§445-112  Where and when permitted.  No
person shall erect, maintain, or use a billboard or display any outdoor
advertising device, except as provided in this section:



(1)  The display of official notices and signs, posted
by order of any court or public office, or posted by any public officer in the
performance of a public duty, or posted by any person required to do so by any
law or rule having the force of law;



(2)  Any outdoor advertising device announcing a
meeting or series of meetings is not prohibited by this section if displayed on
the premises where the meeting or series of meetings will be or is being held. 
Meeting, as used in this section, includes all meetings regardless of whether
open to the public or conducted for profit and includes but is not limited to
sports events, conventions, fairs, rallies, plays, lectures, concerts, motion
pictures, dances, and religious services;



(3)  Any outdoor advertising device indicating that
the building or premises on which it is displayed is the residence, office, or
place of business, commercial or otherwise, of any individual, partnership,
joint venture, association, club, or corporation, and stating the nature of the
business;



(4)  Any outdoor advertising device that advertises
property or services that may be bought, rented, sold, or otherwise traded in
on the premises or in the building on which the outdoor advertising device is
displayed;



(5)  The offering for sale of merchandise bearing
incidental advertising, including books, magazines, and newspapers, in any
store, newsstand, vending machine, rack, or other place where such merchandise
is regularly sold;



(6)  Any outdoor advertising device offering any land,
building, or part of a building for sale or rent, if displayed on the property
so offered or on the building so offered;



(7)  Any outdoor advertising device carried by persons
or placed upon vehicles used for the transportation of persons or goods, except
as provided under section 445‑112.5, relating to vehicular advertising
devices;



(8)  Any outdoor advertising device warning the public
of dangerous conditions that they may encounter in nearby sections of streets,
roads, paths, public places, power lines, gas and water mains, or other public
utilities;



(9)  Signs serving no commercial purpose that indicate
places of natural beauty, or of historical or cultural interest and that are
made according to designs approved by the department of business, economic
development, and tourism;



(10)  Any outdoor advertising device or billboard
erected, placed, or maintained upon a state office building, if erected,
placed, or maintained by authority of a state agency, department, or officer
for the sole purpose of announcing cultural or educational events within the
State, and if the design and location thereof has been approved by the
department of business, economic development, and tourism;



(11)  Signs urging voters to vote for or against any
person or issue, may be erected, maintained, and used, except where contrary to
or prohibited by law;



(12)  Signs stating that a residence that is offered
for sale, lease, or rent is open for inspection at the actual time the sign is
displayed and showing the route to the residence; provided that the sign
contains no words or designs other than the words "Open House", the
address of the residence, the name of the person or agency responsible for the
sale, and an arrow or other directional symbol and is removed during such time
as the residence is not open for inspection;



(13)  The erection, maintenance, and use of billboards if
the billboard is used solely for outdoor advertising devices not prohibited by
this section;



(14)  The continued display and maintenance of outdoor
advertising devices actually displayed on July 8, 1965, in accordance
with all laws and ordinances immediately theretofore in effect;



(15)  The continued maintenance of any billboard
actually maintained on July 8, 1965, and the display thereon of the same or new
advertising devices, all in accordance with all laws and ordinances in effect
immediately prior to July 9, 1965;



(16)  Any outdoor advertising device displayed with the
authorization of the University of Hawaii on any scoreboard of any stadium
owned by the university.  An outdoor advertising device displayed under this
paragraph shall be on the front of the scoreboard and face the interior of the
stadium;



(17)  Any temporary outdoor advertising device attached
to or supported by the structure of any stadium owned by the University of Hawaii, located within and facing the interior of the stadium, and authorized to
be displayed by the university.  For the purpose of this paragraph,
"temporary" means displayed for a short period before the official
start of organized athletic competition, during the organized athletic
competition, and for a short period after the official end of the organized
athletic competition; and



(18)  Any outdoor advertising device displayed with the
authorization of the stadium authority on any scoreboard of any stadium
operated by the stadium authority.  An outdoor advertising device displayed
under this paragraph shall be on the front of the scoreboard and face the
interior of the stadium. [L 1965, c 233, pt of §1; Supp, §155-121; HRS
§445-112; am L 1986, c 245, §1; am L 1987, c 336, §7; am L 1990, c 293, §8; am
L 1994, c 118, §1; am L 2003, c 194, §4; am L 2006, c 222, §3]



 



Attorney General Opinions



 



  Paragraph (11) (prior to 2003 amendment), regulating
political signs, was unconstitutional and unenforceable.  Att. Gen. Op. 96-4.