Government and private agencies described in § 41-12.4(b) and (c) shall be subject to the following conditions, relative to the purchase, use, storage, possession, transportation, and other requirements in connection with obnoxious substances.
(a) The chief of police, upon application by an agency, shall determine that the possession, discharge, use, and transportation of the devices are necessary due to the nature of the services performed by the agency. The chief of police shall have the sole authority to designate the specific service or services for which there is a necessity for the use of such devices. The devices shall be used only in connection with the performance of the service or services designated.
(b) After the determination and designation, the agency shall submit a list of names of employees whom the agency intends shall possess, discharge, use, and transport the devices. The chief of police shall issue a permit to the individual employee upon finding that the employee:
(1) Is of good moral character;
(2) Is of the age of 20 years or more;
(3) Has not been convicted in this State or elsewhere of a crime of violence or of the illegal use, possession, or sale of narcotics; and
(4) Has not been adjudged insane.
The agency shall cooperate in providing all such evidence as to fitness of the employee as may be required by the chief of police in making the foregoing findings. The permit furnished by the chief of police shall be carried on the employee’s person whenever the employee has in the employee’s possession any of the devices.
(c) Upon making the determination in subsections (a) and (b) favorable to the requesting agency, the chief of police shall issue to the agency a permit authorizing it to purchase, own, and control the specified device or devices capable of emitting obnoxious substances listed thereon which devices shall at all times remain subject to the exclusive ownership and control of the agency. A copy of all permits shall be retained on file at the Honolulu police department.
(d) All devices emitting obnoxious substances owned by an agency except those enumerated in § 41-12.3(c) that may be secured in a locked compartment in the agency vehicle shall be stored at a single location which is under the exclusive control of the agency and approved by the chief of police. The issuance and reissuance of the devices shall be only to employees authorized pursuant to subsection (b) according to controls approved by the chief of police. In addition, an accurate record of the issuance and turn in of all the devices as well as the number of such devices in the possession of each employee and the number in possession of the agency will be kept by the agency.
(e) The possession and transportation of the devices by an employee shall be, unless otherwise provided, restricted to:
(1) Transportation between the place of storage and the place of performance of the approved service;
(2) The location where the services for which the use of such devices was approved and are being performed; and
(3) Transportation from one place of performance of an approved service to another, if during the course of the employee’s duties the employee is required to provide services at more than one place.
(f) The employee shall discharge or use the devices only in the scope of the employee’s employment and only when reasonably necessary to perform the same.
(g) The agency will be liable for the negligent use or misuse of all devices under its control whether such devices are being used by its employees within the scope of their employment; provided that the penalty provision of § 41-12.9 shall not apply to the agency for the unlawful acts of its employees, unless the same are permitted or induced by the actions of the agency.
(h) The records and procedures for the possession, use, and transportation of such devices shall be subject to inspection by the chief of police from time to time.
(Sec. 13-16.6, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 40, Art. 2, § 40-2.6)