Article 1. City Seal

Sections:
    41-1.1    Adoption and description.
    41-1.2    Unauthorized use of seal--Penalty.

Sec. 41-1.1     Adoption and description.
(a)    The existing seal of the City and County of Honolulu, the impress, which is on file with the city clerk's office, and description which is shown below, is adopted as the new seal of the City and County of Honolulu, State of Hawaii with the following modification:

        The term "Territory of Hawaii" appearing in the existing seal of the city is deleted and the term "State of Hawaii" inserted in lieu thereof.

(b)    The impress of the city's seal, which was included as a part of Ordinance No. 1730 but inadvertently omitted in the 1961 codification of ordinances, shall be reenacted herein in order to provide specific information for the benefit of the general public. The seal of the City and County of Honolulu shall be circular in shape, three inches in diameter, and of the design being described, with the tinctures added as a basis for the coat of arms as follows:

    Arms.     A heraldic shield quartered; first and fourth quarters bearing the stripes and colors of the Hawaiian flag; second and third quarters, on a yellow field, a white ball pierced on a staff; overall, a green escutcheon surcharge, with a five pointed yellow star in the center.

    Supporters.    Nuuanu Pali on the dexter side and Diamond Head on the sinister side; overall green color.

    Crest.    A rising sun irradiated in gold, surrounded by a legend "City and County of Honolulu-State of Hawaii."

(c)    A line drawing version of the above-described city seal shall be on file with the city clerk's office.
(Sec. 1-7.1, R.O. 1978 (1983 Ed.))

Sec. 41-1.2     Unauthorized use of seal--Penalty.
(a)    (1)    Whoever knowingly displays any facsimile of the seal of the City and County of Honolulu in, or in connection with, any advertisement, poster or circular, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the City and County of Honolulu or by any department, agency or instrumentality thereof, shall be guilty of a misdemeanor.
    (2)    Subdivision (1) shall not be construed to apply to the use of a facsimile of the seal in any newspaper, periodical, book, pamphlet or stationery where the facsimile of the seal is printed for informational purposes only to indicate that any article or printed matter therein originated from authorized sources of the City and County of Honolulu.
(b)    (1)    Whoever, except when authorized in writing by the city council for official use of the city, knowingly manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any facsimile of the seal of the City and County of Honolulu, or any substantial part thereof, shall be guilty of a misdemeanor.
    (2)    As used in this subsection, the term "sell" shall be broadly construed to include transactions involving cash donations to the seller and/or the seller’s agent or representative.
(c)    As used in this section, the term "facsimile" shall mean the use of the seal as described or impressed or the gold color replica or any combination thereof found in Section 41-1.1 of this article.
(d)    The provisions of this section shall not apply to the noncommercial manufacture or reproduction for display, or the noncommercial display, of a facsimile of the seal of the City and County of Honolulu described in Section 41-1.1, on that certain vessel of the United States Navy known as the USS Honolulu (SSN-718).
(Sec. 1-7.2, R.O. 1978 (1983 Ed.); Am. Ord. 01-54)

    Article 2. Auctions ^{*[ *} Editor's Note: The title of Article 2 was amended
from "Auction Rooms" to "Auctions" by Ordinance No. 95-04.]

Sections:
    41-2.1    Definitions.
    41-2.2    Legislative intent.
    41-2.3    Exceptions.
    41-2.4    Applicability.
    41-2.5    License required.
    41-2.6    Fee.
    41-2.7    Authority to conduct auctions.
    41-2.8    Adverse interest in auctioneer prohibited.
    41-2.9    Restriction on property to be sold.
    41-2.10    Inventory and affidavit of ownership required.
    41-2.11    Receipts to purchasers required.
    41-2.12    Violation--Penalty.

Sec. 41-2.1    Definitions.
    "Auction" means a sale, offering for sale, or exposing for sale to the highest bidder of any goods, wares, merchandise or other property in an auction room.
    "Auctioneer" means any person who is licensed by the director pursuant to HRS Chapter 445 and this article, as amended, to sell goods, wares, merchandise or other property at auction.
    "Director" means the director of finance of the city or the director's duly authorized subordinates.
    "Public auction room" means the same as defined in HRS Section 445-22.
(Sec. 13-1.1, R.O. 1978 (1983 Ed.); Am. Ord. 95-04)

Sec. 41-2.2    Legislative intent.
    It is declared to be the legislative intent of the council to limit the use of public auctions to the sale of goods, wares, merchandise or other property which cannot be disposed of through the usual channels of trade, and to prohibit the use of public auctions for disposal of other goods, wares, merchandise or property to the public as an established merchandising practice. (Sec. 13-1.2, R.O. 1978 (1983 Ed.); Am. Ord. 95-04)

Sec. 41-2.3    Exceptions.
    Nothing contained in this article shall be construed to apply to any type of auction excepted from the requirements of HRS Section 445-22. (Sec. 13-1.3, R.O. 1978 (1983 Ed.); Ree. Ord. 95-04)

Sec. 41-2.4    Applicability.
    Any auctioneer who is otherwise licensed shall comply with the provisions of HRS Chapter 445 and this article as a condition of the auctioneer's license. (Added by Ord. 95-04)

Sec. 41-2.5    License required.
    It shall be unlawful for any person to sell, offer for sale, or expose for sale at public auction, any personal property without obtaining a license issued by the director in accordance with the terms, conditions and penalties enumerated in HRS Chapter 445 and this article. (Added by Ord. 95-04)

Sec. 41-2.6    Fee.
    The annual fee for a license to sell, offer for sale, or expose for sale any property at auction, shall be $100.00, payable to the director. (Added by Ord. 95-04)

Sec. 41-2.7    Authority to conduct auctions.
    It is unlawful for any person, other than the auctioneer who has obtained a license, to conduct an auction; provided, that the auctioneer may appoint an agent or assistant who may conduct the auction in the auctioneer's presence. Where the licensee is a corporation, it shall appoint and designate a natural person to be its "auctioneer," within the meaning of this article. (Sec. 13-1.4, R.O. 1978 (1983 Ed.); Am. Ord. 95- 04)

Sec. 41-2.8    Adverse interest in auctioneer prohibited.
    Every auctioneer conducting an auction shall, in accepting a bid from any person, become the agent of such bidder and remain so until a higher bid is accepted, or until the transaction involving the bid is completed. It is unlawful for the auctioneer to auction, or offer for auction, any goods, wares or other property in which the auctioneer has a proprietary interest adverse to that of the bidder. (Sec. 13-1.5, R.O. 1978 (1983 Ed.); Am. Ord. 95-04)

Sec. 41-2.9    Restriction on property to be sold.
    It is unlawful for any person to sell, offer for sale, or expose for sale in a public auction, any goods, wares, merchandise or other property which were acquired for the purpose of resale by the owner thereof, unless the owner:
(a)    Has been continuously engaged in the business of selling such property through the channels of trade within the city, other than by auction for a period of not less than one year immediately preceding the commencement of the auction; and
(b)    Has had the property in the owner's possession for a period of not less than six months.
(Sec. 13-1.6, R.O. 1978 (1983 Ed.); Am. Ord. 95-04)

Sec. 41-2.10    Inventory and affidavit of ownership required.
(a)    Every auctioneer conducting an auction shall, prior to such sale, mark or tag each article to be offered at such sale with a distinctive number, and shall file with the chief of police an inventory, listing each article and its number. The property of each owner shall be listed separately. The inventory shall contain a sworn statement specifying the ownership of the property to be sold, and an affidavit signed and sworn to by the auctioneer that the auctioneer has no proprietary interest of any nature or degree in the articles listed for sale. A copy of such inventory and statement shall be kept on the premises of the auction room, available for inspection by any person. It is unlawful for any auctioneer to falsify or fail to file such inventory and statement.
(b)    It is unlawful to sell, offer for sale, or expose for sale at public auction, any property which has not been listed in the inventory required under the preceding paragraph, or any article or property which does not bear a number sufficient to identify it as a part of such inventory.
(Sec. 13-1.7, R.O. 1978 (1983 Ed.); Am. Ord. 95-04)

Sec. 41-2.11    Receipts to purchasers required.
    The auctioneer shall give each purchaser at an auction a receipt with each purchase setting forth:
(a)    The name and permanent address of the auctioneer;
(b)    The date;
(c)    The price paid for the article;
(d)    The amount of tax paid;
(e)    A description of the article, and if a watch, the make and number of jewels.
(Sec. 13-1.8, R.O. 1978 (1983 Ed.); Am. Ord. 95-04)

Sec. 41-2.12    Violation--Penalty.
    Any person violating any provision of this article shall, upon conviction, be punished by a fine not exceeding $500.00, and such person's license to conduct a public auction shall be subject to suspension or forfeiture. (Sec. 13-1.9, R.O. 1978 (1983 Ed.); Am. Ord. 95-04)

    (Article 3. Dancing Schools. Repealed by Ord. 97-52)

    Article 3. Reserved


    Article 4. Hotels

Sections:
    41-4.1    Register requirements.
    (41-4.2    Registration required. Repealed by Ord. 01-09.)
    41-4.2    Reserved.
    (41-4.3    Violation--Penalty. Repealed by Ord. 01-09.)
    41-4.3    Reserved.

Sec. 41-4.1     Register requirements.
(a)    Every owner, keeper or proprietor of any hotel shall keep a register in accordance with HRS Chapter 486K.
(b)    The owner, keeper or proprietor shall at all times make the register available for inspection by the chief of police upon the chief's request.
(c)    A violation of subsection (a) shall be subject to punishment in accordance with state law. A violation of subsection (b) shall be subject to a fine of $200, imprisonment for up to 30 days, or both such fine and imprisonment.
(Sec. 13-11.1, R.O. 1978 (1983 Ed.); Am. Ord. 01-09)

(Sec. 41-4.2     Registration required. Repealed by Ord. 01-09.)

Sec. 41-4.2    Reserved.

(Sec. 41-4.3     Violation--Penalty. Repealed by Ord. 01-09.)

Sec. 41-4.3    Reserved.

    Article 5. Noises in Vicinity of Hospitals

Sections:
    41-5.1    Unlawful to make loud noises.
    41-5.2    Violation--Penalty.

Sec. 41-5.1     Unlawful to make loud noises.
(a)     It is unlawful to discharge firearms or explosives or to make any loud noises within 500 feet from the nearest point of any main hospital building with a capacity for treating not less than 36 patients.
(b)     It is unlawful to conduct, operate, maintain or carry on within 500 feet from any such main hospital building any noisy or noisome workshop, factory, trade, manufacture, industry or business; provided, that this provision shall not apply to any such workshop, factory, trade, manufacture, industry or business in existence at the time of the erection of such hospital building or of an extension to a hospital building.
(c)     It is unlawful for any person, in passing any hospital building of the character and capacity described, to drive or operate any vehicle in such manner as to make or create any unnecessary noise.
(Sec. 13-12.1, R.O. 1978 (1983 Ed.))

Sec. 41-5.2     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 60 days, or by both. (Sec. 13-12.2, R.O. 1978 (1983 Ed.))

    Article 6. Shooting Galleries

Sections:
    41-6.1    Definitions.
    41-6.2    Permit required--Fee.
    41-6.3    Application for permit.
    41-6.4    Qualifications of applicant.
    41-6.5    Conditions of permit.
    41-6.6    Display of permit.
    41-6.7    Permits--General provisions.
    41-6.8    Violation--Penalty.

