City Council approves ‘distracted walking’ bill

A bill that would bar pedestrians from looking at their cellphones or other electronic mobile devices while crossing the street won final approval from the Honolulu City Council Wednesday.

Bill 6 was approved 7-2, with Ann Kobayashi and Ernie Martin voting “no.”

Introduced by Councilman Brandon Elefante, the “distracted walking“ bill would allow speaking on a phone but would bar texting or anything else requiring the pedestrian to look at the device, including using laptop computers, video gaming devices and pagers, while crossing a city street or highway.

A last-minute change, inserted by Councilman Trevor Ozawa, removed digital video devices from the definition of electronic mobile devices. It is unclear whether that includes cameras on cellphones.

Emergency 911 calls would be exempted.

Pedestrians cited a first time would be fined $15 to $35; a second citation within the same year would cost $35 to $70; and subsequent offenses during 12 months, up to $99. The fines in the original draft of the bill were higher, but were lowered after concerns were raised.

The Honolulu Police Department supported the prohibition.

Elefante said the measure, which he said he believes is the first of its kind in the nation, came from an idea brought to him by the community, and in particular Youth For Safety club members at Waipahu and Pearl City high schools.

“They’re very concerned about their peers and they’re very concerned about traffic and pedestrians,” Elefante told his colleagues.

The rapid advancement of technology is requiring municipalities to look at problems such as distracted walking, he said. “Ten years ago, we may not have had this issue,” he said.

If signed by Mayor Kirk Caldwell, it would take effect 90 days after becoming law, although HPD is expected to wage a public education campaign on the new law before actually beginning to cite people.

Jesse Broder Van Dyke, Caldwell spokesman, said the mayor generally supports attempts to increase pedestrian safety, but is still reviewing the pros and cons of the bill.

After Wednesday’s meeting, both Kobayashi and Martin cited concerns about over-regulation as their main objection to the bill.

“This issue could be addressed through public awareness/education, especially if the target population is teenagers,” Martin said in a text response to the Honolulu Star-Advertiser.

Further, he said, “while this behavior should not be taken lightly, I would prefer that law enforcement and the Judiciary focus on more serious criminal matters than citing people for looking at their phones.”

On Wednesday, the Council also passed:

>> Bill 43, requiring owners of properties with waterways to be responsible for unsanitary conditions and public nuisances emanating from them. The measure arose out of concerns about the condition of the water features at the Honolulu Country Club, a source of numerous complaints by its Salt Lake neighbors over the years.

>> Resolution 17-131, accepting a $10,000 gift from private company Beneseed Co. to help pay for design and erection of the King Kamehameha III statue at Thomas Square.

>> Resolution 17-133, calling on the Department of Parks and Recreation to establish an off-leash dog park in downtown Honolulu.