(a) No person shall sit or lie on a public sidewalk, or on a tarp, towel, sheet, blanket, sleeping bag, bedding, planter, chair, bench, or any other object or material placed upon a public sidewalk located within or immediately abutting the following described zones, or upon the public sidewalks on both sides of the following described street segments, or where specified in this section, on the expanded sidewalk area, during the hours from 5:00 a.m. to 11:00 p.m.:
(1) Chinatown. The Chinatown zone is the area of the city bounded by the following streets as illustrated in Exhibit 1, set forth at the end of this article:
(A) Starting at the intersection of Nimitz Highway/River Street;
(B) River Street to the intersection of River Street/Vineyard Boulevard;
(C) Vineyard Boulevard to the intersection of Vineyard Boulevard/Nuuanu Avenue;
(D) Nuuanu Avenue to Nimitz Highway; and
(E) Nimitz Highway to the intersection of Nimitz Highway/River Street;
(2) Downtown. The Downtown zone is the area of the city bounded by the following streets as illustrated in Exhibit 2, set forth at the end of this article:
(A) Starting at the intersection of Nimitz Highway/Nuuanu Avenue;
(B) Nuuanu Avenue to the intersection of Nuuanu Avenue/South Vineyard Boulevard;
(C) South Vineyard Boulevard to the intersection of South Vineyard Boulevard/Punchbowl Street;
(D) Punchbowl Street to the intersection of Punchbowl Street/South Beretania Street;
(E) South Beretania Street to the intersection of South Beretania Street/Richards Street;
(F) Richards Street to the intersection of Richards Street/Halekauwila Street;
(G) Halekauwila Street to the intersection of Halekauwila Street/Nimitz Highway/Ala Moana Boulevard, and
(H) Nimitz Highway/Ala Moana Boulevard to the intersection of Nimitz Highway/Nuuanu Avenue;
(3) McCully-Moiliili. The McCully-Moiliili zone is the area of the city bounded by the following streets as illustrated in Exhibit 3, set forth at the end of this article:
(A) Starting at the intersection of South Beretania Street/McCully Street;
(B) McCully Street to the intersection of McCully Street/Algaroba Street;
(C) Algaroba Street to the intersection of Algaroba Street/Makahiki Way;
(D) Makahiki Way to the intersection of Makahiki Way/South King Street;
(E) South King Street to the intersection of South King Street/Isenberg Street;
(F) Isenberg Street to the intersection of Isenberg Street/South Beretania Street; and
(G) South Beretania Street to the intersection of South Beretania Street/McCully Street;
The McCully-Moiliili zone also includes the sidewalks abutting the following street segments:
(H) University Avenue beginning at the intersection of University Avenue/South Beretania Street/South King Street and ending at University Avenue/Varsity Place;
(I) South Beretania Street beginning at the intersection of South Beretania Street/McCully Street and ending at the intersection of South Beretania Street/University Avenue;
(J) South King Street beginning at the intersection of South King Street/Makahiki Way and ending at the intersection of South King Street/University Avenue;
(K) McCully Street beginning at the intersection of South Beretania Street/McCully Street and ending at the intersection of McCully Street/Algaroba Street; and
(L) Makahiki Way beginning at the intersection of Algaroba Street/Makahiki Way and ending at the intersection of Makahiki Way/South King Street;
(4) Kailua. The Kailua zone is the area of the city bounded by the following streets as illustrated in Exhibit 4, set forth at the end of this article:
(A) Starting at the intersection of Kainehe Street/Kihapai Street;
(B) Kihapai Street to the intersection of Kihapai Street/Oneawa Street;
(C) Oneawa Street to the intersection of Oneawa Street/Uluniu Street;
(D) Uluniu Street to the intersection of Uluniu Street/Maluniu Avenue;
(E) Maluniu Avenue to the intersection of Maluniu Avenue/Kuulei Road;
(F) Kuulei Road to the intersection of Kuulei Road/Oneawa Street/Kailua Road;
(G) Oneawa Street/Kailua Road to the intersection of Kailua Road/Hahani Street;
(H) Hahani Street to the intersection of Hahani Street/Hekili Street;
(I) Hekili Street to the intersection of Hekili Street/Hamakua Drive/Kainehe Street; and
(J) Hamakua Drive/Kainehe Street to the intersection of Kainehe Street/Kihapai Street;
The Kailua zone also includes the sidewalks abutting the following street segments:
