(a) For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
City Rail Station. A city transit system facility that is part of the city rail system where passengers may board or alight from a train. The term includes the designated paid fare areas, boarding platforms, and passenger concourses.
Disability. Has the same meaning as defined in 49 CFR § 37.3.
Individual with a Disability. Has the same meaning as defined in 49 CFR § 37.3.
Multimodal Municipal Transportation Facility or City Transit System Facility. Includes all land, property, structures, or equipment for providing public transit services as part of the public transportation systems of the city. The terms include but are not limited to: bus shelters; repair and maintenance facilities; bus transit stations or centers; elevators, escalators, and adjoining stairways and ramps; rail repair and maintenance facilities; rail platforms, guideways, guideway piers, auxiliary buildings; rail transit stations or centers; turn around loops; parking installations and park and ride facilities; and passenger shelters (including the space below the roofline of any shelter), ramps, and pedestrian bridges connecting rail stations; with the primary purpose of the operation or support of a public transit vehicle or providing transportation services to passengers on a city transit system vehicle.
Service Animal. Has the same meaning as defined in 49 CFR § 37.3.
(b) It is a violation of this section for any person to engage in the following conduct while on a city transit system vehicle or at a multimodal municipal transportation facility:
(1) Carrying or possessing any live animal, except a service animal under the control of and accompanied by the individual with a disability owning the service animal or to whom the service animal has been furnished or a small animal kept in an enclosed and secured container that fits on a passenger’s lap or under the seat in a manner that does not block the aisle in the city transit system vehicle; provided that nothing in this subdivision will be construed as prohibiting a police officer from carrying or possessing an animal used for law enforcement purposes;
(2) Discarding, disposing of, placing, throwing, or dropping any litter, as defined in HRS § 339-1, except into receptacles designated for that purpose;
(3) Smoking an electronic or tobacco cigarette, cigar, pipe, or any other nicotine-containing substance, inhaling liquid vapor through use of a heated device, or carrying any heated, lighted, or smoldering substance, in any form for the purpose of delivering nicotine or nicotine-related products, but not including nicotine products used to reduce nicotine addiction that are not smoked, inhaled, or heated such as gum or patches;
(4) Carrying or possessing any flammable, combustible, explosive, corrosive, or highly toxic liquid or other substance, article, or material which is likely to cause harm to others or to emit any foul or noxious dust, mist, fume, gas, vapor, or odor; provided that nothing contained in this subdivision will be construed as prohibiting a person from carrying or possessing any match or any cigar, cigarette, or pipe lighter that is not lighted or smoldering;
(5) Using or playing any electronic device, musical instrument, or other sound-producing or sound-emitting device unless the device is connected to a headphone or earphone that limits the sound produced or emitted to the individual user; provided that nothing in this subdivision will be construed as prohibiting any authorized transit personnel from using such device for official business;
(6) Throwing or placing hot burning substances or objects such as cigars, cigarettes, or the contents of a burning pipe, in, upon, or in close proximity to any city transit system vehicle or city transit system facility that is combustible or susceptible to damage by heat, fire, or explosion;
(7) Spitting, expectorating, or urinating or defecating in, on, or from any city transit vehicle or city transit system facility; provided that nothing contained in this subdivision will be construed as applying to any person who cannot comply with this subdivision as a result of a disability, age, or a medical condition;
(8) Obstructing, impeding, hindering, interfering with, or otherwise disrupting the safe and efficient operation of any city transit system vehicle, or the performance of official duties by any authorized transit personnel working on the multimodal municipal transportation system;
(9) Harassing or intimidating others by doing any one or more of the following:
(A) Engaging in a course of conduct, including violent, threatening, or disruptive behavior or conduct, that:
(i) Is intended and likely to provoke a violent response;
(ii) Places another person in reasonable fear of imminent physical harm, including but not limited to following a person around or about a city transit system vehicle, designated paid fare area, or city transit system facility; or
(iii) Prevents or delays the movement or departure of a person through coercion or intimidation;
(B) Continuing a course of conduct that may reasonably be expected to result in fear, alarm, or serious offense to other passengers or any authorized transit personnel working on the multimodal municipal transportation system after having received a lawful directive to cease the conduct or depart the city transit system vehicle or city transit system facility by any authorized transit personnel; or
