For the purposes of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future. Words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
Animal. Includes every living creature.
Chief of Police. The chief of police of the city or the chief’s authorized representative.
Chinatown. The area of the Chinatown special district as described in § 21-9.60-2.
College Walk Mall. The portion of College Walk established as a pedestrian mall under § 15-25.1(c).
Curbside Teller. Any structure that encroaches in whole or in part over or on a public sidewalk and is used to assist patrons of financial institutions to deposit funds or otherwise transact business with these institutions.
Director of Budget and Fiscal Services. The director of budget and fiscal services of the city or the director’s authorized representative.
Freight Chute. A shaft with or without an inclined plane extended downwards from the surface of a public sidewalk intended for the transportation of freight and goods.
Freight Elevator. An appliance or mechanism designed primarily for the transportation of freight and goods from the surface level of the sidewalk downwards and return.
Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
Litter. “Garbage,” “refuse,” and “rubbish” as defined in this section and all other waste material, which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety, and welfare.
Mall. Any public thoroughfare, other than a sidewalk as defined in this section, which is under the control or jurisdiction of the city and intended exclusively or primarily for the use of pedestrians.
Mobility Device. A wheelchair, crutch, cane, walker, or device that functions similarly to allow an injured or disabled person increased mobility for sidewalk travel.
Newspaper of General Circulation. A newspaper of a State, county, or city, published for the dissemination of local or telegraphic news and intelligence of a general character, having a subscription list of paying subscribers, and established, printed, and published at regular intervals in such State or city, and reaching all classes of the public.
Newsstand. Any appliance, structure, instrument, or stand used for the vending or distribution of newspapers.
Nonprofit Organization. A nonprofit corporation qualifying as such under HRS Chapter 414D or any other society, association, corporation, or other organization engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes whose charter or other enabling act contains provisions to the effect that such organization is not organized for profit; none of its stock or any part of its assets, income or earnings will be issued or distributed to its members, directors, or officers, except for services actually rendered to the organization; and upon dissolution, its assets shall be distributed to another nonprofit corporation, society, association, or organization engaged in one or more of the benevolent purposes listed herein.
Park. Has the same meaning as “public park” as defined in § 10-1.1.
Peddle or Peddling. The sale or offer for sale, the renting or offer for rent, or the display for sale or rent of any goods, wares, merchandise, foodstuffs, or other kinds of property or services. The term shall include but not be limited to the solicitation of orders or making of referrals on a public place for the future sale, delivery, or performance of property or services in a place other than a public place as part of a scheme to evade Article 6.
Pedestrian. A person who is on foot or assisted by a mobility device and able to move immediately to accommodate other sidewalk users.
Pedestrian Use Zone. The portion of the width of a sidewalk that extends toward the street up to 8 feet from the adjacent private or public property line bordering the sidewalk opposite the curb; provided that the pedestrian use zone also constitutes the portion of the width of a replacement sidewalk that is up to 8 feet from the replacement sidewalk’s edge furthest from the street.
Person. Has the same meaning as defined in HRS § 1-19.
Private Premises. Any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox, belonging or appurtenant to, such dwelling, house, building, or other structure.
Public Place. Any and all:
(1) Publicly owned or maintained streets, sidewalks, boulevards, alleys, or other ways open to the general public;
(2) Publicly owned or maintained parks, beaches, squares, spaces, grounds, malls, buildings, or other places open to the general public; or
(3) Privately owned or maintained streets, sidewalks, boulevards, and alleys open to the general public.
Public Telephone Enclosure. Any enclosure constructed or installed for the specific purpose of enclosing a telephone available for the general use of the public with or without charge and operated under franchise as provided by law. The term shall also include the contents of the enclosure and any appurtenant equipment or cables attached thereto.
Refuse. All putrescible and nonputrescible solid wastes, including animal body wastes, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
Replacement Sidewalk. A pedestrian passageway that crosses private property pursuant to a public easement, usually resulting from obstructions on public land that require pedestrians to pass across adjacent private property.
Rubbish. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials.
Sidewalk. That portion of a street between a curb line or the pavement of a roadway, and the adjacent private or public property line, whichever the case may be, intended for the use of pedestrians, including any setback areas acquired by the city for road widening purposes.
Stored Personal Property. Any and all tangible personal property, including items, goods, materials, merchandise, furniture, equipment, fixtures, structures, clothing, and household items:
(1) That has been placed on public property for more than 24 hours whether attended or unattended; or
(2) That remains in a park after park closure hours
without authorization by statute, ordinance, permit, regulation, or other authorization by the city or State. The term shall not include any vehicle as defined in HRS § 291C-1, any vessel as defined in HRS § 200-23, or any property subject to HRS Chapter 523A.
Street. The entire width between the property lines of every way publicly owned and maintained when part thereof is open to the use of the public for purposes of vehicular travel or any private street, highway, or thoroughfare, which, for more than five years, has been continuously used by the general public.
Sun Yat Sen Mall. The portion of River Street established as a pedestrian mall under § 15-25.1(c).
Urban Zone. Includes the Ala Moana/Kakaako, Downtown, Kalihi, McCully/Moiliili/Makiki, and Waikiki districts, as described in § 13-18.2 and includes the sidewalks on both sides of the streets, avenues, boulevards, highways, roads and drives within those districts and those marked as the district boundaries.
Vehicle. Every device in, upon, or by which, any person or property is, or may be, transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
(Sec. 26-1.1, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 29, Art. 1, § 29-1.1) (Am. Ords. 96-58, 02-51, 03-26, 10-26, 11-29)