(K) Oneawa Street beginning at the intersection of Oneawa Street/Kawainui Street and ending at the intersection of Oneawa Street/Ulunui Street; and
(L) Hamakua Drive beginning at the intersection of Hamakua Drive/Hahani Street and ending at the intersection of Hamakua Drive/Aoloa Street;
(5) Wahiawa. The Wahiawa zone is the area of the city bounded by the following streets as illustrated in Exhibit 5, set forth at the end of this article:
(A) Starting at the intersection of Kilani Avenue/Kukui Street;
(B) Kukui Street to the intersection of Kukui Street/California Avenue;
(C) California Avenue to the intersection of California Avenue/Ohai Street;
(D) Ohai Street to the intersection of Ohai Street/Olive Avenue;
(E) Olive Avenue to the intersection of Olive Avenue/Walker Avenue;
(F) Walker Avenue to the intersection of Walker Avenue/California Avenue;
(G) California Avenue to the intersection of California Avenue/Lehua Street;
(H) Lehua Street to the intersection of Lehua Street/Center Street;
(I) Center Street to the intersection of Center Street/North Cane Street;
(J) North Cane Street to the intersection of North Cane Street/Kilani Avenue; and
(K) Kilani Avenue to the intersection of Kilani Avenue/Kukui Street;
The Wahiawa zone also includes the sidewalks abutting the following street segments:
(L) North Cane Street at the intersection of Center Street/North Cane Street to the intersection of North Cane Street/California Avenue; and
(M) California Avenue at the intersection of California Avenue/North Cane Street to the entrance to Wahiawa District Park parking lot;
(6) Ala Moana-Sheridan. The Ala Moana-Sheridan zone is composed of two zones, Zone A and Zone B.
Ala Moana-Sheridan Zone A. Ala-Moana Sheridan Zone A is the area of the city bounded by the following streets as illustrated in Exhibit 6-A, set forth at the end of this article:
(A) Starting at the intersection of South Beretania Street/Victoria Street;
(B) Victoria Street to the intersection of Victoria Street/South King Street;
(C) South King Street to the intersection of South King Street/Hauoli Street;
(D) Hauoli Street to the intersection of Hauoli Street/Algaroba Street;
(E) Algaroba Street to the intersection of Algaroba Street/McCully Street;
(F) McCully Street to the intersection of McCully Street/South Beretania Street;
(G) South Beretania Street to the intersection of South Beretania Street/Artesian Street;
(H) Artesian Street to the intersection of Artesian Street/South King Street;
(I) South King Street to the intersection of South King Street/Kalakaua Avenue;
(J) Kalakaua Avenue to the intersection of Kalakaua Avenue/South Beretania Street; and
(K) South Beretania Street to the intersection of South Beretania Street/Victoria Street;
Ala Moana-Sheridan Zone B. Ala Moana-Sheridan Zone B is the area of the city bounded by the following streets as illustrated in Exhibit 6-B, set forth at the end of this article:
(L) Starting at the intersection of South King Street/Cedar Street;
(M) South King Street to the intersection of South King Street/Kaheka Street;
(N) Kaheka Street to the intersection of Kaheka Street/Liona Street;
(O) Liona Street to the intersection of Liona Street/Keeaumoku Street;
(P) Keeaumoku Street to the intersection of Keeaumoku Street/Makaloa Street;
(Q) Makaloa Street to the intersection of Makaloa Street/Kaheka Street;
(R) Kaheka Street to the intersection of Kaheka Street/Kanunu Street;
(S) Kanunu Street to the intersection of Kanunu Street/Kalakaua Avenue;
(T) Kalakaua Avenue to the intersection of Kalakaua Avenue/Kapiolani Boulevard;
(U) Kapiolani Boulevard to the intersection of Kapiolani Boulevard/Piikoi Street;
(V) Piikoi Street to the intersection of Piikoi Street/Makaloa Street;
(W) Makaloa Street to the intersection of Makaloa Street/Sheridan Street;
(X) Sheridan Street to the intersection of Sheridan Street/Rycroft Street;
(Y) Rycroft Street to the intersection of Rycroft Street/Cedar Street; and
(Z) Cedar Street to the intersection of Cedar Street/South King Street;
The Ala Moana-Sheridan Zone B also includes the sidewalks abutting the following street segment:
(AA) Keeaumoku Street beginning at the intersection of Keeaumoku Street/Liona Street and ending at the intersection of Keeaumoku Street/Makaloa Street;
(7) Kaneohe. The Kaneohe zone is composed of two zones, Zone A and Zone B.