Sec. 41-6.1     Definitions.
    "Crime of violence" means any of the following crimes: murder, manslaughter, rape, kidnapping, robbery, burglary, and those certain crimes set forth in HRS Chapters 707 and 711, as amended.
    "Shooting gallery" means and includes any place or premises where facilities or devices for target shooting for practice or amusement with any firearm (as defined in HRS Section 134-1) are provided for the use of any person for a fee, pay or compensation of any kind to be paid, directly or indirectly, by such person. (Sec. 13-15.1, R.O. 1978 (1983 Ed.))

Sec. 41-6.2     Permit required--Fee.
(a)     It is unlawful for any person to establish, keep, conduct or operate any shooting gallery without a permit, or to assist in the operation of such a shooting gallery.
(b)     The fee for each permit shall be $5.00.
(Sec. 13-15.2, R.O. 1978 (1983 Ed.))

Sec. 41-6.3     Application for permit.
(a)     Application for a permit shall be made in writing to the chief of police and shall be signed and verified under oath by the applicant, and accompanied by the permit fee of $5.00.
(b)     The application shall set forth:
    (1)    The full name, age and address of the applicant and of any persons, other than the applicant, who are to be in charge of and responsible for the operation of the shooting gallery or who are to be employed in connection with such operation.
    (2)    The occupation of the applicant.
    (3)    A full and complete description of the place and location of the shooting gallery for which a permit is desired.
    (4)    The full name and address of the owner of the premises or of the person in control of said premises.
    (5)    The term for which the applicant desires a permit, that is, whether for one day, several days, a month or a year; provided, that in no case shall the permit be valid for more than one year.
    (6)    A statement that neither the applicant, nor any agent or employee connected with the shooting gallery has been convicted in this state or elsewhere of having committed or attempted to commit any crime of violence.
    (7)    The number of firearms and shooting lanes proposed to be used.
(Sec. 13-15.3, R.O. 1978 (1983 Ed.))

Sec. 41-6.4     Qualifications of applicant.
(a)     An applicant shall be 20 years of age or over, shall have been a resident of the city continuously for at least one year immediately preceding the date of application and shall not have been convicted in this state or elsewhere of having committed or attempted to commit any crime of violence.
(b)    Every corporation, firm, association or club applying for a permit shall first appoint an agent who shall be given full authority and control of the premises and of all matters relating to the shooting gallery. Such authorization shall be evidenced in writing, duly executed. Such agent shall meet the qualifications set forth in subsection (a) of this section, and shall be personally responsible for compliance with all the terms and provisions of this article.
(c)     No permit shall be issued to any person who has been convicted more than twice of violating any provision of this article.
(Sec. 13-15.4, R.O. 1978 (1983 Ed.))

Sec. 41-6.5     Conditions of permit.
    All permits to operate a shooting gallery shall be subject to all applicable laws and ordinances and to the following conditions which shall be written and placed upon the permit:
(a)     The shooting gallery and its immediate vicinity shall be brightly lighted at all times when it is open for business.
(b)     No shooting gallery shall be operated on any week day between the hours of two a.m. and eight a.m. nor on Sundays between the hours of two a.m. and 12:00 noon.
(c)     No person who is known to have been convicted in this state or elsewhere, of having committed or attempted to commit any crime of violence, shall be permitted to handle any firearm.
(d)     No person under the age of 20 years shall be permitted to handle any firearm at the shooting gallery, except under the supervision of a responsible adult.
(e)     No person under the influence of intoxicating liquor shall be permitted to handle any firearm or to be or remain upon the premises of any shooting gallery and no intoxicating liquor shall be consumed in or around the premises of any shooting gallery.
(f)     It is unlawful to employ in connection with the operation of any shooting gallery any person who is under the age of 20 years or any person who has been convicted in this state or elsewhere of having committed or attempted to commit any crime of violence.
(g)     All firearms used for, in or at the shooting gallery shall be securely chained or otherwise attached to the firing line counter, in such a manner as to prevent their removal by unauthorized persons or being pointed or aimed in any direction other than the direction of the target area.
(h)     No firearm shall be used, kept or discharged within the premises of the shooting gallery, which is larger than a .22 caliber rifle, and no ammunition larger than .22 caliber long rifle rim fire cartridge shall be used.
(i)     The permit holder, or the permit holder's agent who is duly registered with the chief of police, shall be present within the premises of the shooting gallery at all times that it is open for business.
(j)     No person other than the permit holder, or the permit holder's agent, who is duly registered with the chief of police, shall be permitted entry into the range area or the area situated between the firing line and targets, when any firing is in progress.
(k)     The room, place or enclosure wherein firing is to take place shall not be used for any other purpose whatsoever, when any firing is in progress.
(l)     Reasonable precautions, as required or approved by the chief of police, shall be taken to prevent any injury to the public.
(m)     The chief of police and any of the health, fire and law enforcement officers or authorities of the city, the State of Hawaii, or of the United States, may at any time enter the premises of a shooting gallery for the purpose of inspecting the same and the conditions therein.
(Sec. 13-15.5, R.O. 1978 (1983 Ed.))

Sec. 41-6.6     Display of permit.
    Any permit issued hereunder shall be displayed in a conspicuous place upon the premises for which said permit had been issued. (Sec. 13-15.6, R.O. 1978 (1983 Ed.))

Sec. 41-6.7     Permits--General provisions.
(a)     In the event that a permit holder discontinues the operation of a shooting gallery, notice of such discontinuance shall forthwith be given in writing to the chief of police and the permit surrendered to the chief of police.
(b)     No permit shall be transferable.
(c)     Nothing contained in this article shall be construed to lessen or abrogate any requirements prescribed by any other ordinance or statute.
(Sec. 13-15.7, R.O. 1978 (1983 Ed.))

Sec. 41-6.8     Violation--Penalty.
(a)     Any person who falsely swears to any application for a permit under this article, or who knowingly violates or assists in the violation of any of the conditions prescribed in said permit, or who violates any of the provisions of this article, shall upon conviction be punished by a fine not exceeding $1,000.00 or by imprisonment for a term not exceeding one year, or by both.
(b)     In addition thereto, upon the conviction hereunder of any owner or operator of any shooting gallery or of any agent or employee thereof, the court may suspend or cancel the permit for the shooting gallery and may prescribe any period not more than one year during which the holder of such permit shall be prohibited from applying for a new permit hereunder. The penalties herein prescribed shall not be construed in any way to prevent the closing of any shooting gallery as a public nuisance. (Sec. 13-15.8, R.O. 1978 (1983 Ed.))

    Article 7. Operation of Certain Amusement Facilities

Sections:
    41-7.1    Skating rink--Certain hours of operation prohibited--Penalty.

Sec. 41-7.1     Skating rink--Certain hours of operation prohibited--Penalty.
(a)     No skating rink shall do business or be operated on any day between the hours of 12:00 midnight and eight a.m.
(b)     Any person violating this section shall upon conviction be punished by a fine not exceeding $1,000.00.
(Sec. 13-18.1, R.O. 1978 (1983 Ed.))

    Article 8. Air Guns

Sections:
    41-8.1    Definitions.
    41-8.2    Restrictions on sale, rental, gift or other transfer.
    41-8.3    Restrictions on use.
    41-8.4    Exception s .
    41-8.5    Seizure, forfeiture and disposal.
    41-8.6    Violation--Penalty.

Sec. 41-8.1     Definitions.
    "Air gun" means any gun, rifle or pistol, by whatever name known, which is designed to expel a pellet or BB shot by the action of compressed air or gas, or by the action of a spring or elastic but does not include any firearm.
    "Dealer" means any person engaged in the business of selling or renting air guns. (Sec. 13-19.1, R.O. 1978 (1983 Ed.))

Sec. 41-8.2     Restrictions on sale, rental, gift or other transfer.
(a)     It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air gun to any person under the age of 18 years where the dealer knows or has reasonable cause to believe the person to be under 18 years of age or where the dealer has failed to make reasonable inquiry relative to the age of such person and such person is under 18 years of age.
(b)     It is unlawful for any person to sell, lend, rent, give or otherwise transfer any air gun to any person under 18 years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under 18 years of age.
(Sec. 13-19.2, R.O. 1978 (1983 Ed.))

Sec. 41-8.3     Restrictions on use.
(a)     It is unlawful for any person to carry or display an air gun on any street, alley, public road or on any public land, unless the air gun is unloaded and in a suitable case or securely wrapped.
(b)     It is unlawful for any person to discharge any air gun from or across any street, sidewalk, alley or public land, or any public place except on a properly constructed target range.
(c)    It is unlawful for any person to discharge any air gun on any private parcel of land or residence in such a manner that the pellet or BB shot may reasonably be expected to traverse any ground or space outside the limits of such parcel of land or residence or in such a manner that persons or property may be endangered; provided, that nothing in this article shall be deemed to prevent any person who has obtained a hunting license pursuant to HRS Chapter 183D from engaging in hunting in accordance with law.
(d)     It is unlawful for any person to discharge any air gun in such a manner or under such circumstances that persons or property may be endangered.
(Sec. 13-19.3, R.O. 1978 (1983 Ed.); Am. Ord. 96-58, 03-23)

Sec. 41-8.4     Exception s .
    Notwithstanding any provision of this article to the contrary, it shall be lawful for any person to possess an air gun if it is:
(a)    Kept within such person's domicile.
(b)    Used by a person under 18 years of age, who is a duly enrolled member of any club, team or society organized for education or training purposes and maintaining as a part of its facilities or having written permission to use an indoor or outdoor target range, when the air gun is used at such target range under the supervision, guidance and instruction of a responsible adult.
(c)    Used by a person 18 years of age or older at a properly constructed target range.
(d)    Used in or on any private parcel of land or residence under circumstances in which the air gun can be fired, discharged or operated in such a manner as not to endanger persons or property and in such manner as to prevent the pellet or BB shot from traversing any grounds or space outside the limits of such parcel of land or residence.
(e)    Used in hunting or going to or from the place of hunting in accordance with law by a person who has obtained a hunting license pursuant to HRS Chapter 183D or who, if such person is under 18 years of age, has obtained such a hunting license and is accompanied by an adult who has obtained such hunting license.
(f)    Used by a person involved in a living history presentation or other activity for historical interpretation or educational purposes, or by a person participating in a parade if such activity or parade participant is associated with an established historical organization, museum, military preservation organization, or other group with a mission to educate the public at various events through the use of historical artifacts, clothing, vehicles, aircraft, maritime vessels, and firearms or replicas thereof.
(Sec. 13-19.4, R.O. 1978 (1983 Ed.); Am. Ord. 96-58, 03-23, 03-35)

Sec. 41-8.5     Seizure, forfeiture and disposal.
    Any police officer who arrests any person for possessing, using, lending, renting, giving or transferring an air gun in violation of any provisions of this article shall take custody of such air gun. Upon conviction of such person the air gun so seized shall be forfeited to the city. Any air gun so forfeited shall remain in the custody of the police department for one year and thereafter destroyed; provided, that such air gun shall be retained for subsequent proceedings, both civil or criminal, and until any such action is concluded, if any person desiring the use of such forfeited air gun as evidence files with the chief of police a written notice of an intention to so use the air gun before the destruction date herein provided. (Sec. 13-19.5, R.O. 1978 (1983 Ed.))

Sec. 41-8.6     Violation--Penalty.
    Any person violating any provision of this article shall, upon conviction, be punished by a fine not exceeding $500.00 or imprisonment for a period not exceeding one year, or both. (Sec. 13-19.6, R.O. 1978 (1983 Ed.))

    Article 9. Palmistry
Sections:
    41-9.1    Definition.
    41-9.2    Permit required.
    41-9.3    Application for permit.
    41-9.4    Issuance of permit.
    41-9.5    Conditions of permit.
    41-9.6    Restriction on location.
    41-9.7    Suspension or revocation of permit.
    41-9.8    Violation--Penalty.

