Rules for sitting or lying on Waikiki sidewalks

(a) No person shall sit or lie on a public sidewalk, or on a tarp, towel, sheet, blanket, sleeping bag, bedding, planter, chair, bench, or any other object or material placed upon a public sidewalk in the Waikiki special district. (b) The prohibitions in subsection (a) shall not apply to: (1) Any person sitting or lying on a sidewalk due to a medical emergency; (2) Any person who, as a result of a disability, is using a wheelchair or other similar device to move about the public sidewalk; (3) Any person sitting or lying on a sidewalk for the purpose of engaging in an expressive activity; (4) 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 the city; (5) Any person engaged in a maintenance, repair, or construction activity on behalf of a governmental entity or a public utility; (6) Any child who is sitting or lying in a baby carriage, stroller, or carrier, or similar device, to move about the public sidewalk; (7) Any person sitting on a chair or bench located on the public sidewalk that is placed there by a public agency; or (8) 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. (c) No person shall be cited for a violation of this section unless the person engages in conduct prohibited by this article after having been notified by a law enforcement officer that the conduct violates this section. (d) For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning. Expressive Activity. 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 such activity. Expressive activity generally would not include sports events, such as marathons; fundraising events; beauty contests; commercial events; cultural celebrations or other events the principal purpose of which is entertainment. Public Sidewalk. A publicly owned or maintained “sidewalk,” as defined in § 13-1.1 , and includes a “replacement sidewalk” as defined in that section. Waikiki Special District. The area described in § 21-9.80-2 .