Hawaii 2023 Regular Session

Hawaii House Bill HB813 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 813 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to sidewalks. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 813
4	4	THIRTY-SECOND LEGISLATURE, 2023
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to sidewalks.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that keeping public sidewalks free and clear of obstructions and other hazards is a matter of statewide concern. Sidewalks serve several important functions, including allowing for safe pedestrian movement, facilitating deliveries of goods and services, and providing convenient access to business establishments. However, when sidewalks are obstructed by persons who are sitting or lying down, the sitting or lying persons are at risk of injury from passing motorists. Further, other members of the public are deprived of walking as a healthy and green option to access shops, restaurants, and essential services. Moreover, the delivery of goods and services is hampered, which interferes with commercial activities necessary to a robust economy. In more egregious cases, persons having mobility issues are forced to navigate around the person who is sitting or lying on the sidewalk. It is not the legislature's intent to unduly burden an individual's First Amendment right to speak, protest, or engage in other lawful activity on a public sidewalk. This Act contains exceptions for expressive activities as well as other situations, such as those involving medical emergencies. The purpose of this Act is to establish the petty misdemeanor offense of sitting or lying on a public sidewalk. SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§711- Sitting or lying on a public sidewalk. (1) A person commits the offense of sitting or lying on a public sidewalk if the person intentionally or knowingly sits or lies on a: (a) Publicly owned or maintained sidewalk; or (b) Tarp, towel, sheet, blanket, sleeping bag, bedding, planter, chair, bench, or any other object or material placed upon a publicly owned or maintained sidewalk. (2) The prohibitions in subsection (1) shall not apply to: (a) Any person sitting or lying on a sidewalk due to a medical emergency; (b) Any person who, as a result of a disability, is using a wheelchair or other similar device to move about the sidewalk; (c) Any person sitting or lying on a sidewalk for the purpose of engaging in an expressive activity; (d) 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 a governmental entity; (e) Any person engaged in a maintenance, repair, or construction activity on behalf of a governmental entity or a public utility; (f) Any child who is sitting or lying in a baby carriage, stroller, or carrier, or similar device, to move about the sidewalk; (g) Any person sitting on a chair or bench located on the sidewalk that is placed there by a governmental entity; or (h) 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. (3) No person shall be cited or arrested for violating 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. (4) Sitting or lying on a public sidewalk is a petty misdemeanor. (5) As used in this section: "Expressive activity" means 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 the activity. The term does not include sports events such as marathons; fundraising events; beauty contests; commercial events; cultural celebrations; or other events having the principal purpose of entertainment. "Sidewalk" means: (a) That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians; or (b) A pedestrian passageway that crosses private property pursuant to a public easement, resulting from an obstruction on public land that requires pedestrians to pass along adjacent private property." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that keeping public sidewalks free and clear of obstructions and other hazards is a matter of statewide concern. Sidewalks serve several important functions, including allowing for safe pedestrian movement, facilitating deliveries of goods and services, and providing convenient access to business establishments. However, when sidewalks are obstructed by persons who are sitting or lying down, the sitting or lying persons are at risk of injury from passing motorists. Further, other members of the public are deprived of walking as a healthy and green option to access shops, restaurants, and essential services. Moreover, the delivery of goods and services is hampered, which interferes with commercial activities necessary to a robust economy. In more egregious cases, persons having mobility issues are forced to navigate around the person who is sitting or lying on the sidewalk.
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51	51	It is not the legislature's intent to unduly burden an individual's First Amendment right to speak, protest, or engage in other lawful activity on a public sidewalk. This Act contains exceptions for expressive activities as well as other situations, such as those involving medical emergencies.
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53	53	The purpose of this Act is to establish the petty misdemeanor offense of sitting or lying on a public sidewalk.
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55	55	SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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57	57	"§711- Sitting or lying on a public sidewalk. (1) A person commits the offense of sitting or lying on a public sidewalk if the person intentionally or knowingly sits or lies on a:
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59	59	(a) Publicly owned or maintained sidewalk; or
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61	61	(b) Tarp, towel, sheet, blanket, sleeping bag, bedding, planter, chair, bench, or any other object or material placed upon a publicly owned or maintained sidewalk.
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63	63	(2) The prohibitions in subsection (1) shall not apply to:
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65	65	(a) Any person sitting or lying on a sidewalk due to a medical emergency;
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67	67	(b) Any person who, as a result of a disability, is using a wheelchair or other similar device to move about the sidewalk;
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69	69	(c) Any person sitting or lying on a sidewalk for the purpose of engaging in an expressive activity;
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71	71	(d) 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 a governmental entity;
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73	73	(e) Any person engaged in a maintenance, repair, or construction activity on behalf of a governmental entity or a public utility;
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75	75	(f) Any child who is sitting or lying in a baby carriage, stroller, or carrier, or similar device, to move about the sidewalk;
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77	77	(g) Any person sitting on a chair or bench located on the sidewalk that is placed there by a governmental entity; or
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79	79	(h) 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.
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81	81	(3) No person shall be cited or arrested for violating 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.
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83	83	(4) Sitting or lying on a public sidewalk is a petty misdemeanor.
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85	85	(5) As used in this section:
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87	87	"Expressive activity" means 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 the activity. The term does not include sports events such as marathons; fundraising events; beauty contests; commercial events; cultural celebrations; or other events having the principal purpose of entertainment.
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89	89	"Sidewalk" means:
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91	91	(a) That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians; or
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93	93	(b) A pedestrian passageway that crosses private property pursuant to a public easement, resulting from an obstruction on public land that requires pedestrians to pass along adjacent private property."
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95	95	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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97	97	SECTION 4. New statutory material is underscored.
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99	99	SECTION 5. This Act shall take effect upon its approval.
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103	103	INTRODUCED BY: _____________________________
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105	105	INTRODUCED BY:
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113	113	Report Title: Penal Code; Public Sidewalks; Petty Misdemeanor Description: Establishes the petty misdemeanor offense of sitting or lying on a public sidewalk. Contains exceptions, including for expressive activities that are protected by the First Amendment, and for medical emergencies. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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119	119	Report Title:
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121	121	Penal Code; Public Sidewalks; Petty Misdemeanor
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125	125	Description:
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127	127	Establishes the petty misdemeanor offense of sitting or lying on a public sidewalk. Contains exceptions, including for expressive activities that are protected by the First Amendment, and for medical emergencies.
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135	135	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.