HOUSE OF REPRESENTATIVES

H.B. NO.

254

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC ORDER.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Urinating and defecating in public frightens and offends many people. These behaviors also create a public health risk because of the spread of disease and other health hazards stemming from improper disposal of human waste. These concerns, and the smell associated with public urination and defecation, discourage people from patronizing establishments located in the Waikiki district as well as utilizing the beach and parks in the Waikiki district.

The purpose of this Act is to prohibit urinating or defecating in the Waikiki area.

SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"711-    Urinating or defecating in public. (1) A person commits the offense of urinating or defecating in public if the person intentionally or knowingly urinates or defecates in a public place or any area where such an act is likely to be observed by any member of the public within the Waikiki area.

(2) As used in this section:

"Waikiki area" means the part of the city of Honolulu on the island of Oahu which includes the Waikiki peninsula and the western slope of Diamond Head, bounded on:

(a) The shoreline and the Ala Wai Canal inlet;

(b) Northeast and south along the Ala Wai Canal to Paki Avenue;

(c) Southeast to Monsarrat Avenue;

(d) East on Monsarrat Avenue;

(e) Northeast to Kanaina Avenue, Kanaina Street and Diamond Head Circle;

(f) Up the slope of Diamond Head between Diamond Head Circle and Kanaina Street and the end of Noela Drive to the rim of Diamond Head Crater;

(g) South to Leahi Peak;

(h) Down the slope in line with Coconut Avenue to the shoreline; and

(i) North and West to the Ala Wai Canal inlet.

As used in this section, "public place" means any publicly-owned or privately-owned property open for public use or to which the public is invited for entertainment or business purposes and includes any street, sidewalk, driveway, alley, doorway, mall, plaza, park, beach, zoo, public building, or parking lot.

(3) This section shall not apply where the person failed to use a restroom or other facility because of a medical condition verified by a licensed physician.

(4) This section shall not apply to a person urinating or defecating while using appropriate fixtures in any restroom or other facility designed for the sanitary disposal of human waste.

(5) Urinating or defecating in public is a petty misdemeanor."

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:

_____________________________

 

 


 


 

Report Title:

Urinating and Defecating in Public

 

Description:

Prohibits urinating and defecating in public places.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.