Kaneohe Zone A. Kaneohe Zone A is the area of the city bounded by the following streets as illustrated in Exhibit 7-A, set forth at the end of this article:
(A) Starting at the intersection of Kamehameha Highway/Kahuhipa Street;
(B) Kamehameha Highway to the intersection of Kamehameha Highway/Haiku Road;
(C) Haiku Road to the intersection of Haiku Road/Alaloa Street;
(D) Alaloa Street to the intersection of Alaloa Street/Kahuhipa Street; and
(E) Kahuhipa Street to the intersection of Kahuhipa Street/Kamehameha Highway;
The Kaneohe Zone A also includes the sidewalks abutting the following street segments:
(A) Kamehameha Highway beginning at the intersection of Kamehameha Highway/Kahuhipa Street/Lilipuna Road and ending at the intersection of Kamehameha Highway/Paleka Road/Waikalua Road; and
(B) Lilipuna Road beginning at the intersection of Lilipuna Road/Kahuhipa Street/Kamehameha Highway and ending at the intersection of Lilipuna Road/Cobb Adams Road;
Kaneohe Zone B. Kaneohe Zone B is the area of the city bounded by the following streets as illustrated in Exhibit 7-B, set forth at the end of this article:
(H) Starting at the intersection of Kamehameha Highway/Likelike Highway/Kaneohe Bay Drive;
(I) Kamehameha Highway to the intersection of Kamehameha Highway/Koa Kahiko Street;
(J) Koa Kahiko Street to the intersection of Koa Kahiko Street/Aumoku Street;
(K) Aumoku Street to the intersection of Aumoku Street/Kaneohe Bay Drive; and
(L) Kaneohe Bay Drive to the intersection of Kaneohe Bay Drive/Kamehameha Highway/Likelike Highway;
(8) Waimanalo. The Waimanalo zone is the area of the city bounded by the following streets as illustrated in Exhibit 8, set forth at the end of this article:
(A) Starting at the intersection of Kalanianaole Highway/Mekia Street;
(B) Mekia Street to the intersection of Mekia Street/Lukanela Street;
(C) Lukanela Street to the intersection of Lukanela Street/Poalima Street;
(D) Poalima Street to the intersection of Poalima Street/Kalanianaole Highway; and
(E) Kalanianaole Highway to the intersection of Kalanianaole Highway/Mekia Street;
(9) Kapahulu. The Kapahulu street segments include the following streets as illustrated in Exhibit 9, set forth at the end of this article:
(A) The eastern side of Kapahulu Avenue beginning at the intersection of Kapahulu Avenue/Leahi Avenue and ending 200 feet to the north of the intersection of Kapahulu Avenue/Herbert Street;
(B) Kapahulu Avenue beginning 200 feet to the north of the intersection of Kapahulu Avenue/Herbert Street and ending at the intersection of Kapahulu Avenue/Olu Street;
(C) The eastern side of Kapahulu Avenue beginning at the intersection of Kapahulu Avenue/Olu Street and ending at the intersection of Kapahulu Avenue/Charles Street;
(D) Kapahulu Avenue beginning at the intersection of Kapahulu Avenue/Charles Street and ending 100 feet north of the intersection of Kapahulu Avenue/Charles Street;
(E) The eastern side of Kapahulu Avenue beginning 100 feet to the north of the intersection of Kapahulu Avenue/Charles Street and ending at the intersection of Kapahulu Avenue/Kaimuki Avenue;
(F) Kapahulu Avenue beginning at the intersection of Kapahulu Avenue/Kaimuki Avenue and ending at the intersection of Kapahulu Avenue/Waialae Avenue;
(G) Campbell Avenue beginning at the intersection of Campbell Avenue/Kapahulu Avenue and ending at the intersection of Campbell Avenue/Brokaw Street;
(H) Kanaina Avenue beginning at the intersection of Kanaina Avenue/Kapahulu Avenue and ending at the intersection of Kanaina Avenue/Brokaw Street;
(I) Herbert Street beginning at the intersection of Herbert Street/Kapahulu Avenue and ending at the intersection of Herbert Street/Campbell Avenue;
(J) Castle Street beginning at the intersection of Castle Street/Kapahulu Avenue and ending at the intersection of Castle Street/Campbell Avenue; and
