County council approves ordinance barring roadside solicitation within 15 feet of roadways after heated debate
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Summary
On July 9, 2025, the Hawaii County Council passed Bill 59, amending county code to prohibit soliciting, receiving or delivering goods or services within 15 feet of a roadway; the measure includes revised penalty amounts and drew debate about enforcement, state vs. county jurisdiction and impacts on people in need.
The Hawaii County Council voted to pass Bill 59 on second and final reading on July 9, 2025, amending Chapter 24, Article 9 of the Hawaii County Code to prohibit receiving, soliciting, delivering or offering goods or services while in a street and to establish a 15-foot buffer measured from the vehicular roadway.
The ordinance was amended before passage in two steps. The council approved an amendment that replaces the term “street” with a definition of “roadway” — “that portion of a highway improved, designed, or ordinarily used for vehicular travel exclusive of the berm or shoulder” — and then added language prohibiting entering or remaining within 15 feet of that roadway. Council members also adopted a separate amendment aligning fines with a schedule prepared by corporation counsel that ties monetary penalties to equivalent community-service hours.
Deputy corporation counsel Sylvia explained the legal effect of the buffer: “The way that I read this is no person may enter or remain within 15 feet of the roadway. So this provides as suggested, it provides a 15 feet buffer from the roadway. So you'd have to stand at least 15 feet back away from the roadway.” Major Jeremy Evangelista of the Hawaii Police Department told the council the ordinance is a county law enforceable on county roadways as drafted and cautioned there may be separate state rules for state highways, a point he said would require additional research.
Supporters, including the bill’s amendment sponsor, said the 15-foot buffer and use of “roadway” make the law clearer and easier to enforce than measuring from mapped right-of-way boundary lines. Councilmember Kimball described the change as aimed at “using the actual vehicular area and then establishing a 15‑foot buffer” so officers and the public can determine compliance on the ground.
Opponents argued the ordinance risks penalizing people experiencing poverty and noted the law does not bar people from sitting near roadways when they are not soliciting. Councilmember Kaguaro said she would not support the bill because it could target people who “may be near a roadway because they don't have a lot of other choices.” Council discussion also sought clarification on how the law would apply where state and county roadways meet.
On the motion to pass Bill 59 as amended, the council recorded seven votes in favor and two opposed. The roll call as read into the record showed Aye votes and No votes by name; the council chair announced, “Bill 59 passes second and final reading.”
Council members and the police department said they expect an education and rollout period following passage. Major Evangelista said HPD would need to coordinate enforcement and research any gaps where state highways intersect with county roads.
The ordinance as adopted includes the amended penalty schedule the council approved during the July 9 session and the new definition and buffer language for “roadway.”
