Sign waving on public highways has increased significantly over the past years. Such activities threaten the safety and welfare of motorists and pedestrians alike. Sign wavers often congregate near busy intersections, along roadways, and near crosswalks. These activities can distract motorists, interfere with and obscure pedestrians using sidewalks and crosswalks, and obstruct the view of motorists merging into oncoming traffic or making turns into intersecting streets.

An increase of sign wavers occurs primarily when primary and general elections are to be held, but the potential problems from such activities can occur at any time.

The purpose of the ordinance codified in this chapter is to regulate reasonably the location and type of signs displayed on our highways. (Ord. 1870 § 1 (part), 1989)

As used in this chapter, unless the context otherwise requires:

A. "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

B. "Sign" means any sign, poster, banner, flag, or clothing carried, held, worn by a person, supported by a vehicle, or otherwise displayed. (Ord. 1870 § 1 (part), 1989)

A. Every person who wishes to hold or display a sign within the right-of-way boundary of any highway in the county of Maui shall be subject to the provisions herein.

B. No person shall hold or display a sign within the right-of-way boundaries of any highway in any manner which draws, is intended to draw, or may draw the attention of occupants of motor vehicles using a highway if the person and/or the sign is:

1. Within fifty feet of any traffic control signal;

2. Within twenty feet of a pedestrian crosswalk;

3. On a median strip of a divided highway;

4. On a traffic island;

5. Closer than six feet to the edge of the pavement or other surface of the highway;

6. On a pedestrian or vehicular overpass structure which crosses above or adjacent to any highway.

C. No person shall hold or display a sign within the right-of-way boundaries of a highway in any manner which draws, is intended to draw, or may draw the attention of drivers of motor vehicles if the sign is illuminated with artificial light from a light source attached to the sign, held by a person, or powered by a portable generator. (Ord. 1870 § 1 (part), 1989)

Failure to comply with the provisions of this chapter shall be punishable by a fine of fifty dollars for the first offense; one hundred dollars for the second offense; and two hundred dollars for all subsequent offenses. (Ord. 1870 § 1 (part), 1989)