(K) Brokaw Street beginning at the intersection of Brokaw Street/Kanaina Avenue and ending at the intersection of Brokaw Street/Campbell Avenue;
(10) Kaimuki. The Kaimuki street segments include the following streets as illustrated in Exhibit 10, set forth at the end of this article:
(A) Kapiolani Boulevard beginning at the intersection of Kapiolani Boulevard/Kaimuki Avenue and ending at the intersection of Kapiolani Boulevard/Waialae Avenue;
(B) Waialae Avenue beginning at the intersection of Waialae Avenue/Kapiolani Boulevard and ending at the intersection of Waialae Avenue/Palolo Avenue;
(C) The northern side of Waialae Avenue beginning at the intersection of Waialae Avenue/Palolo Avenue and ending at the intersection of Waialae Avenue/6th Avenue;
(D) Waialae Avenue, beginning at the intersection of Waialae Avenue/7th Avenue and ending at the intersection of Waialae Avenue/10th Avenue;
(E) The northern side of Waialae Avenue beginning at the intersection of Waialae Avenue/10th Avenue and ending at the intersection of Waialae Avenue/11th Avenue;
(F) Waialae Avenue beginning at the intersection of Waialae Avenue/11th Avenue and ending at the intersection of Waialae Avenue/Koko Head Avenue;
(G) The northern side of Waialae Avenue beginning at the intersection of Waialae Avenue/Koko Head Avenue and ending 200 feet east of the intersection of Waialae Avenue/Wilhelmina Rise;
(H) The eastern side of 11th Avenue beginning at the intersection of 11th Avenue/Waialae Avenue and ending at the intersection of 11th Avenue/Harding Avenue;
(I) 12th Avenue beginning at the intersection of 12th Avenue/Waialae Avenue and ending at the intersection of 12th Avenue/Harding Avenue;
(J) Harding Avenue from the intersection of Harding Avenue/11th Avenue to the intersection of Harding Avenue/Koko Head Avenue; and
(K) The western side of Koko Head Avenue beginning at the intersection of Koko Head Avenue/Harding Avenue and ending at the intersection of Koko Head Avenue/Waialae Avenue;
(11) Kahala. The Kahala street segments include the following streets as illustrated in Exhibit 11, set forth at the end of this article:
(A) The southern side of Waialae Avenue beginning at the intersection of Waialae Avenue/21st Avenue and ending at the intersection of Waialae Avenue/Hunakai Street;
(B) Waialae Avenue beginning at the intersection of Waialae Avenue/Hunakai Street and ending 650 feet to the east of the intersection of Waialae Avenue/Hunakai Street;
(C) The southern side of Waialae Avenue beginning 650 feet to the east of the intersection of Waialae Avenue/Hunakai Street and ending at the intersection of Waialae Avenue/Kealaolu Avenue;
(D) The northern side of Waialae Avenue beginning at the intersection of Waialae Avenue/Kilauea Avenue and ending at the Waialaenui Gulch Stream Bridge crossing;
(E) The eastern side of Hunakai Street beginning at the intersection of Hunakai Street/Waialae Avenue and ending at the Kahala Mall parking lot entrance via Hunakai Street; and
(F) The western side of Kilauea Avenue beginning at the intersection of Kilauea Avenue/Waialae Avenue and ending at the intersection of Kilauea Avenue/Pahoa Avenue;
(12) Aina Haina-Niu Valley. The Aina Haina-Niu Valley street segments include the following streets as illustrated in Exhibit 12, set forth at the end of this article:
(A) The northern side of Kalanianaole Highway from 400 feet west of the intersection of Kalanianaole Highway/West Hind Drive to 600 feet east of the intersection of Kalanianaole Highway/West Hind Drive; and
(B) The northern side of Kalanianaole Highway from the intersection of Kalanianaole Highway/Niuiki Circle to the intersection of Kalanianaole Highway/Halemaumau Street;
(13) Hawaii Kai. The Hawaii Kai street segments include the following streets as illustrated in Exhibit 13, set forth at the end of this article:
(A) The northern side of Kalanianaole Highway from the intersection of Kalanianaole Highway/Keahole Street to the Hawaii Kai Marina Bridge;
