Crosswalk has no signal but sign tells drivers to halt

Question: I was walking Ewa-bound on Ala Moana Boulevard, approaching the Atkinson Drive intersection. There is a pedestrian island that has the crosswalk button to cross Atkinson toward Ala Moana Center. But, before reaching that island, one must cross a crosswalk in the lane for drivers turning right onto Atkinson. The light to proceed straight on Ala Moana was red and the pedestrian crossing signal on the pedestrian island was red, but there is no pedestrian signal control where I stood waiting to cross that right-turn lane. However, believing I had the right of way because that crosswalk is an uncontrolled intersection crosswalk, I proceeded to cross.But a trolley driver turning right onto Atkinson made it pretty clear that he thought I was in the wrong! If I am wrong, the city should place either a crosswalk indicator sign or a pedestrian crossing control button there. If I am right, perhaps a yield sign for motorists would be a good idea. I don’t want an expensive jaywalking ticket, so can you please advise?

Answer: That intersection is under the jurisdiction of the state Department of Transportation.

Both the DOT and the city Department of Transportation Services officials say you are correct.

A DOT spokeswoman said the crosswalk from the Diamond Head-mauka corner of Ala Moana Boulevard and Atkinson Drive to the island is considered un-signalized.

So vehicles using the right-turn lane need to stop for pedestrians, who have the right of way under Section 291C-72 of the Hawaii Revised Statutes, she said.

"A stop line in front of the crosswalk provides the point where motorists need to stop for pedestrians, and a ‘Turning Traffic Must Stop for Pedestrians’ sign reinforces who has the right of way," she said.

She also said there is a "yield" sign placed after the crosswalk, requiring motorists turning right from Ala Moana Boulevard to yield to vehicles on Atkinson Drive.

The DOT does not plan to post any additional signs at that intersection.

For similarly designed city intersections, DTS traffic engineers say pedestrians have the right to use the crosswalk and cross to that island from the Diamond Head side "with caution, but without waiting for the pedestrian signal," because that Diamond Head crosswalk to the island is un-signalized, said DTS Director Michael Formby.

Auwe

To political campaigners who ignore our "private property"and "no trespassing" signs. It’s campaign season again, and here come the pushy candidates and campaigners knocking on our doors even when there are four very large "Private Property" and "No Trespassing" signs posted by our driveway and front door. We’ve already had three "candidates" knocking at our front door. They I will not vote for. Recently we had a "campaign crew" walk halfway up our driveway. One had a laptop and called out my name, my husband’s name and my brother’s name. I told him we were already registered to vote. The girl asked if she could talk to us about her candidate. I said no! We value our privacy since we’ve been victims of attempted robberies. I contacted HPD, and they sent us the Hawaii laws concerning trespassing and advised us to put up signs and to call 911 when we have trespassers. — You Don’t Get Our Vote

The pertinent laws cited by HPD are Section 708-813 and 708-814 of the Hawaii Revised Statutes.

Among other things, those laws refer to someone entering premises that are fenced or enclosed. Also, in commentary attached to Section 708-815 of the Hawaii Revised Statutes, dealing with "simple trespass," it says, "Any trespass statute which is applied in situations involving political or religious solicitation becomes subject to constitutional scrutiny."

That said, property owners who believe someone is trespassing can call 911, said Michelle Yu, spokeswoman for the Honolulu Police Department.

"The responding officer will speak to the candidate or campaigner if he or she is still in the area," she said. "A trespassing report can be made at the property owner’s request."

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Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.