(a) No person shall create, cause, or maintain an obstruction on a public sidewalk that interferes, impedes, and/or prevents the full, free, and unobstructed passage of pedestrians upon public sidewalks or interferes with the normal flow of pedestrian traffic upon a public sidewalk during the hours from 6:00 a.m. to 10:00 p.m.
(b) The prohibitions in subsection (a) do not apply to a person:
(1) Unable to comply due to suffering a medical emergency;
(2) Unable to comply due to physical or mental incapacitation;
(3) Engaging in protected expressive activity;
(4) Participating in or attending a parade, festival, performance, rally, demonstration, or similar event conducted on the street pursuant to a permit issued by the city;
(5) Acting as authorized or allowed by ordinance, permit, or regulation issued by the city and county of Honolulu;
(6) Engaged in a maintenance, repair, or construction activity on behalf of a governmental entity or a public utility; and
(7) 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.
(c) No law enforcement officer shall issue a citation, make an arrest, or otherwise enforce this section against any person unless:
(1) The law enforcement officer visually observes the interference with, impediment to, or prevention of the full, free, and unobstructed passage of pedestrians; and
(2) The officer orally requests or orders the person to refrain from the alleged violation of this section and the person fails to comply after receiving the oral request or order.
(d) For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
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.
Obstruct. To block up, stop up, or close up, or place an obstacle in or fill with obstacles or impediments that interfere with the passing of a pedestrian or to be or come in the way of a pedestrian’s free use of the sidewalk.
Obstruction. The act or condition of being obstructed, or a condition of being clogged or blocked.
Public Sidewalk. A publicly owned or maintained “sidewalk,” as 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 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. 20, § 29-20.1) (Added by Ord. 18-34)