(B) The southeastern side of Keahole Street from the intersection of Keahole Street/Kalanianaole Highway to the northernmost entrance to the Hawaii Kai Towne Center parking lot via Keahole Street;
(C) The northern side of Kalanianaole Highway from the intersection of Kalanianaole Highway/Lunalilo Home Road to the westernmost entrance to the Koko Marina Center parking lot via Kalanianaole Highway;
(D) The western side of Lunalilo Home Road from the intersection of Lunalilo Home Road/Kalanianaole Highway to 200 feet north of the intersection of Lunalilo Home Road/Kaumakani Street; and
(E) The northern side of Hawaii Kai Drive from the intersection of Hawaii Kai Drive/Pepeekeo Street to the Hahaione Valley Stream Bridge;
(14) Aala. The Aala zone is the area of the city bounded by the following streets as illustrated in Exhibit 14, set forth at the end of this article:
(A) Starting at the intersection of Aala Street and North Beretania Street;
(B) Aala Street to the intersection of Aala Street/North Vineyard Boulevard;
(C) North Vineyard Boulevard to the intersection of North Vineyard Boulevard/River Street;
(D) River Street to the intersection of River Street/North Beretania Street; and
(E) North Beretania Street to the intersection of North Beretania Street/Aala Street;
The Aala zone also includes the sidewalks abutting the following street segments:
(F) North Beretania Street beginning at the intersection of North Beretania Street/North King Street and ending at the intersection of North Beretania Street/River Street;
(G) River Street beginning at the intersection of River Street/North Beretania Street and ending at the intersection of River Street/North King Street;
(H) North King Street beginning at the intersection of North King Street/River Street and ending at the intersection of North King Street/North Beretania Street;
(I) North Hotel Street beginning at the intersection of North Hotel Street/North King Street and ending at the intersection of North Hotel Street/River Street; and
(J) The entire length of Aala Place;
(15) Kapalama. The Kapalama street segments include the following streets as illustrated in Exhibit 15, set forth at the end of this article, and the expanded sidewalk areas along those streets:
(A) Kohou Street beginning at the intersection of Kohou Street/Olomea Street and ending at the intersection of Kohou Street/Kalani Street;
(B) Kokea Street beginning at the intersection of Kokea Street/Olomea Street and ending at the southern terminus of Kokea Street;
(C) The portion of Pacific Street as illustrated in Exhibit 15;
(D) The western side of Kanoa Street beginning at the intersection of Kanoa Street/Pua Lane and ending at the intersection of Kanoa Street/Palama Street;
(E) The northern side of Pua Lane beginning at the intersection of Pua Lane/Kanoa Street and ending at the intersection of Pua Lane/North King Street; and
(F) North King Street beginning at the intersection of North King Street/Pua Lane and ending at the intersection of North King Street/Palama Street;
(16) Kalihi. The Kalihi zone is the area of the city bounded by the following streets as illustrated in Exhibit 16, set forth at the end of this article:
(A) Starting at the intersection of Waiakamilo Road/North King Street;
(B) North King Street to the intersection of North King Street/Kohou Street;
(C) Kohou Street to the intersection of Kohou Street/Dillingham Boulevard;
(D) Dillingham Boulevard to the intersection of Dillingham Boulevard/Waiakamilo Road; and
(E) Waiakamilo Road to the intersection of Waiakamilo Road/North King Street;
(17) Iwilei. The Iwilei street segments include the following streets as illustrated in Exhibit 17, set forth at the end of this article:
(A) Iwilei Road beginning at the intersection of Iwilei Road/Pacific Street and ending at the intersection of Iwilei Road/North King Street;
