Rules for holding parades, street festivals, and other street events

(a) Definitions. For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning: Agency. Any federal, State, or city agency that reviews a street activity permit application upon the request of the director, to assist the director in determining whether to issue the permit. Applicant. The applicant for a street activity permit. Chief of Police. The chief of police of the city, or the chief’s authorized subordinate. Department. The department of transportation services. Director. The director of transportation services, or the director’s authorized subordinate. First Amendment Street Activity. Street activity that involves 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 that are protected under the First Amendment of the United States Constitution, for which no fee is charged or required to participate in or attend the street activity. First Amendment street 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. Force Majeure Event. A natural or man-made event that is not able to be reasonably foreseen and is completely beyond the control of the parties involved, including natural disasters (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), and infrastructure failures (transportation, energy). Parade. Has the same meaning as defined in § 15-2.15. Public Safety. The safety or protection of any motorists, pedestrians, occupants or riders of vehicles, participants, spectators, and police officers assigned to a street activity, or the protection of any real or personal property. Street. Has the same meaning as defined in § 15-2.23, and also includes malls, as defined in § 13-1.1, for which the department has authority regarding permitted usage. Street Activity. The occupation, use, or participation in any parade, street festival, or other activity that requires the exclusive use of a street or any portion thereof. Street Block. Has the same meaning as defined in § 15-2.23. Street Festival. The occupation, use, or participation in a gathering featuring one or more of the following: festive activities, cultural events, entertainment, and food or merchandise vendors, which generally remains at a stationary location for the duration of the gathering, requires the exclusive use of a street or any portion thereof, and is open to the public without charge for entry or participation. Waikiki Legacy Street Activity. Any street activity that has been held in the Waikiki special district annually for at least 15 consecutive calendar years. To maintain legacy status, the street activity must be held every calendar year after attaining legacy status; provided that this requirement may be waived by the director, at the director’s discretion, when a force majeure event does not allow for the holding of a safe and appropriate street activity. Failure to hold the street activity in every calendar year after attaining legacy status will result in the loss of legacy status. Waikiki Special District. The district described in § 21-9.80-2, including any precinct thereof established pursuant to § 21-3.20. (b) Special activity permit required. Except for funeral processions, parades, marches, or other processions by members of the United States Armed Forces, State of Hawaii Armed Forces, and city police and fire departments, a person may not conduct a street activity on streets or highways without first obtaining a permit from the director pursuant to this section. (c) Application. An applicant desiring a street activity permit shall file with the department a permit application on a form prescribed by the director. Information to be submitted on the application form must at a minimum include: (1) The type of street activity, and the date the street activity will be held; (2) The starting time and estimated duration of the street activity; (3) The route or location of the street activity; (4) Whether the street activity is a First Amendment street activity; and (5) For a street activity that is not a First Amendment street activity, the public purpose to be served by the street activity. (d) Requirements prior to the issuance of a street activity permit. (1) Public purpose. All street activities must serve a public purpose. The director shall determine whether the street activity serves a public purpose. (A) For purposes of this section, a First Amendment street activity is deemed to serve a public purpose. (B) The director may determine that a non-First Amendment street activity serves a public purpose so long as any private benefit arising out of the street activity is incidental to the public benefit to the community as a whole arising out of the street activity. (2) First Amendment street activities. (A) Upon receipt of an application for a First Amendment street activity, no later than five working days prior to the date of the event, the director shall transmit a copy of the application to the corporation counsel for a determination on whether the proposed street activity constitutes a First Amendment street activity. (B) The director shall make the determination to grant or deny the First Amendment street activity application and shall notify the applicant of the director’s decision. (C) The application may be denied if the applicant does not provide adequate information to determine whether the street activity is a First Amendment street activity. (D) If the application for a First Amendment street activity is not denied within three working days after the date the application is submitted, the application will be deemed granted and a permit will be issued. (E) An application for a First Amendment street activity: (i) Filed less than five working days prior to the date of the street activity; or (ii) That conflicts with a permit application that has already been