Sec. 41-9.1     Definition.
    "Palmistry" means the judging of a person's character and aptitude by the study, reading and interpretation of the lines and marks of the palm of the hand; provided, however, it shall not mean or include the telling of fortunes. (Sec. 13-27.1, R.O. 1978 (1983 Ed.))

Sec. 41-9.2     Permit required.
    It is unlawful for any person to practice palmistry without obtaining a permit from the chief of police. (Sec. 13-27.2, R.O. 1978 (1983 Ed.))

Sec. 41-9.3     Application for permit.
    Any person desiring to practice palmistry shall make application for a permit therefor in writing to the chief of police, signed and verified under oath, which application shall include:
(a)     The full name, address and occupation of the applicant;
(b)     The place and location where the practice of palmistry is to be conducted;
(c)     The full name and address of the owner of such place or of the person or persons in control of such premises and of all persons employed on such premises;
(d)     The term for which the applicant desires a permit, which may be for any length of time but not in excess of one year; and
(e)     A statement that the applicant has not been convicted of any felony, or of any offense involving moral turpitude; provided, however, that the chief of police may in the chief of police's discretion, require further proof of good moral character through the filing of character references.
(Sec. 13-27.3, R.O. 1978 (1983 Ed.))

Sec. 41-9.4     Issuance of permit.
(a)     No permit shall be issued to any applicant who has been convicted of a felony or of any offense involving moral turpitude.
(b)     An application shall be accompanied with a fee of $25.00 to cover costs incident to filing, issuance of permits and inspection.
(c)     An application shall also be accompanied with security in the amount of $1,000.00 guaranteeing compliance with the conditions of the permit and which shall be subject to forfeiture in the event any of the conditions are violated.
(d)     Prior to issuance of any permit, the applicant shall have the applicant's fingerprint and photograph taken for purposes of identification.
(e)     After an application complying with the requirements of this section has been filed, the chief of police shall issue a permit to the applicant, but the term thereof shall not exceed one year.
(Sec. 13-27.4, R.O. 1978 (1983 Ed.))

Sec. 41-9.5     Conditions of permit.
    All permits shall be subject to all applicable laws and ordinances, and to the following conditions:
(a)     The establishment or place of business where the practice of palmistry is being conducted shall be brightly lighted during all hours of operation.
(b)     No person under the influence of intoxicating liquor shall be permitted to be or to remain in said place of business where the practice of palmistry is being conducted and the possession of intoxicating liquor shall not be permitted in or around the premises.
(c)     No person under the age of 18 years shall be employed or permitted in such place of business.
(d)     Clean, sanitary and well-lighted restrooms must be provided and maintained on the premises.
(e)     No private rooms or booths other than necessary restrooms shall be permitted, unless they relate to the practice of palmistry.
(f)     The practice of palmistry shall be prohibited:
    (1)    Between the hours of one a.m. and eight a.m., Mondays through Fridays;
    (2)    Between the hours of two a.m. and eight a.m. on Saturdays and legal holidays; and
    (3)    Between the hours of two a.m. and one p.m. on Sundays.
(g)     The permit shall be posted in a conspicuous location upon the premises.
(h)     The chief of police or any of the chief of police's subordinates or any health, fire or law enforcement officer of the city, the State of Hawaii or of the United States, may at any time enter the premises for the purpose of inspecting the same.
(Sec. 13-27.5, R.O. 1978 (1983 Ed.))

Sec. 41-9.6     Restriction on location.
    The practice of palmistry shall be allowed only in business districts. (Sec. 13-27.6, R.O. 1978 (1983 Ed.))

Sec. 41-9.7     Suspension or revocation of permit.
    The chief of police may summarily suspend or revoke any permit issued hereunder, if the chief of police deems it necessary for the preservation and protection of public safety or morals. (Sec. 13-27.7, R.O. 1978 (1983 Ed.))

Sec. 41-9.8     Violation--Penalty.
    Any person who falsely swears to any application for a permit hereunder or who knowingly violates or assists in the violation of any of the conditions prescribed in a permit or who violates any provision of this article shall, upon conviction, be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding one year or by both. (Sec. 13-27.8, R.O. 1978 (1983 Ed.))

    Article 10. Disposal of Weeds, Garbage, Trash and Waste from Property

Sections:
    41-10.1    Declaration of legislative intent.
    41-10.2    Definitions.
    41-10.3    Regulations for premises.
    41-10.4    Clearing of weeds, garbage, trash and waste from property.
    41-10.5    Administrative enforcement.

Sec. 41-10.1     Declaration of legislative intent.
    The following is the declaration of legislative intent of the council:
(a)    The provisions which are set forth hereinafter are authorized pursuant to the provisions of HRS Section 46-1.5.
(b)    Any weeds, garbage, trash or waste which are more specifically defined hereinafter are declared to be public nuisances to the health, safety and welfare of the residents of the city and, therefore, cutting and removal thereof shall be accomplished pursuant to the provisions set forth hereinafter.
(c)    The provisions set forth hereinafter are intended to remove and control such weeds, garbage, trash and waste and to provide the necessary power and authority to an administrative agency of the city to effectuate said purpose.
(Sec. 13-29.1, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)

Sec. 41-10.3     Regulations for premises.
    The owner of vacant property shall at all times maintain the premises free of weeds, garbage, trash and waste. (Sec. 13-29.3, R.O. 1978 (1983 Ed.))

Sec. 41-10.4     Clearing of weeds, garbage, trash and waste from property.
(a)     Notice to Remove. The building superintendent is authorized and empowered to notify the owner of property within the city to properly cut and remove weeds, garbage, trash and waste located on such owner's property. Such notice shall be by certified mail, addressed to said owner at the owner's last known address. A copy of said notice shall be posted on the property.
(b)     Period During Which Owner Shall Commence Cutting and Removing Weeds, Garbage, Trash or Waste. The owner of such property shall be given 30 calendar days within which to commence the cutting and removal of said weeds, garbage, trash or waste as described in the notice.
(c)     Form of Notice. The notice shall describe the work to be done and shall state that if the work is not commenced within 30 calendar days after notice is given and diligently prosecuted to completion without interruption, the building superintendent shall cut and remove the weeds, garbage, trash or waste and the cost thereof shall be a lien on the property.
(d)     Building Superintendent to Keep Record. The building superintendent shall cause to be kept in the building superintendent's office a permanent record containing:
    (1)    A description of each parcel of property for which notice to cut and remove weeds, garbage, trash and waste has been given;
    (2)    The name of the owner, if known;
    (3)    The date on which such notice was mailed and posted;
    (4)    The charges incurred by the city in cutting and removing the weeds, garbage, trash or waste and all incidental expenses in connection therewith; and
    (5)    A brief summary of the work performed.
        Each such entry shall be made as soon as practicable after completion of such act.
(e)     Action upon Noncompliance. Upon the failure, neglect or refusal of any owner so notified to commence cutting and removing the weeds, garbage, trash or waste within 30 days after notice has been given as hereinbefore provided, or within 30 days after the date of mailing such notice in the event the post office department is unable to make delivery thereof; provided, that same was properly addressed to the last known address, of such owner, the building superintendent is authorized and empowered to pay for cutting and removing such weeds, garbage, trash or waste out of city funds or to order its disposal by city employees. The building superintendent and the building superintendent's authorized representatives, including any contractor with whom the building superintendent contracts hereunder, and assistants, employees, or agents of such contractor, are authorized to enter upon said property for the purposes of cutting and removing the weeds, garbage, trash or waste described in the notice. Before the building superintendent or the building superintendent's authorized representative or contractor arrives, any property owner may cut and remove the weeds, garbage, trash or waste at the property owner's own expense.
(f)     Charge to Owner. When the city has cut and removed such weeds, garbage, trash or waste or has paid for their removal, the cost thereof, including overhead costs, plus accrued interest at the rate of seven percent per annum shall be charged to the owner of such property and the owner shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien. Interest at the rate of seven percent per annum shall accrue from the 31st calendar day after the bill has been mailed to the owner for payment in the event the same has not been paid prior thereto.
(g)     Statement of Building Superintendent. 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 building superintendent shall cause to be recorded with the city director of finance 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 finance who shall refer the collection thereof to the corporation counsel.
(h)     Mechanic's and Materialman's Lien Procedure. Any work done by the city hereunder is deemed to be done pursuant to 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 building superintendent, 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.
(Sec. 13-29.4, R.O. 1978 (1983 Ed.))

Sec. 41-10.5    Administrative enforcement.
    In lieu of or in addition to enforcement pursuant to Section 41-10.4(e), if the building official determines that any person, firm or corporation is not complying with the notice, the building official may have the party responsible served, by mail or delivery, with an order pursuant to this section.
(a)    Contents of Order.
    (1)    The order may require the party responsible for the violation to do any or all of the following:
        (A)    Correct the violation within the time specified in the order;
        (B)    Pay a civil fine not to exceed $1,000.00 in the manner, at the place and before the date specified in the order, after an opportunity for a hearing before the building board of appeals as provided for in subsection (b) of this section;
        (C)    Pay a civil fine not to exceed $1,000.00 per day for each day in which the violation persists, in the manner and at the time and place specified in the order, after an opportunity for a hearing before the building board of appeals as provided for in subsection (b) of this section;
    (2)    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 that the building official's action may be appealed to the building board of appeals.
(b)    Effect of Order--Right to Appeal. The provisions of the order issued by the building official under this section 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 as provided in Section 16-1.1, ROH 1990. The appeal must be received in writing on or before the date the order becomes final.
(c)    Judicial Enforcement of Order. The building official 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 building official need only show that the notices 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.
(Added by Ord. 90-92)

    Article 11. Control of and Evacuation from Disaster Areas During
                   Potential Disasters

Sections:
    41-11.1    Legislative findings.
    41-11.2    Definitions.
    41-11.3    Prohibitions.
    41-11.4    Declaration by mayor.
    41-11.5    Violation--Penalty.

Sec. 41-11.1     Legislative findings.
    The council finds that:
(a)     Because of the possibility of disaster of great destructiveness resulting from flood, tidal waves, storm waves, fire or other natural causes or from enemy attack, sabotage or other hostile enemy action; and (b)In order to ensure the orderly evacuation of persons and property; and
(c)     To protect the public peace, health, safety and welfare; and
(d)     To preserve the lives and property of the people of the City and County of Honolulu;
it is in the public interest to make unlawful certain activities as provided herein.
(Sec. 13-30.1, R.O. 1978 (1983 Ed.))

Sec. 41-11.2     Definitions.
    The meaning of terms used in this article shall be as follows:
    "Authorized personnel" means any:
    (1)    City or state employee assigned to disaster duty during an impending disaster or disasters;
    (2)    National Guard members;
    (3)    United States Armed Forces personnel; and
    (4)    Civil Defense Agency personnel or volunteers.
    "Disaster" means any situation, usually catastrophic in nature, where numbers of persons are plunged into helplessness and suffering and, as a result, may be in need of food, clothing, shelter, medical care or other necessities of life, and the governor of the state or mayor of the City and County of Honolulu has declared a state of disaster or emergency.
    "Disaster area" means the area in which a disaster occurs.
    "Highway" means any primary or secondary road, street, alley, pedestrian walkway and trail.
    "Impending disaster" means any situation where a catastrophe threatens an inhabited area and the Civil Defense Agency has issued a warning that the inhabitants thereof should evacuate the threatened area.
    "Impending disaster area" means the area which is threatened by a catastrophe such as a flood, tidal waves, storm waves, fire or other natural causes or from enemy attack, sabotage or other hostile enemy action. (Sec. 13-30.2, R.O. 1978 (1983 Ed.))

