erected or placed any gasoline pumps upon any sidewalk or mall in the city.
(b)    Any person violating this provision shall, upon conviction, be punished by a fine not to exceed five dollars for each day of violation.
(Sec. 26-8.10, R.O. 1978 (1983 Ed.))

Sec. 29-8.11     Violation--Penalty.
Any person establishing, constructing, maintaining, keeping or operating a newsstand, public telephone enclosure, curbside teller, freight elevator, freight chute or any other structure or appliance on, above or below a public sidewalk or mall without a valid permit as provided herein, shall upon conviction be deemed guilty of a misdemeanor and punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding one year, or by both. (Sec. 26-8.11, R.O. 1978 (1983 Ed.))

    Article 9. Procedure on Arrest

Sections:
29-9.1    Procedure.
29-9.2    Summons or citation.

Sec. 29-9.1     Procedure.
Any authorized police officer, upon making an arrest for a violation of this chapter, shall take the name and address of the alleged violator and shall issue to the alleged violator in writing a summons or citation hereinafter described, notifying the alleged violator to answer to the complaint to be entered against such person at a place and at a time provided in said summons or citation. (Sec. 26-9.1, R.O. 1978 (1983 Ed.))

Sec. 29-9.2    Summons or citation.
(a)    There shall be provided for use by authorized police officers, a form of summons or citation for use in citing violators of this chapter where the circumstances do not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the laws and regulations of the State of Hawaii and the City and County of Honolulu.
(b)    In every case when a citation is issued, the original of the same shall be given to the violator; provided, that the administrative judge of the district court may prescribe by giving to the violator a carbon copy of the citation and provide for the disposition of the original and any other copies.
(c)    Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original.
(Sec. 26-9.2, R.O. 1978(1983 Ed.))

    Article 10. Use of Malls

Sections:
29-10.1    Declaration of intent.
29-10.2    Definitions.
29-10.3    Powers and duties of the department.
29-10.4    Appeals.
29-10.5    Penalty--Procedure on arrest--Summons or citation.
29-10.6    Severability.

Sec. 29-10.1    Declaration of intent.
The council of the City and County of Honolulu finds that:
(a)    Indiscriminate and uncontrolled use of the malls by individuals, commercial establishments fronting the malls and other organizations and deterioration of the aesthetic aspects of the malls are detrimental to the public interest; and
(b)    The department of parks and recreation is able to provide effective control and coordination of permittees' use of the malls, and to preserve or upgrade the aesthetic aspects of the malls; the council therefore delegates to the department of parks and recreation the authority to control and coordinate permittees' use of the malls in accordance with the terms of this article. The department may post signs to prohibit skateboarding and other activities regulated under Section 10-1.2 when necessary for the protection and preservations of the malls and facilities thereon, or the health, safety and welfare of persons or property.
(c)    The department of transportation services is able to provide effective control and coordination of vehicular traffic on the malls; the council therefore delegates to the department of transportation services the authority to control and coordinate vehicular traffic on the malls.
(Sec. 26-10.1, R.O. 1978 (1983 Ed); Am. Ord. 91-29)

Sec. 29-10.2    Definitions.
"Council" means the city council.
"Department" means the department of parks and recreation, unless the context otherwise requires.
"Event" means the use of the malls (1) for membership drives sponsored by any person; and/or (2) for organized activities sponsored by any person on any portion of the malls, whether for profit or not; and/or (3) for meetings, which are defined to mean any gatherings on the malls sponsored by any person; and/or (4) for speeches or other communications made by any person and addressed to other users of the mall for the purpose of influencing their views on any subject.
"Malls district" means the area from a private property line to a private property line as to the width of the mall, and physical demarcation indicating the length of the mall.
"Merchant" means any property owner who has been assessed for the malls improvement district, including lessees or tenants of such property. (Sec. 26-10.2, R.O. 1978 (1983 Ed.); Am. Ord. 02-51)

Sec. 29-10.3    Powers and duties of the department.
(a)    Applications. The department shall receive and review applications for permits for the use of the malls by any person where required by subsection (b) of this section, on forms approved by the department. The filing of applications shall be pursuant to rules and regulations adopted by the department. Said applications for permits shall be filed not fewer than 10 working days prior to the date of the proposed event. There shall be no charge for the filing of an application. The department shall inform the applicant in writing of any approval or denial of an application by delivering or mailing to the last known address of the applicant a copy of the department's decision within five working days before the proposed event.
(b)    Permits. The department shall issue permits for the use of a particular area of a mall or malls for events, together with any activities reasonably related thereto, whenever such events promote: the safety, health and welfare of the public; the use of the malls for which they were established; the interest of the malls district; or any other community endeavors sponsored, undertaken or promoted by duly established organizations. The department shall determine and establish by rules as prescribed herein the number and boundaries of areas within each mall which shall reasonably promote the safety, health and welfare of the public; the use of the malls for which they were established; the interest of the malls district; or any other community endeavors sponsored, undertaken or promoted by duly established organizations.
All permits may be issued subject to the following restrictions:
(1)    That such events do not impair the health, safety and welfare of the users of the malls and of the merchants and the property owners in the malls, and do not violate any statutes, ordinances or rules or regulations having the effect of law;
(2)    No permit shall be granted for more than seven consecutive calendar days in any calendar year;
(3)    No permit shall be issued for more than one event in a particular area of a mall during a given period; provided, that several areas of a mall or malls may be used concurrently for such event;
(4)    No permit shall be issued to any person for an event in a particular area of a particular mall more than once during a calendar year; provided, that any events sponsored by merchants shall be done collectively as an association of merchants and not individually; and provided further, that any person who has the privilege of using a particular mall during a calendar year as provided herein, may submit another application, and the department may issue a permit to such person if there are no conflicts in the use of the malls granted to other permittees, or no applicant has submitted a request for the use of the malls for the date or period requested by such prior user of the mall; and