received or a permit that has already been issued by the department; or both, will be deemed denied. (3) Non-First Amendment street activities. Applications for street activities that are not First Amendment street activities are subject to the following requirements. (A) Street activities outside of the Waikiki special district. An application for a street activity outside of the Waikiki special district must be filed with the department in accordance with deadlines and other requirements set by the director. (B) Street activities in the Waikiki special district. (i) Street activity permit applications. An application for a street activity in the Waikiki special district must be filed with the department in accordance with deadlines and other requirements set by the director. (ii) Maximum number of street activity permits issued. Except for Waikiki legacy street activities, the director may approve a maximum of nine permits per calendar year for a street activity that: (aa) Has a route or location through any portion of the Waikiki special district; (bb) Would result in the closure of any portion of a street within the Waikiki special district; and (cc) Has an estimated duration of two or more hours; (iii) Waikiki street festivals. For street festivals in the Waikiki special district, including Waikiki legacy street festivals, the director may approve a maximum of two permits per triannual period (four-month period) of the calendar year, based on the date the street festival will be held. (iv) Waikiki legacy street activities. Waikiki legacy street activities will receive a permit if all permit requirements are satisfied. It is the responsibility of the applicant for a Waikiki legacy street activity permit to demonstrate that the street activity qualifies as a Waikiki legacy street activity. (v) Restrictions on dates street activities may be held. (aa) No street activity permits for non-First Amendment street activities in the Waikiki special district may be issued for days on which a general election is held; and (bb) The director may, by rule adopted pursuant to HRS Chapter 91, designate up to a maximum of 10 dates during the calendar year (other than general election day) as unavailable for non-First Amendment street activities in the Waikiki special district, if the director finds that those dates historically have experienced high traffic volumes in Waikiki. (C) Review of a street activity permit application by the chief of police. Upon the filing of an application for a non-First Amendment street activity, the director shall transmit a copy of the application for review to the chief of police, and at the director’s discretion, to any other agency if that agency’s review is desirable or necessary. The chief of police and any agency to which an application has been transmitted shall transmit a response to the director with any comments and recommendations within five working days after receipt of the copy of the application. (4) The director may impose conditions on the issuance of a street activity permit that are reasonable and necessary to address public safety, minimize traffic congestion or hazards, and allow for the passage of authorized emergency vehicles. Any street activity permit conditions imposed by the director must be included in the street activity permit and must not unduly restrict the ability of a street activity participant to engage in First Amendment street activity. The applicant shall comply with all conditions imposed by the director. (5) The applicant shall secure appropriate medical services for the street activity. (6) For street activities serving alcoholic beverages, the applicant shall obtain an appropriate liquor license from the Honolulu liquor commission. (e) Requirements after the issuance of a street activity permit. (1) Compliance with applicable rules. Any street activity for which a permit has been issued must comply with all rules adopted pursuant to HRS Chapter 91 that apply to street activities. (2) Requirements after the conclusion of a street activity. (A) Within 30 days after the conclusion of a street activity, other than a First Amendment street activity or a Waikiki legacy street activity: (i) The applicant shall file documentation with the director evidencing compliance with the public purpose requirement set forth in subsection (d)(1); and (ii) If the director, upon review of the post street activity documentation, determines that the street activity failed to comply with the public purpose requirement set forth in subsection (d)(1), during the immediately following calendar year, the applicant that obtained the permit will be ineligible to receive a permit for a street activity, other than a permit for a First Amendment street activity. (B) Within 60 days after the conclusion of a street activity, other than a First Amendment street activity or a Waikiki legacy street activity, the director shall post on the department’s website the report received pursuant to this subdivision with the director's determination that: (i) The activity complied with the public purpose requirement set forth in subsection (d)(1), stating the public purpose fulfilled by the activity; or (ii) The activity failed to comply with the public purpose requirement, stating the reasons why the activity did not fulfill the public purpose requirement. (f) Denial, revocation, or termination of a street activity permit. (1) Denial of a street activity permit. (A) The director may deny any street activity permit application if the street activity does not conform to this chapter, the Statewide Traffic Code and other State laws, the rules adopted by the State director of transportation or the director pursuant to HRS Chapter 91, any requirements of this section, or any street activity permit conditions