Question: What is the law/ordinance on posting of notices on utility poles, such as announcing a garage sale? Over the years I have personally seen numerous homemade notices announcing a garage sale in my neighborhood to be held at a certain address for certain days. What is worse is that these signs are very often not taken down after the event dates have passed. The persons who post these notices are eager to have folks be aware of their event but are irresponsible by not taking them down after the event is done.
Answer: It is against both state law and municipal ordinance to post fliers and other signs on public utility poles. Besides creating visual blight, the notices could cause a physical danger.
“In addition to looking pretty shaggy once there’s an accumulation of junk on a pole, the nails and staples (used to affix the signs) create a hazard for utility workers whose safety equipment can be punctured or torn,” said Jim Kelly, Hawaiian Electric Co.’s vice president for corporate relations. “Our workers still climb poles, and the nails and staples make it harder to use their climbing spikes. It’s also a hazard just for people walking by — brushing past one of those well-used poles can get you a nasty cut or scratch from a rusty staple.”
Section 29-4.4(a)(7) of the Revised Ordinances of Honolulu says that “no person shall post, affix or display any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building except as may be authorized by law.”
State law is even more explicit in its prohibitions and also explains some circumstances under which such postings are allowed.
Hawaii Revised Statutes 445-114, regarding unlawful posting in public places, states that “except for a public officer in performance of a public duty, or a private person in giving legal notice on other than utility poles, it shall be unlawful for any person to paste, post, paint, print, nail, tack, or otherwise fasten any card, banner, handbill, sign, poster, outdoor advertising device, or notice of any kind or cause the same to be done, on any curbstone, lamppost, utility pole, streetlight pole, hydrant, bridge, tree, street sign, traffic sign, or traffic light upon any public property in the state, except as may be required by the ordinances of the county where it is posted, or by the laws of this state or of the United States.”
Penalties are spelled out in HRS 445-121, which states that anyone convicted of knowingly violating HRS 445-114 can be fined from $25 to $500, imprisoned for up to a month or both. When Kokua Line has written about this subject in the past, Honolulu police emphasized that officers must witness a violation in order to enforce the law.
A subsection of HRS 445-121 states that the organizer of an event advertised on an illegal flier, or the owner or operator of the business being advertised, also can be penalized, even if they did not physically post the sign. In such cases the event organizer or business owner/operator has 72 hours after being notified in writing to remove the sign or face a fine of $100 to $200, 10 to 20 hours of community service or both.
Perhaps your neighbor is unaware of these laws and the reasons for them. You might want to let him or her know, assuming that you are on good terms. As with so many community issues of this type, individual infractions might seem manini, but the problem is magnified when committed en masse.
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.
