Smoking and the use of tobacco products by
departmental personnel shall be restricted
in accordance with state laws, city ordinances
and policies, and departmental directives.
Electronic smoking device: Any electronic
product that can be used to aerosolize and
deliver nicotine or other substances to the
person inhaling from the device, including
(but not limited to) an electronic cigarette,
electronic cigar, electronic cigarillo,
electronic pipe, hookah pipe or pen, and
any cartridge or other component of the
device or related product, whether or not
Smoke or smoking: Inhaling, exhaling, burning,
or carrying any lighted or heated tobacco or
plant product intended for inhalation in any
manner or form. “Smoking” includes the use
of an electronic smoking device.
Smoking Policy Coordinator: The commander of
the Professional Standards Office (PSO).
Tobacco product: Any product made or derived
from tobacco that contains nicotine or other
substances and is intended for human consumption
or is likely to be consumed, whether smoked,
heated, chewed, absorbed, dissolved, inhaled,
or ingested by any other means. This includes
(but is not limited to) a cigarette, cigar, pipe
tobacco, chewing tobacco, snuff, snus, or an
electronic smoking device. A “tobacco product”
does not include drugs, devices, or combination
products approved for sale by the United States
Food and Drug Administration as those terms are
defined in the Federal Food, Drug, and Cosmetic Act.
RESTRICTIONS ON SMOKING
A. Chapter 328J, Hawaii Revised Statutes,
prohibits smoking in buildings and vehicles
owned, leased, or operated by the state or City
and County of Honolulu; partially enclosed places
open to the public; in sports arenas, outdoor arenas,
stadiums, and amphitheaters; and within a minimum of
20 feet from entrances, exits, windows that can open,
and ventilation intakes that serve an enclosed or
partially enclosed area where smoking is prohibited.
B. Section 41 21.2(e), Revised Ordinances
of Honolulu 1990 (ROH), prohibits smoking in
certain areas within the City and County of Honolulu.
C. Smoking is prohibited on the handicapped-accessible
ramp that is located on the corner of South Beretania and
Hale Makai Streets.
D. Officers are prohibited from smoking and
using tobacco products when they are identifiable
as employees of the department.
Civilian employees are prohibited from smoking
and using tobacco products when on duty and
identifiable as an employee of the department.
Exemption: This section does not apply to
officers or civilian employees in the
performance of a specific lawful police
objective or during a period of relief
from duty that is approved by a supervisor.
A. The Smoking Policy Coordinator is
responsible for coordinating program
implementation and ensuring equitable
enforcement of this directive throughout the department.
B. The PSO shall inspect and evaluate each
element for compliance with this policy.
COMPLIANCE AND COMPLAINTS
A. Element commanders shall ensure that
their personnel are in compliance with state
laws, city ordinances and policies, and
departmental directives regarding smoking
and the use of tobacco products.
Element commanders shall make every reasonable
effort, within the parameters of applicable laws
and city policies, to resolve complaints regarding
smoking and the use of tobacco products.
B. Complaints regarding smoking/no smoking
areas that are not resolved at the element level
shall be referred to the Smoking Policy Coordinator
The Smoking Policy Coordinator shall recognize the
concerns of smokers and nonsmokers and the
parameters of city ordinances and state laws
when addressing the complaint.
A. Whenever a section of this directive
conflicts with a law, statute, or ordinance;
the law, statute, or ordinance shall take precedence.
B. If any section of this directive is
affected, the remaining sections that do not
conflict with the law, statute, or ordinance will remain in effect.