Ask HPD: What to do when I see people smoking at the beach?

Question: What should I do when I see people smoking at the beach? Who is responsible for enforcing the law?

Answer: It is against the law to smoke at all city and state parks on Oahu.

If you see someone smoking in an area where it’s prohibited, you may call 911.

The Honolulu Police Department can enforce the smoking ban in public parks, while the Department of Land and Natural Resources can enforce the ban on the beach. In either case, please be prepared to provide additional information to the responding officer.

Violators face a fine of up to $100 for the first offense, up to $200 for a second offense within one year of the first violation, and up to $500 for each additional violation within one year of the preceding violation.


Sec. 41-21.5 Violation—Penalty.

(a) It is unlawful for any person to smoke in a place within the City and County of Honolulu where smoking is prohibited.
(b) Except as otherwise provided, any person violating any of the provisions of this article shall be punished by:

  1. A fine of not more than $100.00 for a first violation;
  2. A fine not exceeding $200.00 for a second violation within one year of the date of the first violation; and
  3. A fine not exceeding $500.00 for each additional violation of this article within one year of the date of the preceding violation.

(Sec. 13-42.5, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 93-68, 97-20)

http://health.hawaii.gov/tobacco/files/2013/10/ROH-41_21_24.pdf

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