Sec. 41-11.3     Prohibitions.
(a)     No person shall commit the following acts during an impending disaster or disasters:
    (1)    Loiter, loaf or idle upon any public or private highway, place, sidewalk or beach, on foot or on any vehicle, in or close to an impending disaster or disaster area.
    (2)    Disobey any direction or command of any authorized person directing traffic.
    (3)    Refuse or fail to evacuate any area, public or private, upon order of any authorized person, which action impedes or tends to impede the effectiveness and orderly handling of the evacuation of persons from an impending disaster area.
    (4)    Refuse or fail to leave any area public or private upon order of any authorized person, which action impedes or tends to impede the effective and orderly handling of the disaster; provided, however, nothing herein shall be construed to prevent any authorized person from lawfully preserving, protecting or salvaging any property, real or personal, or to prevent any other authorized person from performing any other lawful duty within a disaster area after the danger to life and property from natural causes or enemy action has passed.
(b)     For the purposes of this section, the administrator of the Oahu Civil Defense Agency shall determine when the danger to life and property has subsided.
(Sec. 13-30.3, R.O. 1978 (1983 Ed.))

Sec. 41-11.4     Declaration by mayor.
    The power to declare a state of disaster or emergency is conferred on the mayor of the City and County of Honolulu. (Sec. 13-30.4, R.O. 1978 (1983 Ed.))

Sec. 41-11.5     Violation--Penalty.
    Any person violating the provisions of this article shall be subject to a fine not to exceed $500.00 or imprisonment in the city and county jail for a term not to exceed 30 days, or both. (Sec. 13-30.5, R.O. 1978 (1983 Ed.))

    Article 12. Bicycles
Sections:
    41-12.1    Definitions.
    41-12.2    Retail bicycle dealers--Records required.
    41-12.3    Proof of ownership.
    41-12.4    Certificates of registration.
    41-12.5    Transfer of registration.
    41-12.6    Evidence of ownership.
    41-12.7    Serial numbers--Defacing prohibited.
    41-12.8    Applicability.
    41-12.9    Violation--Penalty.

Sec. 41-12.1     Definitions.
    As used in this article, unless the context clearly requires otherwise:
    "Child" means a minor under the age of 18 years.
    "Director" means the director of finance and includes the director of finance's authorized deputies and subordinates.
    "New bicycle" means a new bicycle or a bicycle previously unregistered under this article which is sold by a retail dealer.
    "Parent" means either one of the parents of the child, or any legal guardian.
    "Retail dealer" means any person who sells bicycles in the regular course of business primarily for the use and enjoyment of the purchaser and not for resale.
    "Transferee" means the person to whom and in whose name a bicycle will be transferred including retail dealers or in the case of a child, the child's parent. (Sec. 13-31.1, R.O. 1978 (1983 Ed.))

Sec. 41-12.2     Retail bicycle dealers--Records required.
    All retail dealers shall keep a record for four years after the sale of a new bicycle of the name of the purchaser, and the serial number, description and make of the bicycle sold to the purchaser. This record may be inspected by the chief of police or the chief of police's representative during reasonable business hours. (Sec. 13-31.2, R.O. 1978 (1983 Ed.))

Sec. 41-12.3     Proof of ownership.
    Upon initial registration of a new bicycle with the city by an owner within five days of the purchase thereof and as required by HRS Section 249-14, the director shall require the owner to furnish proof of ownership in the form or nature of a bill of sale executed by a retail dealer, in the name of the purchaser. The bill of sale shall include the name and address of the retail dealer, a written statement executed by the purchaser that the purchaser has examined the bicycle to verify the correct serial number and description as written in the bill of sale. If the purchaser is a child, the bill of sale shall be issued in the name of the parent. The director may verify the bill of sale presented at the registration of bicycle from the records of the retail dealer. (Sec. 13-31.3, R.O. 1978 (1983 Ed.))

Sec. 41-12.4     Certificates of registration.
(a)     Upon the presentation of satisfactory evidence of proof of ownership as required by Section 41-12.3, the director shall assign to such bicycle a number plate and issue to the owner whose name appears on the bill of sale, a certificate of registration. In the event of loss, mutilation or destruction of any certificates of registration, the owner of the registered bicycle shall file such statement of facts and provide such other information as the director shall require and unless the director shall otherwise direct, a duplicate certificate of registration shall be issued.
(b)     The certificate of registration shall contain upon the face thereof, the date of issue, the number plate assigned to the bicycle, the name and address of the owner, the serial number, description, make of the bicycle and such other information as may be deemed necessary by the director. The reverse side of the certificate of registration shall contain a form for notice to the director of a transfer of registration by the owner.
(Sec. 13-31.4, R.O. 1978 (1983 Ed.))

Sec. 41-12.5     Transfer of registration.
(a)     Upon a transfer of the registration of a bicycle registered under this article, the person named on the face of the registration and the transferee shall endorse the certificate of registration to the intended transferee, or the transferee's parent if such transferee is a child.
(b)     Within 20 days thereafter, the transferee shall forward the certificate of registration so endorsed to the director. Upon receipt of the certificate properly endorsed, the director shall examine and determine the genuineness and regularity of the transfer of registration of the bicycle, and the director shall prevent the transfer of registration of a bicycle by any person not entitled thereto. Upon being satisfied as to the regularity of the application for transfer of registration the director shall reregister the bicycle in the name of the transferee and shall issue to the transferee a new certificate of registration. No bicycle registration under the provisions of this article shall be transferred except as provided in this section.
(Sec. 13-31.5, R.O. 1978 (1983 Ed.))

Sec. 41-12.6     Evidence of ownership.
    Under no circumstances shall any certificate of registration issued under this part be deemed to be a guaranty as to the validity of the title to the bicycle by the director, nor shall the certificate of registration be used as collateral for a loan or the recordation of liens. (Sec. 13-31.6, R.O. 1978 (1983 Ed.))

Sec. 41-12.7     Serial numbers--Defacing prohibited.
(a)     No person shall wilfully deface, destroy or alter the serial number, a component part number, or any other identification mark of any bicycle so placed or stamped on a bicycle by the manufacturer for the purpose of identifying the bicycle or its component parts.
(b)     This section does not prohibit the restoration by an owner of an original mark or number, when the restoration is authorized in writing by the director.
(Sec. 13-31.7, R.O. 1978 (1983 Ed.))

Sec. 41-12.8     Applicability.
    The provisions of this article shall not apply to any new bicycle sold prior to the effective date of this article. (Sec. 13-31.8, R.O. 1978 (1983 Ed.))

Sec. 41-12.9     Violation--Penalty.
    Any person violating the provisions of Sections 41-12.2 and 41-12.7 shall be fined not more than $500.00. (Sec. 13-31.9, R.O. 1978 (1983 Ed.); Am. Ord. 95-20)

    Article 13. Protective Regulations for Exceptional Trees

Sections:
    41-13.1     Declaration of legislative intent.
    41-13.2     Definition.
    41-13.3     Arborist advisory committee.
    41-13.4     Powers and duties.
    41-13.5     Procedures.
    41-13.6     Enforcing authority.
    41-13.7     Register of exceptional trees.
    41-13.8     Regulations.
    41-13.9     Emergency situation.
    41-13.10    Violation--Penalty--Injunctive enforcement.
    41-13.11    Severability.
    41-13.12    Appeals.

Sec. 41-13.1     Declaration of legislative intent.
(a)    The council of the City and County of Honolulu desires to provide for better environmental control in order to improve the quality of life of its citizens by enacting protective regulations to safeguard exceptional trees within the City and County of Honolulu. The council finds that not only are trees of value for their beauty, but that they perform an important ecological function in that they prevent soil erosion, purify the air, as well as retard flooding. The council also finds that inasmuch as trees contribute to the beauty of the island, they are an important element in achieving the objectives of the new general plan "to protect and preserve the natural environment of Oahu" and "to maintain the viability of Oahu's resort industry."
(b)    While the council recognizes the limitations inherent in the enforcement of this article on federal and state property, exceptional trees located on such property are included herein, as a statement of this council's firm resolve to protect those unique assets to our environment, wherever they might be located on Oahu. Further, it is hoped that this statement of resolve will encourage these federal and state officials entrusted with the care of designated exceptional trees, to take appropriate steps for their protection.
(c)    In the belief that protective regulations to safeguard exceptional trees will promote the health, safety and general welfare of the citizens of the City and County of Honolulu, the city council enacts this article as a means of preserving the environmental character of the city and county within the provisions of Act 105, Session Laws of Hawaii, 1975. The terms of this article shall be liberally construed to effectuate the purpose stated herein.
(Sec. 13-36.1, R.O. 1978 (1983 Ed.))

Sec. 41-13.2     Definition.
    "Exceptional trees," for the purposes of this article, means a tree or grove of trees with historic or cultural value, or which by reason of its age, rarity, location, size, esthetic quality or endemic status has been designated by the city council as worthy of preservation. (Sec. 13-36.2, R.O. 1978 (1983 Ed.))

Sec. 41-13.3     Arborist advisory committee.
    There shall be an arborist advisory committee consisting of nine members who shall be appointed by the mayor. The committee shall include the director of the department of planning and permitting, or the director=s designee. At least one member shall be actively employed in the practice of landscape architecture, at least one member shall be actively employed as a certified arborist, and six other members shall be selected on the basis of their active participation in programs of community beautification, or research or organization in the ecological sciences, including ethnobotany or Hawaiiana. The committee shall be attached to the department of parks and recreation for administrative purposes and the director shall cause employees of the director's office to furnish technical, administrative or clerical services as may be needed by the committee. (Sec. 13-36.3, R.O. 1978 (1983 Ed.); Am. Ord. 00-54)

Sec. 41-13.4     Powers and duties.
    The arborist advisory committee shall have the following powers and duties:
(a)    To research, prepare and recommend to the city council exceptional trees to be protected by city ordinance or regulation.
(b)    To advise property owners relative to the preservation and enhancement of exceptional trees.
(c)    To recommend to the city council appropriate protective ordinances, regulations and procedures.
(d)    To review all actions deemed by the city council to endanger exceptional trees.
(Sec. 13-36.4, R.O. 1978 (1983 Ed.))

Sec. 41-13.5     Procedures.
(a)    Any citizen or citizen group may petition the arborist advisory committee to examine a particular tree or grove of trees for the purpose of having it recommended to the city council for designation as an exceptional tree.
(b)    The arborist advisory committee, on at least an annual basis, shall reexamine the exceptional trees and in the event such tree is found to be dangerous or diseased beyond repair, the council, upon recommendation from the committee, may remove such tree from the register.
(c)    Upon designation by the council of an exceptional tree, the city clerk shall notify the property owner and/or the occupant of the property by registered mail that such a designation has been made.
(Sec. 13-36.5, R.O. 1978 (1983 Ed.))

