Honolulu County, HI Public Conduct: Loitering Rules (2026)
Key Facts
- Prohibited conduct
- Loitering or playing games on school property without excuse
- Max fine
- $100, no jail authorized
- Burden of proof
- Shifts to accused once presence is shown
- Visitor exemption
- Bona fide visitors observing or inspecting only
- Staff exemption
- DOE teachers and staff, islandwide
Summary
No one may go, remain, loiter, or play games on any public school building or grounds anywhere on Oahu without lawful business or an excuse, under ROH § 41-25.1. A violation is punished by a fine not exceeding $100, and simply being found on the grounds shifts the burden to the accused to show a lawful reason for being there.
§ 41-25.1 Loitering on public school premises. No person shall go or remain upon, loiter around, in or upon, or play or engage in any game in or upon any public school buildings or public school grounds, without lawful business or excuse for so doing. ... § 41-25.2 Exclusions. Section 41-25.1 shall not apply to bona fide visitors ... who may go into public school buildings or upon public school grounds for the purpose of observing or inspecting the same or to any school teacher or other person in the State department of education, on the island of Oahu. ... § 41-25.3 Presence considered prima facie case of violation. A prima facie case of a violation of this article shall be established upon the showing that any person charged with the violation of the section was found, seen, or arrested in any public school buildings or upon public school grounds in the city. Upon such showing, the burden of proof shall be upon the accused to show such person's lawful business or excuse ... § 41-25.4 Violation—Penalty. Any person violating this article shall be punished by a fine not exceeding $100.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-10: Supplement 10, 12-2025 Ordinance No. 25-40 through Ordinance No. 25-56).
Full Breakdown
1). 2). 3, simply being found, seen, or arrested in a public school building or on public school grounds establishes a prima facie violation, and the burden of proof then shifts to the accused to show their lawful business or excuse for being there, rather than the city having to prove unlawful purpose. 4 is a fine not exceeding $100; the article does not authorize a jail term for this offense, unlike several of Chapter 41's other public-conduct articles. Because the exclusions are limited to bona fide visitors observing or inspecting the campus and to DOE staff, a person on school grounds after hours or during a period with no legitimate school-related purpose falls outside those carve-outs and can be cited on the strength of their presence alone once the prima facie showing is made.
Violations & Fines
A conviction carries a fine not exceeding $100 under § 41-25.4; no imprisonment is authorized for this offense. Because presence on public school grounds alone establishes a prima facie case under § 41-25.3, the accused bears the burden of proving lawful business or an excuse to avoid the fine once found on the premises.
Frequently Asked Questions
What counts as "lawful business or excuse" to be on Honolulu school grounds?
Do I have to prove I had a reason to be on the school grounds?
What's the maximum penalty for loitering on Honolulu public school grounds?
Does this rule apply only to Honolulu city schools?
Sources & Official References
Other rules in Honolulu County
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