(C) Propelling saliva, mucus, blood, urine, semen, feces, or other dangerous or noxious substance at other passengers, or at any authorized transit personnel working on the multimodal municipal transportation system;
(10) Knowingly failing or refusing to pay the full applicable fare for transportation or to present a valid pass, identification card, or other permissible fare medium for transportation on or within the city transit system when boarding a city transit system vehicle, entering a city rail station, or entering a designated paid fare area;
(11) Displaying or offering for sale, selling, or distributing goods or services without prior written authorization from the department;
(12) Refusing or failing to immediately cease and desist from doing any activity in violation of this section after being requested to do so by any authorized transit personnel working on the multimodal municipal transportation system;
(13) Refusing or failing to immediately exit a city transit system vehicle or city rail station after being requested to do so by any authorized transit personnel working on the multimodal municipal transportation system;
(14) Knowingly entering or remaining unlawfully in or upon city transit system facilities or premises that:
(A) Are fenced or enclosed in a manner designed to exclude the general public; or
(B) Displays a sign giving reasonable notice and reading as follows: “Private Property- No Trespassing,” “City and County of Honolulu Property - No Trespassing,” or displaying a substantially similar message; provided that the sign must contain letters no less than 2 inches in height and be placed at reasonable intervals no less than three signs to a mile along the boundary line of the land, where applicable, or in a manner and position as to be clearly noticeable at the entrance way, from outside the boundary line; and
(15) Knowingly opening or unfastening on any city transit system vehicle, or in a multimodal municipal transportation facility or city transit system facility, any door, panel, cabinet, closet, locker, or similar vehicle or facility structure, or turning on or off or manipulating any switch, lever, or mechanism, that is prohibited from access by the general public.
(c) It is a violation of this section for any person to engage in the following conduct while on a city transit system vehicle:
(1) Consuming any form of food or beverage or carrying or possessing any food or beverage in a container other than a container that is tightly closed, covered, or packaged so as to minimize the possibility of accidental spillage when the container is shaken or dropped; provided that nothing contained in this subdivision will be construed as prohibiting the carrying or possession of groceries in a suitable bag or other container;
(2) Failing or refusing to vacate seats designated as priority seating for senior citizens and persons with a disability, or the fold down or other movable seat area designated for wheelchair securement on a multimodal municipal transportation vehicle, when requested to do so by any authorized transit personnel; provided that nothing contained in this subdivision will be construed as requiring other senior citizens or individuals with a disability to vacate seats designated as priority seating for senior citizens and individuals with a disability; and provided further, that nothing contained in this subdivision will be construed as requiring any authorized transit personnel to enforce a request that other passengers move from the priority seating area or wheelchair securement area;
(3) Occupying more than one seat, including placing objects, belongings, shoes, or feet on adjoining seats; or
(4) Storing belongings, baggage, and oversized and bulky items in the aisles of a city transit system vehicle, or in a manner that protrudes into another seat, otherwise interferes with, or causes discomfort to other passengers; provided that storage of such items in a designated storage area is authorized on city transit system vehicles equipped with designated storage areas.
(d) Carriages or Strollers.
(1) City rail vehicle. After boarding a city rail vehicle, a carrier or stroller must be folded and stowed in a manner not to impede other passengers, unless it is occupied by a child. A child may be permitted to travel on a city rail vehicle in a carriage or stroller only under the following circumstances:
(A) There is adequate space in the priority seating area for the carriage or stroller;
(B) The carriage or stroller will not block the aisle or otherwise impede passengers; and
(C) The carriage or stroller must remain under the control of an adult at all times, and, if brakes are available, parked with its brakes locked.
(2) City transit bus. After boarding a city transit bus, a child must be removed from the carriage or stroller and transferred to a seat (or held by an adult), and the carriage or stroller must be folded and stowed out of the way so that it does not impede passengers.
(3) Priority seating areas. Whenever a senior citizen or an individual with a disability wishes to sit in the priority seating area, or whenever any authorized transit personnel of the multimodal municipal transportation vehicle recognizes that the person has a right to sit in the priority seating area, the authorized transit personnel shall instruct the adult responsible for the carriage or stroller that:
(A) The child must be removed from the carriage or stroller and transferred to a seat (or held by an adult); and
(B) The carriage or stroller must be folded and stowed out of the way so that it does not impede passengers.