Sec. 41-13.6     Enforcing authority.
    The department of parks and recreation shall be charged with the enforcement of this article and shall be clothed with police power to do all acts necessary to ensure that the provisions of this article are not violated including, but not limited to, the issuance of citations for the violation of any provisions of this article. The provisions of this article shall not be superseded by any permit issued by any county agency under any other ordinance. (Sec. 13-36.6, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)

Sec. 41-13.7     Register of exceptional trees.
    The trees listed in this section are designated "exceptional trees" of the City and County of Honolulu.
(a)    The following trees begin with the letters “a” through “b”:
    Acrocarpus fraxinifolius, Pink Cedar Tree (Schofield Barracks, Ulrich Street, west of Building S2107).
    ^*Adansonia digitata, Baobab Tree (Queen's Medical Center, 1301 Punchbowl Street, TMK: 2-1-35:3).
    Adansonia digitata, Baobab Trees (a grove of 11 trees) (Ala Moana Park, TMK: 2-3-37:1).
    Adansonia digitata, Baobab Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    ^*Agathis robusta, Queensland Kauri Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Agathis robusta, Queensland Kauri Tree (Harold L. Lyon Arboretum, 3860 Manoa Road, TMK: 2-9-55:6).
    Agathis robusta, Queensland Kauri Tree (Judiciary Building, Ewa Courtyard, TMK: 2-1-25:3).
    Albizia guachapele, Guachapele Trees (3 trees) (Wheeler Army Airfield, on the median strip of Wright Avenue between Elleman Road and Foote Avenue).
    Albizia niopoides (Schofield Barracks, Sargent Road, between Buildings T-695 and 699A).
    Albizia procera, Albizia (4 trees) (Wheeler Army Airfield, Wright Avenue, two trees north of building at 147 Langley Loop, one tree north of building at 766 Santos Dumont, one tree in front of quarters at 1078 Wright Avenue).
    Araucaria bidwillii, Bunya-bunya Tree (Castle Ranch, 1385 Maunawili Road, TMK: 4-2-09:1).
    Araucaria cunninghamii, Hoop-Pine Tree (Harold L. Lyon Arboretum, 3860 Manoa Road, TMK: 2-9-55:6).
    ^*Araucaria cunninghamii, Hoop-Pine Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Araucaria heterophylla, Norfolk Island Pine Tree (Castle Ranch, 1385 Maunawili Road, TMK: 4-2-09:1).
    Araucaria spp., Norfolk Island Pines (33 trees) (Schofield Barracks, both sides of General Loop).
    Artocarpus altilis, Breadfruit Tree (Castle Ranch, 1385 Maunawili Road, TMK: 4-2-09:1).
    Bertholletia excelsa, Brazil Nut Tree (2616 Pali Highway, TMK: 1-8-08:1).
    Bucida buceras, Geometry Tree (Ala Moana Park, TMK: 2-3-37:1).
    Bucida buceras, Geometry Tree (Schofield Barracks, Sargent Road, north of Building T-695).

(b)    The following trees begin with the letters c through e:
    Calophyllum inophyllum, Kamani Trees (2 trees) (Kualoa Regional Park corner near fishpond, makai of Kamehameha Highway, TMK: 4-9-04:1).
    Calophyllum inophyllum, Kamani Trees (25 trees) (Wheeler Army Airfield, both sides of Haley Avenue between Elleman and Chanute Roads).
    Calophyllum inophyllum, Kamani Tree (52 Robinson Lane, TMK: 1-8-003:002).
    ^*Canarium vulgare, Pili Nut Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Canarium vulgare, Pili Nut Tree (northwest corner of J.R. Judd property, Hakipuu, 49-074-C Kamehameha Highway, TMK: 4-9-1:5).
    Canarium vulgare, Pili Nut Tree (Washington Place, TMK: 2-1-18:1).
    Capparis mollicella (Schofield Barracks, located on the south side of Building 2105, Ulrich Street).
    Cassia roxburghii, Red Cassia Tree (45-647 Anoi Road, TMK: 4-5-081:015).
    Cassia x nealiae ‘Wilhelmina Tenny’/Rainbow Shower Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Casuarina equisetifolia, Ironwood Trees (along Kalakaua Avenue from Kapahulu Avenue to Poni Moi Road, TMK: 3-1-43:1).
    Casuarina equisetifolia, Ironwood Trees (grove of double row) (parallel to the Kapiolani Park Bandstand, at Monsarrat Avenue's Waikiki Shell parking lot makai entrance, TMK: 3-1-43:1).
    Casuarina equisetifolia, Ironwood Tree (52 Robinson Lane, TMK: 1-8-003:002).
    ^*Cavanillesia plantanifolia, Quipo Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Ceiba pentandra, Kapok Tree (grounds of State Department of Agriculture, 1428 South King Street, TMK: 2-4-5:18).
    Ceiba pentandra, Kapok Trees (2 trees) (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Couroupita guianensis, Cannonball Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Couroupita guianensis, Cannonball Tree (University of Hawaii/Manoa Campus, next to parking lot, makai side of Sinclair Library, TMK: 2-8-23:3).
    Cyrtostachys renda, Sealing Wax Palm (Harold L. Lyon Arboretum, TMK: 2-9-55:6).
    Elaeodendron orientale, False Olive Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Enterolobium cyclocarpum, Earpod Tree (Board of Water Supply -- Makiki Pumping Station, TMK: 2-5-20:1).
    ^*Enterolobium cyclocarpum, Earpod Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Enterolobium cyclocarpum, Earpod Tree (grounds of State Department of Agriculture, 1428 South King Street, TMK: 2-4-5:18).
    Enterolobium cyclocarpum, Earpod Tree (Waialua Library, 67-068 Kealohanui Street, TMK: 6-7-16:2).
    Enterolobium cyclocarpum, Earpod Tree (85-910 Farrington Highway, TMK: 8-5-10:58).
    Enterolobium cyclocarpum, Earpod Tree (2020 Kamehameha Avenue, TMK: 2-9-7:15).
    Enterolobium cyclocarpum, Earpod Trees (23 trees) (Schofield Barracks, north side of Leilehua Avenue, from Baldwin Road to Morris Road).
    Enterolobium cyclocarpum, Earpod Tree (Schofield Barracks, Bragg Street, 100 feet from Ayres Avenue intersection).
    Erythrina sandwicensis, Wili-wili Trees (a grove of 57 trees) (Koko Crater Botanical Garden, TMK: 3-9-12:1).
    Eucalyptus camaldulensis, River Red Gum Trees (56 trees) (Schofield Barracks, south side of Kolekole Avenue, extending from Fournier Avenue to Hewitt Street).
    ^*Eucalyptus deglupta, Mindanao Gum Tree (Wahiawa Botanical Garden, 1396 California Avenue, TMK: 7-4-17:1).
    Eucalyptus robusta, Swamp-Mahogany Trees (Schofield Barracks, row of 113 trees lining Wilikina Drive).

(c)    The following trees begin with the letter “f”:
    Ficus spp., Banyan Trees (a grove of 77 trees) (Ala Moana Park, TMK: 2-3-37:1).
    Ficus spp., Banyan Trees (two rows of Ficus benjamina Trees along the ewa side of the Ala Wai Canal and a single row of Ficus microcarpa Trees on the Waikiki side of the Ala Wai Canal, all three rows running between Kalakaua Avenue and Ala Moana Boulevard), (TMK: 2-3-35:11; 2-3-36:36; promenade adjacent to TMK: 2-6-11 and 2-16-13).
    Ficus spp., Banyan Trees (2616 Pali Highway, TMK: 1-8-08:1).
    Ficus benghalensis, Indian Banyan Tree (Honolulu Zoo, 151 Kapahulu Avenue, TMK: 3-1-43:1).
    Ficus benghalensis, Indian Banyan Tree (makai tree) (in front of Honolulu Zoo entrance; corner of Kalakaua Avenue and Kapahulu Avenue, TMK: 3-1-43:1).
    Ficus benghalensis, Indian Banyan Tree (mauka tree) (in front of Honolulu Zoo entrance; corner of Kalakaua Avenue and Kapahulu Avenue, TMK: 3-1-43:1).
    Ficus benghalensis, Indian Banyan Tree (directly across the street from the Zoo entrance, makai side of Kalakaua Avenue, TMK: 3-1-43:1).
    Ficus benghalensis, Indian Banyan Tree (Ewa side of Queen's Surf Beach Center, makai of Kalakaua Avenue, TMK: 3-1-30:3).
    Ficus benghalensis, Indian Banyan Tree (Ewa side of Waikiki Aquarium, makai of Kalakaua Avenue, TMK: 3-1-30:3).
    Ficus benghalensis, Indian Banyan Tree (makai tree) (in front of the Waikiki War Memorial Natatorium, Diamond Head of the Waikiki Aquarium, TMK: 3-1-31:3).
    Ficus benghalensis, Indian Banyan Tree (mauka tree) (in front of the Waikiki War Memorial Natatorium, Diamond Head of the Waikiki Aquarium, TMK: 3-1-31:3).
    Ficus benghalensis, Indian Banyan Tree (Diamond Head tree) (across the street from Diamond Head Tennis Court Center, along the makai side of Paki Avenue, TMK: 3-1-43:1).
    Ficus benghalensis, Indian Banyan Tree (Ewa tree) (across the street from Diamond Head Tennis Court Center, along the makai side of Paki Avenue, TMK: 3-1-43:1).
    Ficus benghalensis, Indian Banyan Tree (Diamond Head corner of archery range, along Poni Moi Road near entrance to La Pietra, TMK: 3-1-43:7).
    Ficus benghalensis, Indian Banyan Tree (makai tree) (across the street from the Diamond Head side of the Honolulu Zoo, makai side of the Waikiki Shell parking lot entrance, TMK: 3-1-43:1).
    Ficus benghalensis, Indian Banyan Tree (mauka tree) (across the street from the Diamond Head side of the Honolulu Zoo, makai side of Waikiki Shell parking lot entrance, TMK: 3-1-43:1).
    Ficus benghalensis, Indian Banyan Tree (on the grounds of Kaiulani School, 783 North King Street, TMK: 1-5-05:16).
    Ficus benghalensis, Indian Banyan Tree (grounds of St. Elizabeth's Episcopal Church between 720 North King Street and 766 North King Street, TMK: 1-7-31:48 and TMK: 1-7-31:49).
    Ficus benghalensis, Indian Banyan Tree (Iolani Palace grounds, TMK: 2-1-25:2).
    Ficus benghalensis, Indian Banyan Tree (Moana Hotel Courtyard, 2365 Kalakaua Avenue, TMK: 2-6-1:12).
    Ficus benghalensis, Indian Banyan Trees (2 trees) (beside the Judiciary Building, TMK: 2-1-25:3).
    Ficus benghalensis, Indian Banyan Tree (parking lot, Walina Street, The Food Pantry Ltd., 2370 Kuhio Avenue, TMK: 2-6-21:100).
    Ficus benghalensis, Indian Banyan Tree (Kuhio Beach Park, TMK: 2-6-01:4).
    Ficus benghalensis, Indian Banyan Tree (center of International Market Place, 2330 Kalakaua Avenue, TMK: 2-6-022:038).
    Ficus benghalensis, Indian Banyan Tree (end of Magic Island, TMK: 2-3-37:25).
    Ficus benjamina, Benjamin Fig Tree (Entry circle to left of front lawn of Roosevelt High School, TMK: 2-4-32:1).
    Ficus microcarpa, Chinese Banyan Trees (3 Trees, Kailua Road “Triangle Park,” center of Kailua, TMK: 4-2-18:14).
    Ficus drupacea, Mysore Fig Tree (Schofield Barracks, tree located on the north side of Grant Hall, intersection of Waianae and McCornack Roads).
    Ficus elastica, Indian Rubber Tree (University of Hawaii/Manoa Campus, next to Campus Way, mauka side of Sinclair Library, TMK: 2-8-23:3).
    Ficus macrophylla, Moreton Bay Fig Tree (Schofield Barracks, tree located at the southwest corner of Building 747, Quad I).
    Ficus macrophylla, Moreton Bay Fig Tree (Kailua Road “Triangle Park,” center of Kailua, TMK: 4-2-18:14).
    Ficus petiolaris, Blue Mexican Fig Tree (1941 Ualakaa Street, TMK: 2-5-1-33).
    ^*Ficus religiosa, Bo Tree, Peepul Tree (Moanalua Gardens, 1352 Pineapple Place, TMK: 1-1-9:4).     Ficus religiosa, Bo Tree, Peepul Tree (2616 Pali Highway, TMK: 1-8-08:1).
    Ficus religiosa, Bo Tree, Peepul Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Frangipani obtusa, Singapore Plumeria Tree (902-B Prospect Street, TMK: 2-2-04:48).

