Parking Law Scope Clarified: Businesses Face Increased Citation Risk if Operating Near Crosswalks

Recent inquiries have confirmed that Hawaii's revised parking regulations, mandating a 20-foot clearance from crosswalks and intersections, are applicable across all zones statewide, not exclusively within school districts. This clarification is critical for businesses as it broadens the potential impact of this law on customer and employee access, as well as on property utilization. Failure to adhere to these new dimensions could result in increased citations and penalties, impacting operational costs and customer convenience.

The Change

Effective immediately, the parking law, which prohibits vehicles from parking within 20 feet of any crosswalk or intersection, applies universally throughout Hawaii. Previously, there was ambiguity regarding its scope, with some anticipating it to be limited to school zones. This statewide application means that any business with customer or employee parking, loading zones, or designated areas located within this 20-foot buffer on any public street is now subject to enforcement. The Hawaii Department of Transportation (HDOT) has emphasized that this is a safety measure aimed at improving pedestrian and driver visibility.

Source: Honolulu Star-Advertiser

Who's Affected

This statewide clarification has several immediate implications for businesses across Hawaii:

Small Business Operators

• Increased Citation Risk: Restaurants, retail shops, and service providers that rely on street parking or have front-facing premises with accessible parking areas are now at higher risk of receiving citations if their customer parking or access points fall within the 20-foot exclusion zone. This could lead to unexpected operational disruptions and fines. For example, a small cafe with three street-side parking spots directly adjacent to an intersection may now find those spots unusable or subject to ticketing.
• Potential for Parking Reconfiguration: Businesses may need to re-evaluate and potentially reconfigure their parking arrangements, which could involve designating new parking zones, or, in some cases, relocating entrances or signage, incurring additional costs.

Real Estate Owners

• Property Accessibility: Landlords and property managers must ensure that building access points, including driveways and customer entrances, are not located within the prohibited 20-foot radius of an intersecting street or marked crosswalk. This impacts lease agreements and tenant usage of property.
• Commercial Development: Developers planning new commercial properties or significant renovations must factor this 20-foot rule into their site planning and parking lot design from the outset to avoid costly modifications later. The ability to utilize adjacent street parking for overflow or regular use by tenants and their customers is now more constrained.

Tourism Operators

• Guest and Employee Parking: Hotels, tour companies, and other hospitality businesses often utilize street parking for guest drop-offs/pick-ups, tour bus staging, and employee parking. The 20-foot rule could affect designated loading zones, valet areas, and general customer parking proximity to hotels and major attractions, potentially impacting guest experience and operational efficiency.
• Visitor Experience: Guests arriving by personal vehicle or ride-share may find parking less convenient if previously accessible areas are now restricted, necessitating adjustments in how visitors access establishments.

Second-Order Effects

• Stricter Parking Enforcement → Reduced Customer Access → Lower Foot Traffic for Businesses: If parking becomes more difficult to find or is perceived as risky due to potential citations, customers may opt for alternative locations or modes of transport, directly impacting sales for businesses reliant on vehicle-dependent clientele.
• Increased Citations → Higher Operational Costs → Potential for Price Increases: For businesses that incur parking fines regularly due to their location, these added costs could be passed on to consumers through higher prices for goods and services, or absorbed, reducing profit margins.
• Limited Street Parking Availability → Increased Demand for Off-Street Parking → Higher Commercial Lease/Rental Rates: As street parking becomes less reliable or usable near intersections and crosswalks, demand for dedicated off-street parking in commercial areas could rise, potentially driving up rental rates for properties that include or offer dedicated parking.

What to Do

Given the immediate and statewide application of this parking law, a proactive approach is required.

Small Business Operators

• Immediate Action Required: Conduct a thorough on-site assessment of all customer and employee parking areas, as well as any designated loading or drop-off zones. Use measuring tapes to verify distances from any marked crosswalk or street intersection to the nearest parked vehicle or parking space marker.
• Mitigation: If any parking areas are found to be within the 20-foot limit, immediately take steps to restrict or prohibit parking in those specific spots. This could involve placing temporary signage, cones, or barriers. Consult with your local county Department of Transportation or relevant agency for guidance on how to best reconfigure affected parking areas to ensure compliance.
• Employee Briefing: Inform all employees parking company or personal vehicles to be aware of and adhere to these new restrictions. Ensure delivery and service vehicles also comply when making stops.

Real Estate Owners

• Immediate Action Required: Review property layouts and leased premises for any commercial tenants. Identify any parking or access points that might be impacted by the 20-foot rule. This is crucial for ensuring tenant operational viability and avoiding potential lease disputes.
• Tenant Communication: Proactively communicate this clarification to all commercial tenants, providing them with information on the new regulations and advising them to review their respective premises for compliance. Offer to assist in identifying compliant parking solutions.
• Future Development Review: For planned new developments or renovations, ensure that site plans strictly adhere to the 20-foot exclusion zone for all vehicle access, parking, and circulation areas relative to crosswalks and intersections. Consult with civil engineers and traffic consultants during the design phase.

Tourism Operators

• Immediate Action Required: Conduct an audit of all customer drop-off/pick-up zones, valet parking areas, designated guest parking, and employee parking near your establishment or primary access points. Measure the distance from these areas to the nearest crosswalk or intersection.
• Operational Adjustments: If any areas are non-compliant, implement immediate adjustments. This may involve relocating valet stands, designating new short-term parking for guest services, or adjusting bus staging areas. Communicate any changes clearly to guests and staff.
• Staff Training: Ensure all front-line staff, particularly those involved in guest services, valet, and transportation, are fully informed about the new parking regulations and the adjusted operational procedures to guide guests effectively.