(e) Commercial shopping carts.
(1) A person may not bring or carry a commercial shopping cart aboard any multimodal municipal transportation vehicle. Non-commercial, individual-sized grocery storage carts not exceeding 18 inches deep, 18 inches wide and 30 inches high (excluding wheels and handles), are allowed; provided that they do not block aisles, stairways, or doorways; and provided further, that a person who transfers to a paratransit vehicle is required to comply with the policies and procedures for customer bags and luggage, including emptying the cart and consolidating the items into two small bags or small luggage to carry and hold on their lap, and having the cart secured and stowed out of the way so that it does not impede passengers.
(2) A person may not abandon a commercial shopping cart upon a multimodal municipal transportation facility.
(f) Animals.
(1) Except as provided in subdivision (2), a person may not bring or carry aboard a multimodal municipal transportation vehicle or be present in or upon a multimodal municipal transportation facility with an animal.
(2) Service animals, pets, and police dogs may be brought or carried aboard a multimodal municipal transportation vehicle or be present in or upon a multimodal municipal transportation facility; provided that:
(A) Service animals. Service animals must be under the control of their handler, be housebroken, and be restrained by a leash, harness, or other device made for the purpose of controlling the movement of an animal. A service animal may be carried on its handler’s person but may not occupy a separate seat;
(B) Pets.
(i) The animal must be kept and held at all times within an enclosed and secured container appropriate and constructed for carrying the size and type of animal;
(i) The container does not block an aisle, stairway, or doorway;
(iii) The animal can be transported without risk of injury to the animal and without risk of harm or inconvenience to other passengers or authorized transit personnel; and
(iv) The animal can be transported in accordance with this article; and
(C) Police dogs. Police dogs must be fully trained and accompanied by an officer.
(g) An authorized transit personnel may refuse to allow any person to board a city transit system vehicle when:
(1) The person appears to be intoxicated;
(2) The person is engaged in activities that, if such activities occurred in the city transit system vehicle, would violate this section or any other law; or
(3) It appears that the person intends to engage in an activity on a city transit system vehicle that is in violation of this section.
Any authorized transit personnel may refuse to transport any such person who has already boarded the city transit system vehicle or entered a city rail station, and the authorized transit personnel may cause such person to be removed from the city transit system vehicle or city rail station or facility. It is a violation of this section for a person to board a city transit system vehicle after being requested not to do so by authorized transit personnel for the reasons specified in this section.
(i) Enforcement. Any authorized police officer, upon arresting a person for a violation of this section, shall take the name and address of the alleged violator and shall issue to the alleged violator a summons or citation hereinafter described, notifying the person to answer the complaint to be entered against the person at a place and at a time provided in the summons or citation: except that, the officer may make a physical arrest in instances when:
(1) The alleged violator refuses to provide the police officer with such person’s name and address or any proof thereof as may be reasonably available to the alleged violator;
(2) The alleged violator fails or refuses to immediately cease and desist from a prohibited activity or to immediately exit the city transit system vehicle or city rail station, as determined by an authorized transit personnel, or a police officer if the officer is on the city transit system vehicle, after the alleged violator is issued a summons or citation; or
(3) The alleged violator has previously been issued a summons or citation for a substantially similar offense within a one-year period.
(j) There will be provided for use by police officers and other duly authorized special officers, including but not limited to contracted security officers and agents of the city transit system, a form of summons or citation for use in citing violators of this article where the circumstances do not mandate the physical arrest of the violators. The form of the summons or citation will be 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 rules of the State of Hawaii and the city. The form and content of the summons or citation will be adopted or prescribed by the administrative judge of the district court; provided that the administrative judge may approve the use of a form of summons or citation previously adopted or prescribed for other offenses and the approval will be deemed to meet the requirements of this subsection. In every case where a citation is issued, the original of the citation must be given to the alleged violator; provided that the administrative judge of the district court may prescribe that the alleged violator be given a copy of the citation and provide for the disposition of the original and any other copies. Citations must be consecutively numbered, and each copy must bear the same number as the original.
(k) This article is in addition to and in no way limits any other federal, State, or city law, ordinance, or rule.
(Sec. 28-3.1, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 13, Art. 3, § 13-3.1) (Am. Ords. 91-27, 96-67, 97-02, 03-27, 06-52, 07-13, 08-20, 23-21)