(d)    The following trees begin with the letters “g” through “l”:
    Garcinia mangostana, Mangosteen Tree (Castle Ranch, 1385 Maunawili Road, TMK: 4-2-09:1).
    Gigasiphon macrosiphon (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    ^*Guazuma ulmifolia, West Indian Elm Tree (State Department of Agriculture, 1428 South King Street, TMK: 2-4-5:18).
    Hernandia nymphaeifolia, Jack-in-a-box Fruit Tree (University of Hawaii/Manoa Campus, mauka-ewa side of Sinclair Library, TMK: 2-8-23:3).
    Hibiscus tiliaceus, Hau Tree (3314 Halelani Drive, TMK: 2-9-035:103).
    Hura crepitans, Sandbox Tree (2365 Oahu Avenue, TMK: 2-9-5:56, and the driveway of 2355 Oahu Avenue, TMK: 2-9-5:6).
    Hydnocarpus anthelminthica, Chaulmoogra Oil Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    ^*Hyphaene thebaica, Doum Palm, Gingerbread Palm (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Kigelia africana, Sausage Tree (115 Kuukama Street, Kailua, TMK: 4-3-14:07).
    Kigelia africana, Sausage Tree (Coast Guard Station on Kalanianaole Highway, Aina Haina, TMK: 3-5-46:13).
    ^*Lagerstroemia speciosa, Queen's Crape Myrtle (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Lagunaria patersonii, White Wood Tree, (Schofield Barracks, Glennan Avenue, between Buildings 687 and 688, Health Clinic).
    Litchi chinensis, Litchi Tree (2616 Pali Highway, TMK: 1-8-08:1).
    Litchi chinensis, Litchi Tree (Castle Ranch, 1385 Maunawili Road, TMK: 4-2-09:1).
    ^*Lonchocarpus domingensis, Guama Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).

(e)    The following trees begin with the letters “m” through “r”:
    Macadamia integrifolia, Macadamia Nut Tree (2616 Pali Highway, TMK: 1-8-08:1).
    Macadamia integrifolia, Macadamia Nut Tree (52 Robinson Lane, TMK: 1-8-003:003).
    ^*Mammea americana, Mammee Apple Tree (State Department of Agriculture, 1428 South King Street, TMK: 2-4-5:18).
    Mangifera indica ‘Pirie’, Mango Tree (2616 Pali Highway, TMK: 1-8-08:1).
    Mangifera indica, Mango Tree (center of Nuuanu Valley Park, TMK: 2-2-034:028).
    Mangifera indica, Mango Tree (52 Robinson Lane, TMK: 1-8-003:002).
    Manilkara zapota, Chicle Tree (2616 Pali Highway, TMK: 1-8-08:1).
    ^*Manilkara zapota, Chicle Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).     Metroxylon amicarum, Caroline Ivory Nut Palm (Castle Ranch, 1385 Maunawili Road, TMK: 4-2-09:1).
    ^*Mimusops elengi, Pogada Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Mimusops elengi, Pogada Tree (41 trees) (Wheeler Army Airfield, 148 Curtis Loop, 16 trees line Curtis Loop, Wright Avenue and Warhawk Road; 25 trees line Curtis Loop and Vought and Wright Avenues framing the parking lot).
    Parkia timoriana, Parkia Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Phoenix canariensis, Date Palm Trees (Wheeler Army Airfield, row of palm trees on both sides of Wright Avenue, from Frutchey Road to Lilienthal Road).
    Phyllanthus emblica, Indian Gooseberry Tree (2616 Pali Highway, TMK: 1-8-08:1).
    Pithecellobium dulce, Opiuma Tree (Fernhurst YWCA 1566 Wilder Avenue, TMK: 2-4-23:87).
    Polyscias nodosa, Dogbone Tree (2064 Makiki Street, TMK: 2-5-7:2).
    Pritchardia lowreyana, Loulu Palm (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Pseudobombax ellipticum, Pink Bombax Tree (Queen's Medical Center, front lawn, TMK: 2-1-35:3).
    Psidium cattleianum f. lucidum, Waiawi Tree (2616 Pali Highway, TMK: 1-8-08:1).
    Pterocarpus indicus, Narra Tree (Tantalus Drive -- on curve near #3665, TMK: 2-5-12:06).
    Pterocarpus indicus, Narra Trees (6 trees) (Wheeler Army Airfield, Eastman Road, 2 trees approximately 100 feet north of Wright Avenue intersection, 2 trees 500 feet north of Wright Avenue intersection and 2 trees east of quarters at 459 Eastman Road).
    Pterygota alata, Tattele Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Roystonea oleracea, Cabbage Palm (Harold L. Lyon Arboretum, TMK: 2-9-55:6).
    ^*Roystonea oleracea, Cabbage Palm (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Roystonea oleracea, Cabbage Palms (2 palms) (Schofield Barracks, 227 General Loop).
    Roystonea oleracea and Roystonea regia, Cabbage Palms and Royal Palms (total of 11 palms) (Schofield Barracks, west side of Building 360, Flagler Road).
    Roystonea regia, Royal Palms (both sides of Royal Palm Drive, Wahiawa, TMK: 7-5-6:17, 7-5-17:48, 7-5-18:12, 7-5-19:1, 7-5-20:17).
    Roystonea regia, Royal Palms (30 line old carriage road) (Castle Ranch, 1385 Maunawili Road, TMK: 4-2-09:1).
    Roystonea regia, Royal Palms (Palm Circle Drive, Fort Shafter, TMK: 1-1-08:5; palms encircling parade field).
    Roystonea regia and Fraxinus americana, Royal Palms and White Ash Trees (91 Royal Palms and 79 White Ash Trees) (Wheeler Army Airfield, planted alternately on both sides of Sperry and Langley Loops north of Wright Avenue).

(f)    The following trees begin with the letter “s” through “w”:
    Samanea saman, Monkeypod Tree (420 Wyllie Street, TMK: 1-8-6:07).
    Samanea saman, Monkeypod Tree (Central Union Church -- courtyard Atherton Chapel, 1660 South Beretania Street, TMK: 2-8-11:02).
    Samanea saman, Monkeypod Trees (both sides of Paki Avenue, Kapahulu to Monsarrat, TMK: 3-1-43:00 and 3-1-43: por.1).
    Samanea saman, Monkeypod Trees (2) (Moanalua Gardens, 1352 Pineapple Place, TMK: 1-1-9:4).
    Samanea saman, Monkeypod Tree (1070 Aalapapa Drive, Lanikai, TMK: 4-3-06:102).
    Samanea saman, Monkeypod Trees (11 trees) (along Koa Kahiku Street, Windward City Shopping Center, TMK: 4-5-60:61).
    Samanea saman, Monkeypod Tree (Wheeler Army Airfield, 258 Haley Avenue, Apartment 102).
    Samanea saman, Monkeypod Trees (5 trees) (along perimeter of Windward Shopping Center on Aumoku Street).
    Samanea saman, Monkeypod Tree (3 Trees, left and right of driveway entrance of Women’s Community Corrections Center, Kailua, TMK: 4-2-03:4).
    Samanea saman, Monkeypod Tree (16 Trees, 52 Robinson Lane, TMK: 1-8-003:002, TMK: 1-8-003:003, TMK: 1-8-003:005).
    Sapindus saponaria, Soapberry Tree (Ala Moana Park, TMK: 2-3-37:1).
    Schotia brachypetala, Tree Fuchsia (Tennent Family Foundation, 203 Prospect Street, TMK: 2-2-3-76).
    ^*Spondias mombin, Hog Plum Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Sterculia apetala, Panama Trees (5 trees) (Ala Moana Park, TMK: 2-3-37:1).
    Sterculia foetida, Skunk Tree (University of Hawaii/Manoa Campus, ewa-makai corner of George Hall, TMK: 2-8-23:3).
    Sterculia foetida, Skunk Tree (Schofield Barracks, 225 General Loop).
    Sterculia foetida, Skunk Tree (Tennent Family Foundation, 203 Prospect Street, TMK: 2-2-3:75).
    ^*Sterculia apetala, Nawa Tree (Queen's Medical Center, TMK: 2-1-35:3).
    Swietenia macrophylla, Mahogany Trees (2 trees) (Schofield Barracks, Lewis Street, immediately north of the Foote Avenue intersection).
    Swietenia macrophylla, Mahogany Tree (Schofield Barracks, Glennan Avenue, between Buildings 672 and 688, Health Clinic).
    Swietenia mahagoni, Mahogany Trees (along Kalakaua Avenue between Beretania Street and Kapiolani Boulevard, TMK: 2-4-5:00).
    Swietenia mahagoni, Mahogany Tree (2616 Pali Highway, TMK: 1-8-08:1).
    Swietenia mahagoni, Mahogany Trees (2 trees) (Moanalua Gardens, 1352 Pineapple Place, TMK: 1-1-9:4).
    Syzygium malaccense, Mountain Apple Tree (Castle Ranch, 1385 Maunawili Road, TMK: 4-2-09:1).
    Tamarindus indica, Tamarind Tree (Judiciary Building, Ewa Courtyard, TMK: 2-1-25:3).
    Tamarindus indica, Tamarind Tree (52 Robinson Lane, TMK: 1-8-003:002).
    Terminalia catappa, Tropical Almond Tree (Foster Botanical Garden, 180 North Vineyard Boulevard, TMK: 1-7-07:2).
    Washingtonia robusta, Mexican Fan Palms (19 palms) (Schofield Barracks, located on the west side of Dickman Road).
    Washingtonia robusta, Mexican Fan Palms (14 palms) (Schofield Barracks, both sides of Glennan Street between Foote Avenue and Sargent Road).
[*"Champion Trees of Hawaii," in American Forests, May 1974.]
(Sec. 13-36.7, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 88-109, 91-38, 92-123, 00-54, 06-51)

Sec. 41-13.8     Regulations.
(a)    Tree Removal or Destruction. It is unlawful for any person, corporation, public agency or other entity to remove or otherwise destroy any tree in the City and County of Honolulu which has been designated "exceptional" without approval from the city council, except as provided in Sec. 41-13.9. Any person who violates this section shall be fined not more than $1,000.00.
(b)     Tree Maintenance.
    (1)    It is unlawful for any person, corporation, public agency or other entity to alter the characteristic shape of any "exceptional" tree or remove any branch without first obtaining a permit issued by the department of parks and recreation.
    (2)    The department of parks and recreation shall have the necessary powers to make rules and regulations, pursuant to HRS Chapter 91, to establish the criteria, standards and conditions under which a permit may be issued.
(Sec. 13-36.8, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 41-13.9     Emergency situation.
    In an emergency situation, where there is imminent danger to life or property, the owner of the exceptional tree shall petition for removal of the exceptional tree to the director of parks and recreation or the director's authorized representative. The director of parks and recreation, after consultation with the mayor's arborist advisory committee, may grant the removal of an exceptional tree upon a finding that such an emergency exists. The director of parks and recreation shall give notice to the council of the action taken. (Sec. 13-36.9, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 41-13.10     Violation--Penalty--Injunctive enforcement.
(a)     Any person who violates Section 41-13.8 shall be subject to a fine of not more than $1,000.00.
(b)     In addition, any threatened violation of the provisions of this article, or of any rule or regulation promulgated pursuant to Section 41-13.8 (b) is declared to be a public nuisance and the corporation counsel shall institute such proceedings for injunctive or other civil relief as may be necessary to carry out the intent of this article.
(Sec. 13-36.9, R.O. 1978 (1983 Ed.); Sec. 13-36.10, R.O. 1987 Supp.)