Sec. 29-10.4     Appeals.
An applicant whose permit for the use of the malls has been denied, revoked or suspended by the department may file within 30 days after receipt of said revocation, suspension or denial an appeal for a hearing with the city council. (Sec. 26-10.4, R.O. 1978 (1983 Ed.))

Sec. 29-10.5     Penalty--Procedure on arrest--Summons or citation.
(a)    Penalty. Any person violating the provisions of this article shall be, upon conviction, subject to a fine of $250.00 or 30 days in the city jail, or both.
(b)    Procedure on Arrest. Any authorized police officer, or authorized special police officer, upon making an arrest for a violation of this article, shall take the name and address of the alleged violator and shall issue to the alleged violator in writing a summons or citation hereinafter described, notifying the alleged violator to answer to the complaint to be entered against such person at a place and at a time provided in said summons or citation.
(c)    Summons or Citation.
(1)    There shall be provided for use by authorized police officers or authorized special police officers, a form of summons or citation for use in citing violators of this article which does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the laws and regulations of the State of Hawaii and the City and County of Honolulu.
(2)    In every case when a citation is issued, the original of the same shall be given to the violator; provided, that the administrative judge of the district court may prescribe by giving to the violator a carbon copy of the citation and provide for the disposition of the original and any other copies.
(3)    Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original.
(Sec. 26-10.5, R.O. 1978 (1983 Ed.))

Sec. 29-10.6     Severability.
The provisions of this article are declared to be severable. In accordance therewith, if any portion of said article is held invalid for any reason, the validity of any other portion of this article shall not be affected and if the application of any portion of this article to any person, property or circumstance is held invalid, the application hereof to any other person, property or circumstance shall not be affected. (Sec. 26-10.6, R.O. 1978 (1983 Ed.))

     Article 13. Use of Animals in Solicitations in the Waikiki
Special District

Sections:
29-13.1    Definitions.
29-13.2    Prohibition.
29-13.2A    Exception.
29-13.3    Violation -- Penalty.
29-13.4    Other laws not affected.

Sec. 29-13.1    Definitions.
For the purposes of this article:
“Public property” includes any street, highway, boulevard, road, sidewalk, alley, island, lane, bridge, parking lot, park, square, space, grounds, mall, building, or other property owned by or under the jurisdiction of any governmental entity or otherwise open to the public.
"Solicitation" means to request or demand money or gifts.
"Waikiki special district" means the Waikiki special district as defined in Section 21-9.80-2. (Added by Ord. 97-66; Am. Ord. 99-52)

Sec. 29-13.2    Prohibition.
In the Waikiki special district, no person shall use any live animal in furtherance of any solicitation on any public property, except in compliance with all of the following conditions of this section or, if applicable, Section 29-13.2A:
(a)    The animal shall be held or carried by the person conducting the solicitation at all times. No animal too large to be held or carried shall be used in any solicitation. This subsection shall not apply to a service animal as defined in 49 CFR Section 37.3 when such service animal is being used by an individual with a disability requiring such service animal.
(b)    The person conducting the solicitation shall not place the animal on or otherwise transfer the animal to any other person.
(c)    The person shall not place any cage, table, stand, or other object on public property.
(d)    The person shall not use any city-owned or maintained street furniture or structure, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display of anything whatsoever in connection with the solicitation, or otherwise put such bench, planter, utility cabinet, street furniture or structure to use in furtherance of such solicitation.
(e)    The person conducting the solicitation shall wear at all times on that person's chest so that it is clearly visible to persons being solicited a sign of at least 8 2 x 11 inches in size, upon which the following words are legibly printed in letters or characters at least 2 inch in height in both English and Japanese:
(1)    Solicitor: (Name and address of the person or organization conducting the solicitation).
(2)    Purpose: (The reason the solicitation is being made.)
(3)    YOU NEED NOT PAY OR CONTRIBUTE ANY MONEY TO THIS PERSON, ANY PAYMENT OR CONTRIBUTION IS COMPLETELY VOLUNTARY.
(4)    The Japanese translation for the disclaimer set forth in (3).
The statements required in (3) and (4) shall be in capital letters and bold type.
(Added by Ord. 97-66; Am. Ord. 99-52)

