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Maui County, HI Public Conduct: Loitering Rules (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Maui County Code Chapter 9.20
Applies to
Children under 12
Location
Congested-district highway portions
Parent/guardian fine
Up to $50 (§ 9.20.030)
Custody
Child held until parent responds

Summary

Maui County makes it unlawful for a child under twelve to play or loiter on the traveled portion of a public highway in a "congested district," and lets a police or probation officer take the child into custody until a parent or guardian responds, under § 9.20.020 of the county code.

These county ordinances apply to unincorporated areas of Maui County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

It is unlawful for any child under the age of twelve years to play or loiter upon that portion of the public highway used for vehicular traffic in any congested district in the county as defined in this chapter; and any child so found loitering or playing upon such portion of the highway may be taken into custody by any police officer or the probation officer for the county and detained until the parent, guardian or person having custody, control, or supervision of the child calls for the child.

Full Breakdown

20 of the Maui County Code, titled "Children on Highways," first defines the geography it covers. 010 limits the rule to "congested districts": portions of a public highway where the adjacent territory, for a distance of one hundred yards on either or both sides, contains buildings used for residence or business purposes within fifty feet of the highway and spaced closer than one hundred feet apart. 020 makes it unlawful for any child under twelve to play or loiter on the part of the highway used for vehicular traffic.

The same section gives enforcement teeth beyond a citation: a police officer or the county probation officer may take a loitering or playing child into custody and detain the child until a parent, guardian or other person with custody or control comes to collect them. The chapter does not fine the child. 030 places the financial penalty on the adult, punishing any parent, guardian or custodian who "knowingly" permits the child to play or loiter in the prohibited area with a fine "not exceeding fifty dollars" upon conviction. The chapter derives from Prior Code § 22-2 and has not been substantively renumbered since.

Violations & Fines

Children found loitering or playing on a congested-district highway may be taken into custody by a police or probation officer and held until a parent or guardian responds; the child is not fined. A parent, guardian or custodian who "knowingly" permits the child to loiter there faces a fine "not exceeding fifty dollars" under § 9.20.030.

Frequently Asked Questions

What counts as a "congested district" under Maui's child-loitering law?
Section 9.20.010 defines it as portions of a public highway where the adjacent territory, for a distance of one hundred yards on either or both sides, contains residential or business buildings within fifty feet of the highway spaced closer than one hundred feet apart.
Can police detain a child found loitering on a Maui highway?
Yes. Section 9.20.020 lets "any police officer or the probation officer for the county" take a loitering child under twelve into custody and hold the child "until the parent, guardian or person having custody, control, or supervision of the child calls for the child."
Is the child fined for loitering on the highway in Maui County?
No, the ordinance fines the adult. Section 9.20.030 punishes only "any parent, guardian or person having the custody, control, or supervision" who knowingly permits the child to loiter, with a fine "not exceeding fifty dollars," not the child.

Sources & Official References

Other rules in Maui County

All Maui County rules

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