Sec. 41-13.11     Severability.
    If any section, paragraph, subsection, clause or phrase of this article is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this article. (Sec. 13-36.10, R.O. 1978 (1983 Ed.); Sec. 13-36.11, R.O. 1987 Supp.)

Sec. 41-13.12     Appeals.
    Any person or persons aggrieved by an action of the city council may within 30 days of such action file an appeal to the circuit court. (Sec. 13-36.11, R.O. 1978 (1983 Ed.); Sec. 13-36.12, R.O. 1987 Supp.)

    Article 14. Vehicular Advertising ^{*[ *} Editor's Note: The ordinance
codified as this article, Ord. 79-23, was declared unconstitutional on its face by the U.S. District Court for the District of Hawaii in Beetleboards of America, Inc., et al., v. the City and County of Honolulu, et al., Civil No. 79-0198, and the City and County of Honolulu and other defendants were permanently enjoined from enforcing or attempting to enforce Ord. 79-23, either directly or indirectly.]

Sections:
    41-14.1    Definitions.
    41-14.2    Vehicular advertising prohibited.
    41-14.3    Business identification permitted.
    41-14.4    Violation--Penalty.

Sec. 41-14.1     Definitions.
    "Business identification sign" means any sign, graphics or lettering upon a vehicle, relating to the company name, trade insignia, trademarks, products distributed, manufactured or sold or services performed by the business enterprise owning or leasing the vehicle. Vehicular business identification sign shall not include any poster, banner, light, model or any other device separately attached to the vehicle.
    "Consideration" means any of the three or any combination thereof: (1) any money; or (2) thing of value; or (3) economic benefit conferred on or received by any person in return for advertising services rendered or to be rendered.
    "Person" is as defined in Section 1-4.1 of this code.
    "Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as pipes, poles or structural members capable, generally of sustaining themselves as beams between the supporting connections.
    "Semitrailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a vehicle whether propelled by motor or human power and so constructed that some part of its weight including that of its load rests upon or is carried by another vehicle.
    "Trailer" means every vehicle with or without motive power, other than a pole trailer, drawn by a vehicle whether propelled by motor or human power and designed to carry persons or property, and so constructed that no appreciable part of its weight rests upon the towing vehicle.
    "Vehicle" means every device in, upon or by which any person or property, which would include signs, is or may be transported or drawn upon a roadway or highway. This definition shall include a vehicle, whether it is propelled by motor or moved by human power. (Sec. 13-37.1, R.O. 1978 (1983 Ed.))

Sec. 41-14.2     Vehicular advertising prohibited.
    No person shall use a vehicle and/or trailer as defined herein, whether it is in operable or nonoperable condition, to display in any manner whatsoever, on any highway, street or private property, any advertising device for consideration as defined herein, including, but not limiting the generality of the foregoing to any poster, banner, writing, picture, painting, light, model, display, emblem, notice, illustration, insignia, symbol and any other form of advertising sign or device. (Sec. 13-37.2, R.O. 1978 (1983 Ed.))

Sec. 41-14.3     Business identification permitted.
    Nothing in this article shall prohibit the identification of a business enterprise, as defined in Section 41-14.1, upon a vehicle and/or trailer, provided however:
(a)     The vehicle is registered in the name of the business entity; and provided, that such identification will not constitute a hazard to motorists or will impair the operation of the vehicle.
(b)     The vehicle and/or trailer is primarily used for the purpose of and in the ordinary conduct of the business of the owner or lessee of the vehicle. The vehicle and/or trailer, however, cannot be used only for the purpose of advertising. Any subterfuge of the owner or lessee of the vehicle or trailer to promote the sale of its product, material, supplies or services by situating its vehicle and/or trailer in a strategic location on any highway, street or private property calculated to attract the attention of motorists and/or pedestrians to its advertisement in circumvention of state and county billboard advertising or sign laws shall not be permitted under this section.
(Sec. 13-37.3, R.O. 1978 (1983 Ed.))

Sec. 41-14.4     Violation--Penalty.
(a)     Summons or Citation.
    (1)    There shall be provided for use by 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 dispositions 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.
(b)     Penalty. Any person who violates any provision of this article shall, upon conviction, be punished by a fine not less than $25.00 nor more than $500.00, or by imprisonment not exceeding three months, or by both.
(c)     Every day any violation of this article shall continue shall constitute a separate offense.
(Sec. 13-37.4, R.O. 1978 (1983 Ed.))

    Article 15. Regulations Governing Public Shows

Sections:
    41-15.1    Definitions.
    41-15.2    License required--Applications.
    41-15.3    Conditions of licenses.
    41-15.4    Rejection of application--Suspension or revocation of license.
    41-15.5    Promulgation of rules and regulations.
    41-15.6    Notice--Appeal--Hearings board.
    41-15.7    Violation--Penalty.
    41-15.8    Injunction upon violation of laws and ordinances.

Sec. 41-15.1     Definitions.
    As used in this article, unless the context clearly requires otherwise:
    "Owner" or "licensee" (the latter term will apply when a license is issued) means an individual, partnership, corporation, association or any other business or commercial entity whether or not established for profit, who or which owns, leases or rents any permanent or temporary structure as defined hereinabove which is used to accommodate more than one person to observe, view, watch or witness public shows; or any exhibitor, promoter or producer of a public show provided that an exhibitor, promoter or producer shall not be deemed an owner if the owner, lessee or tenant of the permanent or temporary structure for public shows has a license therefor.
    "Public show" means any exhibition, show or performance produced, presented, staged, shown, displayed, exhibited or performed to which an admission fee is charged or for which a fee is collected in any permanent or temporary structure designed to accommodate more than one person to observe, view, watch or witness such public shows and which is subject to licensing under HRS Sections 445-161 to 445-164. A permanent structure shall include but is not limited to auditoriums, theaters, concert halls, arenas, convention halls, meeting rooms and restaurants with stages, while a temporary structure shall include but is not limited to tents consisting of canvas or plastic materials. Exempted hereunder are public shows which are subject to the control and supervision of any board, commission, department or agency of the state or the city and any of the aforementioned permanent or temporary structures owned and controlled by the state or city. (Sec. 13-38.1, R.O. 1978 (1983 Ed.))

Sec. 41-15.2     License required--Applications.
(a)     License Required. No owner of a permanent or temporary structure designed to accommodate more than one person to observe, view, watch or witness a public show shall utilize same for public shows without first obtaining a license therefor as provided in HRS Sections 445-161 to 445-165.
(b)     Application for License. Any owner seeking an original license or a renewal shall file a written application with the director of finance which shall contain such information and shall be in such form as the director of finance may prescribe.
(c)     Verification. All applicants shall certify on the application that the statements, information and data contained in the application in support of the application are true and correct.
(d)     Term and Fee for License. The term and fee for such license shall be as prescribed in HRS Sections 445-161 and 445-162, respectively.
(Sec. 13-38.2, R.O. 1978 (1983 Ed.))

Sec. 41-15.3     Conditions of licenses.
    Every license issued hereunder shall be subject to the following conditions:
(a)     License Nontransferable--Close Out of Business. No license issued hereunder shall be transferable or assignable. If a licensee voluntarily or involuntarily terminates the business for whatever reason or reasons during the term for which the license was issued, the licensee shall, within five days from the date of such termination, give the director of finance written notice thereof and surrender the licensee's license for cancellation.
(b)     Posting. Any license issued hereunder shall be posted in a conspicuous place on the licensed premises where any person may examine same.
(c)     Obscene, Indecent or Immoral Public Show Prohibited--Applicable Standard. No licensee shall present or permit the presentation of an obscene, indecent or immoral public show on or within the licensed premises. To determine whether or not a public show is obscene, indecent or immoral, the following standard which was established by the United States Supreme Court in Miller v. California,^* shall be applied:
    (1)    Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest;
    (2)    Whether the work depicts or describes, in a patently offensive way, sexual conduct such as:
        (A)    Representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, or (B)Representations or descriptions of masturbation, excretory functions and lewd exhibitions of the genitals; and
    (3)    Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
(Sec. 13-38.3, R.O. 1978 (1983 Ed.))

Sec. 41-15.4     Rejection of application--Suspension or revocation of license.
(a)     Authorization. The director of finance is authorized to reject any application for an original license or renewal or suspend or revoke any license based on the grounds set forth herein.
(b)     Grounds for Rejection of Application for an Original License or Renewal.
    (1)    The applicant has failed to fill out an application as prescribed.
    (2)    There was deliberate falsification or misrepresentation in the application for license or renewal.
(c)     Grounds for Suspension or Revocation of License.
    (1)    The licensee has presented or permitted the presentation of an obscene, indecent or immoral public show on the licensed premises based on the standards prescribed hereinbefore.
    (2)    During the term of the existing license, the licensee or the licensee's employee(s) has been convicted of promoting pornography on the licensed premises in violation of HRS Sections 712-1214 and 712-1215; or
    (3)    The licensee has violated any of the provisions of this article, HRS Sections 445-161 to 445-165, or any rules and regulations promulgated by the director of finance as authorized herein.
(d)     Period of Revocation. No owner whose license is revoked shall be eligible to apply for a new license until the expiration of a 12-month period commencing from the effective date of revocation.
(Sec. 13-38.4, R.O. 1978 (1983 Ed.))

Sec. 41-15.5     Promulgation of rules and regulations.
    The director of finance is authorized to promulgate such additional rules and regulations as prescribed in HRS Chapter 91 as the director of finance may deem necessary to implement or administer the provisions of this article and HRS Sections 445-161 to 445-165. (Sec. 13-38.5, R.O. 1978 (1983 Ed.))

Sec. 41-15.6     Notice--Appeal--Hearings board.
(a)     Notice and Hearing. In every case where it is proposed to refuse to issue a license or to suspend or revoke a license, the director of finance shall give the party concerned notice and hearing in conformity with HRS Chapter 91.
    (1)    The director of finance shall notify in writing the applicant or licensee of any adverse decision based on the provisions of this article, together with the reasons therefor. The notice shall also include a statement that the applicant or licensee may appeal the decision of the director of finance and provide space on the notice so that the applicant or licensee may indicate that such person desires to exercise the appeal and request a hearing. Such notice may be personally served upon the applicant or licensee or sent by certified mail, return receipt requested;
    (2)    The written notice of the director of finance shall contain specific reasons for its adverse decision; provided such notice shall not act as a stay upon the continued showing of the particular show until the appeal panel has made its decision, pursuant to subsection (b) of this section. It shall also contain a statement that the applicant or licensee has the right to appeal an adverse decision of the director of finance within 10 working days as stated herein; and
    (3)    Upon receipt of such notice of appeal and request for hearing, the director of finance shall forthwith request the mayor to appoint a hearings panel so that the appeal can be heard.
(b)     Hearings Panel.
    (1)    The mayor is authorized to appoint three officers of the executive branch, excluding the prosecutor and corporation counsel and their subordinates, who shall be members of the hearings panel so an appeal can be heard;
    (2)    The hearings panel shall conduct such hearing as prescribed in HRS Chapter 91;
    (3)    The hearings panel is authorized to establish procedures for its hearings and promulgate rules and regulations therefor, as prescribed in HRS Chapter 91;
    (4)    Whenever its decisions are adverse to the applicant or licensee, the panel shall issue written findings of fact, conclusions of law, decision and order; and
    (5)    If the decision of the panel is to suspend or revoke any license, it shall orally order the licensee to cease and desist forthwith any public show for which the license herein had been issued unless otherwise ordered by a court of competent jurisdiction.
(c)     Judicial Review. Any owner or licensee aggrieved by the decision and order of the hearings panel may seek judicial review of such decision and order in any court of competent jurisdiction as provided in HRS Section 91-14.
(Sec. 13-38.6, R.O. 1978 (1983 Ed.))

