HOUSE OF REPRESENTATIVES

H.B. NO.

720

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to shopping carts.

 

 

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

 


SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"711- Prohibited use of shopping cart in or on a public roadway, sidewalk, or park. (1) A person commits the offense of prohibited use of shopping cart in or on a public roadway, sidewalk, or park if the person uses, or has in the person's possession, a shopping cart not owned by the person when:

(a) Traversing a public roadway, sidewalk, or park that is under State or county jurisdiction; or

(b) Being present in or on a public roadway, sidewalk, or park that is under State or county jurisdiction.

(2) This section shall not apply unless:

(a) The shopping cart has securely affixed to it a conspicuous sign identifying it as belonging to a business establishment; and

(b) There is posted, at the place or places where the shopping carts are stored for customer use, a sign or signs conspicuously positioned in order to be seen by an ordinarily observant person to notify customers and the general public that the carts shall not be removed from the premises, parking areas, sidewalks, or passageways adjacent thereto.

(3) The following persons shall not be subject to this section:

(a) The owner of the shopping cart;

(b) Any agent of the owner;

(c) Any employee of the business establishment to which the shopping cart belongs;

(d) Any customer of the business establishment to which the shopping cart belongs, provided that the customer is actively using the shopping cart to transport within a reasonable time and distance a purchase made by the customer from the business establishment, or to transport a purchase made by the customer back to the business establishment; and

(e) Any person possessing the written consent of the owner or manager of the business establishment.

(4) Prohibited use of shopping cart in or on a public roadway, sidewalk, or park is a petty misdemeanor."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Penal Code; Public Order; Shopping Carts

 

Description:

Establishes the petty misdemeanor offense of prohibited use of shopping cart in or on a public roadway, sidewalk, or park.

 

 

 

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