Committee forwards Bill 82 to council to limit roadway solicitation, retain fines

Chair James Eustace opened the Policy Committee on Public Works and Mass Transit meeting and the committee voted to forward Bill 82 to the full council with a favorable recommendation.

Bill 82, introduced by Council member Inaba, would amend Hawaii County Code chapter 24, article 9 (pedestrians) to prohibit a person from entering a roadway, obstructing traffic, or approaching moving vehicles "for the purpose of receiving or soliciting employment, business, or any other goods or services with the occupant of the vehicle unless it's legally stopped," according to the text read at the committee meeting.

Council member Holaka Inaba told the committee the measure is a revised version of an earlier ordinance that the mayor vetoed following legal guidance after final action. Inaba said the revised bill was drafted with input from Deputy Corporation Counsel Cody Friends and the ACLU of Hawaii. "This bill essentially is to ensure the safety of both pedestrians and motorists on our roadways," Inaba said.

Inaba said language from the previous draft that could have interfered with hailing buses or other transportation was removed. "The previous bill had some issues with regards to people being able to hail the bus or any form of transportation," he said, adding the revised version preserves access to sidewalks and areas adjacent to roadways provided the individual does not obstruct traffic or approach moving vehicles. Inaba said the fines in the earlier draft remain unchanged.

Deputy Corporation Counsel Cody Friends told the committee she was available to answer questions but did not add substantive changes during the discussion. "I don't have anything to add at this time, but I am prepared to answer any questions, concerns, and or dialogue with council if need be," Friends said.

Council member Onishi asked whether the ordinance would apply at state-controlled intersections in Districts 2 and 3. Friends said she had reviewed the Hawaii Revised Statutes and found no express provision that would prohibit the county from adopting an ordinance regulating pedestrian behavior on county roads, streets or highways; she noted there are some county code provisions the Hawai‘i Police Department already enforces on state roads. She added that the State Department of Transportation could raise jurisdictional concerns and that the county would notify law enforcement if the ordinance passes.

The committee then voted. The clerk announced "7 in favor" and recorded that Council members Connolly, Kleinfelder and Galimba were absent. The motion was made by Council member Inaba and seconded by Council member Villegas.

The committee's favorable recommendation sends Bill 82 to the full Hawaii County Council for further consideration. No amendments were adopted at the committee level and no enforcement date or effective date was specified during the meeting.