(B) The entire length of the segment of roadway connecting the Ewa- bound lanes of North Nimitz Highway to Iwilei Road, as illustrated in Exhibit 17;
(C) Sumner Street beginning at the intersection of Sumner Street/Pine Street and ending at the intersection of Sumner Street/North Nimitz Highway;
(D) The entire length of Pine Street;
(E) The entire length of Kuwili Street;
(F) The entire length of Kaaahi Street;
(G) The entire length of Kaamahu Place; and
(H) The entire length of Kaaahi Place; and
(18) Dillingham. The Dillingham street segments includes the following portions and sides of Dillingham Boulevard as illustrated in Exhibit 18, set forth at the end of this article:
(A) The southern side of Dillingham Boulevard beginning at the intersection of Dillingham Boulevard/Puuhale Road and ending at the intersection of Dillingham Boulevard/North King Street;
(B) The northern side of Dillingham Boulevard beginning at the intersection of Dillingham Boulevard/Puuhale Road and ending at the intersection of Dillingham Boulevard/Mokauea Street; and
(C) The northern side of Dillingham Boulevard beginning 275 feet west of the intersection of Dillingham Boulevard/Waiakamilo Road and ending at the intersection of Dillingham Boulevard/North King Street.
(b) The prohibitions in subsection (a) shall not apply to:
(1) Any person sitting or lying on a sidewalk due to a medical emergency;
(2) Any person who, as a result of a disability, is using a wheelchair or other similar wheeled chair device to move about the public sidewalk;
(3) Any person sitting or lying on a sidewalk for the purpose of engaging in an expressive activity;
(4) Any person sitting on a sidewalk while attending or viewing any parade, festival, performance, rally, demonstration, or similar event conducted on the street pursuant to a permit issued by the city;
(5) Any person engaged in a maintenance, repair, or construction activity on behalf of a governmental entity or a public utility;
(6) Any child who is sitting or lying in a baby carriage, stroller, or carrier, or similar device, to move about the public sidewalk;
(7) Any person sitting on a chair or bench located on the public sidewalk that is placed there by a public agency;
(8) Any person sitting in line for goods or services, unless the person or person’s possessions impede the ability of pedestrians to travel along the length of the sidewalk or enter a doorway or other entrance alongside the sidewalk; or
(9) Sitting or lying on a public sidewalk in a designated geographic area regulated by separate ordinance enactment.
(c) No person shall be cited for a violation of this section, unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section.
(d) For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
Expanded Sidewalk Area. The unpaved public property immediately abutting a public sidewalk that extends 10 feet away from the sidewalk from the edge of the sidewalk farthest from the roadway.
Expressive Activity. Speech or conduct, the principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of political, religious, philosophical, or ideological opinions, views, or ideas, and for which no fee is charged or required as a condition of participation in or attendance
at such activity. Expressive activity generally would not include sports events, such as marathons; fundraising events; beauty contests; commercial events; cultural celebrations or other events the principal purpose of which is entertainment.
Public Sidewalk. A publicly owned or maintained “sidewalk,” defined in § 13-1.1, and includes a “replacement sidewalk” as defined in that section. Where the property line adjacent to a public sidewalk is not clearly established, then for the purposes of this article, the sidewalk is deemed to extend 10 feet away from the roadway from the curb line or pavement of the roadway.
(1990 Code, Ch. 29, Art. 15A, § 29-15A.2) (Added by Ord. 14-35; Am. Ords. 15-14, 17-15, 17-41, 20-15, 23-8)