Sec. 29-13.2A    Exception.
(a)    Section 29-13.2(a) through (e) shall not apply to a person using a live animal to solicit on privately owned public property in the Waikiki special district when the person has the express written authorization of the property owner to conduct such solicitation on the property. For the purpose of this section, "privately owned public property" means public property under the possession of a private person through fee title, lease, easement grant, or other conveyance instrument and "property owner" means the private person in possession of the property or the person's agent.
A person with such authorization from the property owner shall conduct the solicitation in compliance with subsection (b).
(b)    When conducting the solicitation:
(1)    Neither the person conducting the solicitation or any cage, table, stand, or other object owned or used by the person shall be on government-owned public property; and
(2)    The person, upon the request of a police officer, shall immediately display to the officer the written authorization from the property owner.
(c)    A person using a live animal to solicit on privately owned public property in the Waikiki special district, but without the express written authorization of subsection (a), shall be subject to Section 29-13.2(a) through (e).
(Added by Ord. 99-52)

Section 29-13.3    Violation -- Penalty.
Any person who is required to comply with Section 29-13.2(a) through (e), but who violates any of those subsections shall, upon conviction, be guilty of a petty misdemeanor and subject to punishment in accordance with HRS Sections 706-640 and 706-663.
Any person who is required to comply with Section 29-13.2A(b), but who violates any of its provisions shall, upon conviction, be guilty of a petty misdemeanor and subject to punishment in accordance with HRS Sections 706-640 and 706-663.
(Added by Ord. 97-66; Am. Ord. 99-52)

Section 29-13.4    Other laws not affected.
Nothing in this article shall be deemed to limit or affect the application of any other law, including but not limited to any trespass law, animal cruelty law, or Article 6 of this chapter, regulating peddling in public places. (Added by Ord. 97-66; Am. Ord. 99-52)

     Article 14. Unlawful Signs Within Street Rights-of-way
    and Public Malls

Sections:
    29-14.1    Definitions.
    29-14.2    Council finding and declaration of nuisance.
    29-14.3    Summary removal of unlawful signs.
    29-14.4    Rules.
    29-14.5    Application.
    29-14.6    Severability.

Sec. 29-14.1    Definitions.
As used in this article:
"Portable sign" means a portable sign as defined under Section 21-7.20.
"Sign" means a sign as defined under Section 21-7.20.
"Sign area" means sign area as defined under Section
21-7.20.
"Unlawful sign" means any sign erected, established, constructed, maintained, kept or operated in violation of the provisions of this article.
(Added by Ord. 98-42)

Sec. 29-14.2    Council finding and declaration of nuisance.
The council finds and declares unlawful signs to be public nuisances, hazardous to the health, safety and welfare of the residents of the city and, therefore, such signs shall be subject to summary removal pursuant to this article. (Added by Ord. 98-42)

Sec. 29-14.3    Summary removal of unlawful signs.
(a)    No person shall erect, establish, construct, maintain, keep or operate a sign, including but not limited to a portable sign, on, above or below:
(1)    Any street right-of-way, including any sidewalk area or medial strip; or
(2)    Any public mall;
except as may be permitted under Sections 21-3.90 to 21-3.90-8, or other applicable law.
Any sign in violation of this subsection shall be considered an unlawful sign, and shall be subject to summary removal under this section.
(b)    The building superintendent may immediately and summarily remove or cause the immediate and summary removal of an unlawful sign. The building superintendent may request and shall receive the full cooperation and assistance of the chief of police, and of the directors of the departments of public works and transportation services, as may be appropriate, to carry out such removal.
(1)    The building superintendent shall store or cause to be stored any sign removed pursuant to this section until the building superintendent is authorized to destroy, sell or otherwise dispose of the sign pursuant to the applicable provisions of this section, but in no event less than 30 calendar days from the date of removal.
(2)    Notification.
(A)    If a sign removed pursuant to this section has a sign area greater than 324 square inches, and the name or address of the owner of the sign appears on the face or reverse side of the sign, then the building superintendent shall issue a written notice to the owner of the sign prior to, or within 10 working days following the date of the sign's removal; provided that no notice shall be required if only the name appears and the building superintendent is unable after a good faith effort to determine the address of the named person.

Sec. 29-14.4    Rules.
The building superintendent may adopt rules pursuant to HRS Chapter 91 for the implementation of this article. (Added by Ord. 98-42)

Sec. 29-14.5    Application.
(a)    This article applies only to unlawful signs erected on, above or below street rights-of-way and public malls. Unlawful signs erected in other locations shall not be subject to summary removal as provided herein, but shall be subject to any other applicable provision of state or city law, ordinance, or rule, including but not limited to the abatement and removal procedure set forth in Section 21-7.70.
(b)    The provisions of this article shall be in addition to and shall not limit any other applicable provision of state or city law, ordinance, or rule.
(Added by Ord. 98-42)

Sec. 29-14.6    Severability.
The provisions of this article are declared to be severable. If any portion of this article is held invalid for any reason, the validity of any other portion of this article which may be given effect without the invalid portion shall not be affected and if the application of any portion of this article to any person, property or circumstance is held invalid, the application of this article to any other person, property or circumstance shall not be affected. (Added by Ord. 98-42)

     (Article 15. Publication Dispensing Racks in the Waikiki Special District.
    Repealed by Ord. 02-10)