Reported violations of the ordinances on smoking shall
be dealt with as outlined below.

BACKGROUND

A. Article 21, Chapter 41, Revised Ordinances of
Honolulu 1990 (ROH), prohibits smoking in certain places.

B. Ordinance No. 02-06, dated February 21, 2002,
amends Section 41-21.1, ROH, by amending the definitions
of “Bar” and “Restaurant;” deleting the definition of
“Nightclub;” and adding new definitions of “Incidental,”
“Food court,” “Food court seating area,” “Enclosed or
partially enclosed food court,” and “Separate open air
area of a restaurant.” (See the attached copy.)

C. Ordinance No. 93-88, dated November 29, 1993,
amends Article 1, Chapter 12, ROH, to permit taxicab
companies and drivers to prohibit smoking in their
vehicles (see the attached copy).

GUIDELINES

A. A complainant who calls about a smoking
violation shall be advised to seek assistance
from the building/ establishment/taxicab company management.

B. If the smoking continues even after
management intervenes or the complainant
insists on police response, an officer shall
be dispatched provided that:

1. The complainant is willing to remain at
the scene until the officer arrives; and

2. The caller identifies himself or herself
as an official complainant. If the caller refuses
to do so, an officer shall not be dispatched.

C. Signage shall be clearly displayed prior
to issuing the citation for violation of
Section 41-21.2 or 12-1.26, ROH.

D. If the violation occurs within a public park,
as defined in Section 41-21.2, ROH, the officer shall
observe the violation prior to issuing the citation.

E. When an officer responds to a location other
than a public park and the smoking ceases before the
officer arrives or while the officer is there, the
incident shall be recorded in the 600 series.

F. If the smoking persists, even after the
officer’s warnings to cease smoking, the officer
shall issue a citation for violation of the
appropriate part of Section 41-21.2 or 12-1.26, ROH.