For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
Chief. The chief of police of the Honolulu police department or the chief’s designee.
Chinatown Area. The area generally bounded by Nuuanu Stream, Vineyard Boulevard, and Bishop Street, extended to meet Vineyard Boulevard and Honolulu Harbor.
General Area. Includes a district, subdistrict, neighborhood, street, or intersection.
Illumination. Making visible details not visible to the naked eye because of poor lighting conditions.
Law Enforcement Official. An officer of the Honolulu police department; a similar officer or a criminal investigator employed by any federal, State, or local government agency; the attorney general, the prosecuting attorney, the corporation counsel or any of their deputies; or a similar attorney employed by any federal, State, or local government agency for purposes of criminal prosecutions.
Legitimate Law Enforcement Objective. The detection, investigation, prevention, or deterrence of crime, protection of a person or property from harm, or the apprehension and prosecution of a suspected criminal or traffic violator. An action is “reasonably likely to achieve a legitimate law enforcement objective” if there is an articulable reason for concluding that one of these objectives may be met by taking the action.
Legitimate Public Purpose. The detection, investigation, prevention, or deterrence of violations of federal, State, or city regulatory requirements, the evaluation of city programs and operations, the training of city personnel, the investigation of claims involving the city, and other activities supporting public functions. An action is “reasonably likely to achieve a legitimate public purpose” if there is an articulable reason for concluding that one of these objectives may be met by taking the action.
Officer. An officer of the Honolulu police department.
Overt Monitoring. Monitoring of which a reasonable person would be aware.
Private Activity, Condition, or Location. Any activity, condition, or location when the place where it occurs or exists and other relevant considerations afford it a constitutionally protected reasonable expectation of privacy with respect to the person asserting the claim of an expectation of privacy. A place is “private” if physical entry therein would be an intrusion upon the constitutionally protected reasonable expectation of privacy of the person asserting the claim of an expectation of privacy. The term private activity, condition, or location shall not be deemed to include any streets, sidewalks, or other places owned or controlled by the city or another governmental entity or streets, sidewalks, or other places owned or controlled by private entities, but open to the general public.
Public Activity. Any activity, condition, or location that is not a private activity, condition, or location.
Public Buildings or Other Facilities. Any buildings or other facilities or portion thereof owned or controlled by the city whether such buildings or other facilities or portions thereof are managed by the city or a private entity, including but not limited to the sidewalks, driveways, and grounds immediately adjacent to public buildings or other facilities
Responsible City Official. The chief with respect to the overt video monitoring of public activity from fixed locations to be implemented pursuant to § 2-32.3(a)(1), (2), and (5), the director and chief engineer of facility maintenance with respect to the overt video monitoring of public activity from fixed locations to be implemented pursuant to § 2-32.3(a)(3), and the director of transportation services with respect to overt video monitoring of public activity from fixed locations to be implemented pursuant to § 2-32.3(a)(4). For purposes of § 2-32.4, responsible city official means the chief or the head of any other city department or agency.
Telescopic. Making visible details not visible to the naked eye because of distance.
Video Monitoring. The use of a lawfully positioned camera as a means of viewing or recording activities, conditions, or locations other than those occurring within the sight or immediate vicinity of the person conducting the video monitoring.
Video Monitoring Tapes. Includes any film, photographs, slides, videotapes, diskettes, or other recorded representations resulting from overt video monitoring of public activity.
(1990 Code, Ch. 2, Art. 32, § 2-32.1) (Added by Ord. 98-59)