imposed by the director under subsection (d)(4). (B) Prior to the denial of an application for a street activity permit, the director may, at the director’s discretion, hold a hearing pursuant to rules adopted by the director for conducting the hearing. An applicant for a street activity permit whose application has been denied may pursue any remedy provided by law. (C) An applicant for a street activity in the Waikiki special district that is denied a street activity permit solely due to the limitation on the number of street activity permits for the Waikiki special district pursuant to subsection (d)(3)(B) may apply for a waiver as follows: (i) A minimum of 60 calendar days prior to the date of the street activity, the applicant shall file with the mayor’s office a waiver application, on a form prescribed by the director, and attach a copy of the street activity permit application. (ii) Except for the limitation on the maximum number of permits per calendar year for Waikiki street activities, the street activity must satisfy all street activity permit requirements. (iii) The mayor may grant a waiver if the mayor, at the mayor’s discretion, determines that the proposed street activity meets any one or more of the following criteria: (aa) The street activity would be of economic benefit to the city, considering: (AA) The revenue expected to be generated for businesses in the city; (BB) The public facilities to be used by organizers and participants in the street activity; (CC) The number of visitors the street activity is expected to bring to the city; (DD) Whether the event would generate media exposure for the city that could result in further economic benefits; and (EE) Any other factors or information that the mayor may reasonably determine to be relevant; (bb) The street activity would be culturally or historically significant; (cc) The street activity would recognize an outstanding achievement or significant accomplishment; or (dd) The street activity would: (AA) Foster community spirit, pride, identity, or well-being; (BB) Benefit community organizations or causes; or (CC) Result in an identifiable community benefit. The applicant shall identify the criteria that apply to its street activity, and explain how the street activity meets the identified criteria. (iv) Maximum number of waivers granted. The mayor may grant a maximum of four waivers for street activities in the Waikiki special district per calendar year; provided that the mayor may grant only one waiver per quarterly period (three-month period) of the calendar year, based on the date the street activity will be held provided that the actual number of waivers for street activities in the Waikiki special district may vary as follows: (aa) For every Waikiki legacy street activity that obtains legacy status after the effective date of this ordinance, the number of available waivers during the calendar year will decrease by one; (bb) For every Waikiki legacy street activity that loses legacy status after March 11, 2025, the number of available waivers during the calendar year will increase by one; provided that the total number of waivers per calendar year may not exceed four; and (cc) At such time that the number of waivers available during the calendar year is exhausted by the addition of Waikiki legacy street activities that obtain legacy status after March 11, 2025, no waivers may be granted by the mayor, unless and until waivers become available due to the subsequent loss of legacy status by a Waikiki legacy street activity. (2) Revocation of a street activity permit. (A) The director or the chief of police may revoke any street activity permit if the director or the chief of police finds that prior to the actual commencement of the street activity, any prerequisite condition imposed by the director in the street activity permit has not been satisfied. (B) A permittee whose street activity permit has been revoked may pursue any remedy provided by law. (3) Termination of a street activity permit. (A) The director or the chief of police may terminate any street activity that is in progress if the director or the chief of police finds that public safety is endangered, or any condition imposed by the director in the street activity permit and required to be observed during the street activity has been breached or disobeyed. (B) A permittee whose street activity permit has been terminated may pursue any remedy provided by law. (g) The director shall: (1) Adopt rules pursuant to HRS Chapter 91 to administer and implement this section; (2) Conduct hearings as authorized in subsection (f)(1)(B); and (3) Include a list of Waikiki legacy street activities on the department’s website. (h) Penalties. (1) Definition of “violation.” Violation, as used in this subsection, means an instance in which any person: (A) Fails to obtain a required permit for a street activity on a public street or any portion thereof; (B) Authorizes, urges, or solicits any person to participate in a street activity without a required permit; (C) Participates in a street activity on a public street or any portion thereof, for which a street activity permit has not been issued or the applicable street activity permit has been denied or revoked; or (D) Fails to obey any lawful directive, order, or command of a police officer when the police officer believes that public safety is in peril. (2) Criminal sanctions. Any person who is convicted of committing a violation, as defined in this subsection, shall be subject to a fine of up to $200 for each violation, imprisonment for up to 30 calendar days, or both. ) Editor’s note: “March 11, 2025” is substituted for “the effective date of this ordinance.” Amendments made to §§ 15-2.15 and 15-24.20 in Ord. 25-10 apply to permits issued for 2026 and thereafter.