Sec. 41-15.7     Violation--Penalty.
    Any person, owner or licensee violating any of the provisions of this article shall be subject to the penalties prescribed in HRS Section 445-165, and upon such conviction, the court is authorized to declare that any license issued by the director of finance is either suspended or revoked. (Sec. 13-38.7, R.O. 1978 (1983 Ed.))

Sec. 41-15.8     Injunction upon violation of laws and ordinances.
    Notwithstanding any law to the contrary, the prosecuting attorney, in addition to or while in the course of, or having instituted prosecution against a person, owner or licensee hereunder, may seek injunctive relief, pursuant to HRS Section 603-23, to enjoin or prohibit any act or practice in violation of this article, HRS Sections 445-161 to 445-165 or any rules and regulations promulgated by the director of finance as authorized herein. (Sec. 13-38.8, R.O. 1978 (1983 Ed.))

    Article 16. Permit and License Fees for Driving Motor Vehicles

Sections:
    41-16.1    Definitions.
    41-16.2    License and permit fees.
    41-16.3    Disposition of proceeds.

Sec. 41-16.1     Definitions.
    As used in this article, unless the context otherwise requires:
    "Driver's license" means a license authorizing a person to operate the category of motor vehicles specified in HRS Section 286-102.
    "Duplicate" means an instruction permit or driver's license issued to replace one that is lost, destroyed or illegible.
    "Instruction permit" means the permit referred to in HRS Section 286-110.
    "Renewal" means any driver's license issued to the same person subsequent to an original license or to the same person subsequent to the reissuance of a driver's license.
(Sec. 13-28.1, R.O. 1978 (1983 Ed.); Am. Ord. 97-53, 06-12, 08-29)

Sec. 41-16.2     License and permit fees.
(a)    The issuance or renewal of a driver's license shall be $3.00 per year or fraction thereof.
(b)    The issuance of an instruction permit or any renewal thereof shall be subject to the payment of a fee of $5.00.
(c)    The issuance of a duplicate permit or license shall be subject to the payment of a fee of $5.00.
(d)    The reinstatement fee for a suspended or revoked current or expired license shall be $20.00.
(e)    The fee for the category type one, two or three road test given to applicants shall be $8.00 for each test and is in addition to all other fees enumerated in this section. The fee shall be paid before the road test is administered and may be refunded only if the applicant does not begin the road test. Failure to pass the road test shall not be grounds for a refund.
(f)    There shall be established a road test reservation fee for each road test reservation made by an applicant. The road test reservation fee shall be the same as the fee established in subsection (e) and shall be paid by the applicant before the reservation is made. This fee shall be applied to the payment of the road test fee. If an applicant fails the road test, fails to appear, appears late, or cancels a reservation, the road test reservation fee shall be forfeited.
(g)    There shall be established a test fee of $2.00 for each written or machine examination and $10.00 for each oral examination taken by applicants. Failure to pass the examination shall not be grounds for a refund.
(Sec. 13-28.2, R.O. 1978 (1983 Ed.); Am. Ord. 88-52, 95-32, 97-53, 06-12, 08-29)

Sec. 41-16.3     Disposition of proceeds.
    All fees collected pursuant to Section 41-16.2 shall become a realization of the city. (Sec. 13-28.3, R.O. 1978 (1983 Ed.))
    Article 17. Motor Vehicle Weight Tax

Sections:
    41-17.1    Vehicle weight tax.
    41-17.2    Delinquent penalties.
     41-17.3 Shelter buses.

Sec. 41-17.1     Vehicle weight tax.
(a)    The rate and the minimum tax at which all vehicles and motor vehicles shall be taxed as provided by HRS Section 249-2, as amended, shall be as provided in subsections (b), (c), (d) and (e).
(b)    Motor Vehicles Designed Primarily for the Purpose of Carrying Passengers. The rate for motor vehicles designed primarily for carrying passengers shall be:

         Cents per Pound of Vehicle Net Weight            Effective Date

                4.0                    January 1, 2010
                5.0                    January 1, 2011

    This category shall include, but is not limited to, motor vehicles primarily designed to carry passengers, buses, ambulances and hearses.
(c)    (1)    Trucks or Noncommercial Motor Vehicles Having a Net Weight of 6,500 Pounds or Less. The rate for trucks and noncommercial motor vehicles having a net weight of 6,500 pounds or less and which are not being operated for compensation or commercial purposes shall be:

         Cents per Pound of Vehicle Net Weight            Effective Date

                4.0                    January 1, 2010
                5.0                    January 1, 2011

        The owner of such truck or noncommercial motor vehicle who desires to have such vehicle taxed at the rate provided in this subdivision shall comply with the requirements in subdivision (2).
    (2)    For original registration under this category, the owner shall:
        (A)    File an application with the director of finance for registration of a noncommercial motor vehicle;
        (B)    Register the vehicle under an individual's name, or if the vehicle is leased, provide proof that the vehicle is leased to an individual and not to a company; and
        (C)    Pay the applicable weight tax and registration fees.
        When the vehicle is currently registered as a commercial vehicle and the owner wishes to reclassify the vehicle under this category, the owner shall, in addition to the above, also surrender the vehicle's current certificate of registration and license plates.
        When the owner has complied with the foregoing requirements, and has paid the applicable fees, the director of finance shall issue a set of passenger vehicle license plates, emblem and a new certificate of registration.
(d)    Trucks or Commercial Vehicles. The rate for trucks, commercial vehicles and other vehicles designed for carrying property or for purposes other than the carrying of passengers shall be:

         Cents per Pound of Vehicle Net Weight            Effective Date

                4.5                    January 1, 2010
                5.5                    January 1, 2011

    This category shall include, but is not limited to, trucks, truck tractors and road tractors, trailers and semitrailers; provided, that trucks and noncommercial vehicles that qualify under subsection (c) are exempted from this category.
(e)    Minimum Tax. The minimum tax assessed and collected by reason of this section shall in no case be less than $12.00.
(Sec. 14-1.1, R.O. 1978 (1983 Ed.); Am. Ord. 89-79, 92-65, 93-110, 95-62, 03-42, 05-016, 09-15)

Sec. 41-17.2     Delinquent penalties.
    Any vehicle weight tax imposed by this article for any year and not paid when due, shall be deemed delinquent. An annual penalty of $8.00 for vehicles taxed at the passenger rate and $20.00 for vehicles taxed at the commercial rate shall be added to, and become part of, the tax to be collected. (Sec. 14-1.2, R.O. 1978 (1983 Edition); Am. Ord. 89-79, 95-62)

Sec. 41-17.3    Shelter buses.
(a)    Notwithstanding the provisions of Article 17, Chapter 41, shelter buses shall be taxed at zero cents per pound of the net weight of such vehicle.
(b)    For purposes of this section:
    “Shelter bus” means a commercial passenger vehicle that is at least 40 feet in length that:
    (1)    Has been refitted to be used and is used as a temporary shelter for the homeless;
    (2)    Is suitable for such use, and complies with all laws, regulations and standards governing its use as a temporary shelter, including health and safety regulations; and
    (3)    Complies with, and is used, operated, and maintained in accordance with all applicable laws, rules,
        and regulations governing such vehicles.
    The owner’s certification as to the foregoing may be deemed acceptable.
(Added by Ord. 06-17; Am. Ord. 07-11)

    Article 18. Fees for Motor Vehicle Registration

Sections:
    41-18.1    Fee for registration, number plates and tags or emblems.
    41-18.2    Fee for tag or emblem in subsequent years.
    41-18.3    Fees for the issuance of a new series of number plates, or replacement of lost or mutilated number plates, tags or emblems.
    41-18.4    Fee for dealer correction.
    41-18.5    Fee for transfer of title.
    41-18.6    Fee for duplicate certificates of title.

Sec. 41-18.1     Fee for registration, number plates and tags or emblems.
(a)     The annual fee for the registration of a motor vehicle shall be $20.00.
(b)     Fees for the number plates and/or tags or emblems shall be:
    (1)    Number plate                                $5.00
    (2)    Tag or emblem                                 .50
(c)     For a registration involving a reassignment of number plates, pursuant to a request from an owner of a motor vehicle registered in the City and County of Honolulu, to another motor vehicle subsequently acquired by the owner, the fee shall be five dollars.
(d)     All fees collected under this section shall be deposited in the general fund.
(Sec. 14-2.1, R.O. 1978 (1983 Ed.); Am. Ord. 92-65, 97-42, 99-24)

Sec. 41-18.2     Fee for tag or emblem in subsequent years.
    The fee for the issuance of a tag or emblem for a motor vehicle, upon payment of the applicable tax, in any year in which the number plates do not evidence the payment of the current year's tax, shall be 50 cents. (Sec. 14-2.3, R.O. 1978 (1983 Ed.))

Sec. 41-18.3     Fees for the issuance of a new series of number plates, or replacement of lost or mutilated number plates, tags or emblems.
    The fees for the issuance of a new series of number plates, tags, or emblems shall be the same as the fees charged in Section 41-18.1. (Sec. 14-2.4, R.O. 1978 (1983 Ed.))

Sec. 41-18.4     Fee for dealer correction.
    The fee for each instance of correction of the registration records shall be ten dollars. (Sec. 14-2.6, R.O. 1978 (1983 Ed.); Am. Ord. 95-31)

Sec. 41-18.5     Fee for transfer of title.
    The fee charged to issue a new certificate of title shall be ten dollars. (Sec. 14-2.7, R.O. 1978 (1983 Ed.); Am. Ord. 95-31)

Sec. 41-18.6     Fee for duplicate certificates of title.
    The fee for duplicate certificates of title shall be ten dollars. (Sec. 14-2.8, R.O. 1978 (1983 Ed.); Am. Ord. 95-31)

    Article 19. General Provisions--Inspection Costs

Sections:
    41-19.1    Definitions.

Sec. 41-19.1     Definitions.
    Wherever used in this article and Article 20, the following words shall have the meanings herein indicated.
    "Applicant" means any person requesting inspectional services from the city.
    "Cost" means the amount to be charged by the city for overtime inspections at a rate to be recomputed annually by the director of finance based on current salaries and applicable fringe benefits for inspectors.
    "Inspection" means and includes all inspections provided for by law. (Sec. 10-1.1, R.O. 1978 (1983 Ed.))

    Article 20. Overtime Inspections
Sections:
    41-20.1    Charges.

Sec. 41-20.1     Charges.
(a)     When an applicant requests that an inspection be made during any hour after the normal working hours of an inspector in any workday or on a Saturday, Sunday or legal holiday, the applicant shall bear the cost of such inspection, and shall pay said cost to the city, prior to the final approval of any project so inspected.
(b)     The moneys so realized shall be general realizations and the same shall be deposited into the general fund.
(Sec. 10-2.1, R.O. 1978 (1983 Ed.))