Waikiki Street Performer Association
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Quick Reference Guide

For use on the sidewalk. Tap an ordinance to open it. Each one links to the official text so you can show it to the officer.

Every stop, every time

  1. Stay calm. Never argue, threaten or physically block an officer or your gear.
  2. Hand over ID if asked during a citation.
  3. Record the whole interaction, and photograph your setup.
  4. Ask: "What specific Chapter and Section of the Revised Ordinances of Honolulu am I violating?"
  5. Note the officer's name, badge number and the exact time.
  6. Comply if ordered, to avoid arrest. A citation is not a conviction.
  7. Afterwards: file an incident report.
ROH 41-6.1Noise / amplification

The rule: amplified sound plainly audible at 30 feet or more.

Your side: sidewalks are a traditional public forum. Volume limits can't burden substantially more speech than necessary (Ward v. Rock Against Racism). Waikīkī background noise is 65–70+ dB.

Record: your surroundings and decibel readings, if you can.

Every known amplification citation under this ordinance against a Waikīkī street performer has been dismissed. That's past outcomes, not a guarantee.

Official text ↗ · Full page
ROH 13-16Sidewalk nuisance (gear, props)

The rule: objects that frustrate public use of the sidewalk can be removed and impounded ($200 to reclaim).

Your side: ROH 13-16.6 allows objects "directly facilitating expressive activity." Stay with your gear at all times and keep a clear path.

"Could you help me understand how my gear is out of compliance with the expressive activity exceptions under Article 16?"

If they point to a real obstruction, offer to move the item right away.

Official text ↗ · Full page
ROH 13-20.1Obstruction

The rule: no obstacle that blocks pedestrian flow.

Your side: subsection (b)(3) exempts people actively "engaging in protected expressive activity." A crowd watching is legal; your gear shouldn't bottleneck the sidewalk.

Full page
ROH 13-8.1Structures / table size

The rule: a permit is needed for a permanent structure on a sidewalk.

Your side: mobile, temporary performance gear isn't a permanent structure. ROH 13-18.3(9) allows tables used for expressive activity: keep it within 10 square feet per performer and keep the main path clear.

Official text ↗ · Full page
ROH 13-6Peddling

The rule: selling goods from place to place needs a peddler permit.

Your side: the show is free to watch and tips are voluntary, so there's no sale. A tip jar is protected expression.

Careful: selling merch (CDs, T-shirts, crafts) does trigger peddling rules.

Official text ↗ · Full page
ROH 13-5.1Solicitor / canvasser

The rule: covers people traveling to take orders for future delivery of goods or services.

Your side: you perform at one spot and take no orders. Saying tips are welcome invites an optional donation, not a sale.

Official text ↗ · Full page
ROH 21-7Signs on the sidewalk

Your side: ROH 21-7.60(b)(4): no permit is needed for temporary signs. ROH 13-16.6 also allows objects directly facilitating expressive activity.

Photograph the sign to show it's flat and easily walked over. If still ordered to remove it, comply to avoid a citation.

Official text ↗ · Full page
File an Incident Report What To Do If Cited

General information, not legal advice.