The Hawaii Police Department has announced upcoming enforcement of laws related to illegal roadside vending and commercial activities on state and county roadways island-wide.
HPD will be working in collaboration with the State Department of Transportation and the Hawaii County Planning Department.
“This enforcement initiative aims to ensure that our roadways and highways are utilized for their designated purposes. While we recognize the value and appeal of local vendors in enhancing the vibrant culture of our island, it is essential to maintain order and consistency in the use of public spaces,” a statement from Hawaii Police reads.
Beginning Friday, December 1, authorities will actively monitor, address, and enforce regulations prohibiting unauthorized commercial activities on state highways and county roadways across Hawaii Island. Those found in violation could face criminal prosecution and fines up to $1,000.
Kona Community Policing Sergeant Brandon Mansur said HPD receives complaints of illegal roadside vending periodically from the public; however, this initiative stems from a request from the Department of Transportation.
“This is an island-wide initiative. We will be looking at all areas where individuals are observed to be using the side of state or county roadways to sell food or other items,” said Mansur. “Vendors operating on private property are OK as long as they have permission from the land owner.”
Spokesperson Shelly Kunishige confirmed HDOT does not issue permits to vendors along state highways as a safety measure.
“Parking along highways, especially in areas not intended for parking, can create hazardous conditions as motorists pull off the road and pull back into traffic. Between 2017 and 2021, there have been 360 major crashes on state roads involving parked cars, with six fatalities resulting from those crashes,” she said.
HDOT requested the enforcement against highway vendors due to complaints on Highway 11 and Highway 19.
Food trucks operating on the side of the road will also need to either obtain a permit or move to private property.
Mansur said food trucks typically need to have a general excise tax license, along with a food establishment permit from the Department of Health. A permit issued from the Department of Health to prepare and sell food from a vehicle does not automatically allow people to set up wherever they wish. Food truck owners must still comply with all state and county laws when deciding a location on which to set up.
“Our island also hosts many special events, such as Kokua Kailua or the Street Eats Food Truck Festival. For such events, road closure permits are issued by the Hawaii Police Department, and vendors are encouraged to bring their business to these festivities,” added Mansur.
He said officers will be educating vendors prior to the enforcement target date.
“We are not looking to go out and immediately start writing tickets.
Our goal is to identify those who appear to be in violation, educate roadside vendors of applicable laws and permit processes, and encourage them to set up in areas where they can continue their business legally. If an individual refuses to bring their business into compliance with state and county laws, we will consider writing citations to that individual,” he said.
“There are many areas where food trucks and other vendors have the option to continue to operate. These include farmers markets, private parking lots, or special events. We are currently working with the Mayor’s Office and various County Council members to look at additional options where vendors can set up safely and legally,” he added.
A street vendor who wished to remain anonymous wondered why the enforcement is going to happen to people trying to make a living.
“With all of our other problems, why bother us? They will be taking away a tourist attraction,” she said.
Kyle Lesneski, owner of Friendly Fish, sells fish on the side of the road at the bottom of Kaiminani Drive.
He will not be impacted by the enforcement because he is set up on private property, but he wonders how the law betters the community.
“There are a lot bigger problems out there. These are people just trying to make a living and feed their family,” he said.
The law prohibiting highway vending states the following:
“No person shall park or place a vehicle or structure wholly or partly on any highway for the purpose of selling the vehicle or structure or of selling therefrom or therein any article, service, or thing, thereby creating a hazardous condition or a public nuisance or in reckless disregard of the risk of creating a hazardous condition or public nuisance.
The department of transportation may remove or require the immediate removal of the vehicle or structure from the highway. For the purposes of this section, ‘highway’ means the entire width, including the berm or shoulder of a public highway.”
