(a) No person shall sit or lie on a public mall, or on a tarp, towel, sheet, blanket, sleeping bag, bedding, planter, chair, bench, or any other object or material placed upon a public mall during the following hours:
(1) College Walk Mall: Sunday through Saturday, all hours;
(2) Fort Street Mall: Sunday through Saturday from 5:00 a.m. to 10:00 p.m.;
(3) Kekaulike Mall: Sunday through Saturday from 5:00 a.m. to 7:00 p.m.;
(4) Kila Kalikimaka Mall: Sunday through Saturday, all hours;
(5) Sun Yat Sen Mall: Monday through Friday from 5:00 a.m. to 7:00 p.m.; and
(6) Union Mall: Sunday through Saturday, all hours.
(b) The prohibitions in subsection (a) shall not apply to:
(1) Any person sitting or lying on a public mall 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 mall;
(3) Any person sitting or lying on the public mall for the purpose of engaging in an expressive activity;
(4) Any person sitting on the public mall while attending or viewing any festival, performance, rally, demonstration, or similar event conducted on the public mall 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 mall;
(7) Any person sitting on a chair or bench located on the public mall that is placed there by a public agency or pursuant to permit issued by the city;
(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 mall or enter a doorway or other entrance alongside the mall; and
(9) Any person engaging in an authorized activity on the mall pursuant to a permit issued by the director of parks and recreation in accordance with department of parks and recreation rules.
(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.
College Walk Mall. Has the same meaning as “College Walk Mall” in § 13-1.1.
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.
Fort Street Mall. The portion of Fort Street established as a pedestrian mall under § 15-25.1(b).
Kekaulike Mall. The area of Kekaulike Street, between Hotel Street and King Street.
Kila Kalikimaka Mall. The area immediately adjacent to the parcel designated by TMK 1-7-026:010, from College Walk Mall to Aala Street.
Mall. When used generally in this article, means collectively the College Walk Mall, Fort Street Mall, Kekaulike Mall, Kila Kalikimaka Mall, Sun Yat Sen Mall, and Union Mall.
Sun Yat Sen Mall. Has the same meaning as “Sun Yat Sen Mall” in § 13-1.1.
Union Mall. The portion of Union Street established as a pedestrian mall under § 15-25.1(a).
(1990 Code, Ch. 29, Art. 15B, § 29-15B.1) (Added by Ord. 15-1; Am. Ord. 15-40)