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§ 14-8 H AWAI‘I C OUNTY C ODE
<br />Section 14-8. Possession and use of obnoxious substance prohibited.
<br />(a) No person shall use a shell, cartridge, bomb, gun, or other device capable of
<br />emitting any liquid, gaseous, or solid substance or any combination thereof, which
<br />is injurious to a person or property, or which is nauseous, sickening, irritating or
<br />offensive to any of the senses; to injure, molest, discomfort, discommode, or coerce
<br />another in the use or control of their person or property or engage in a “crime of
<br />violence” as defined in Hawai‘i Revised Statutes Title 37, which involves injury or
<br />threat of injury to the person or property of another.
<br />(b) No person shall possess, discharge, use, transport, sell, or offer to sell any shell,
<br />cartridge, bomb, gun, or other device capable of emitting chloroacetophenone (CN),
<br />orthochlorobenzylmalononitrile (CS), or their derivatives in any form.
<br />(1983 CC, c 14, art 2, sec 14-8; am 1995, ord 95-90, sec 2.)14-8
<br />Section 14-9. Exceptions.
<br />(a) The chief of police and his subordinates may purchase, possess, discharge, use, and
<br />transport shells, cartridges, bombs, guns, and obnoxious substances in carrying out
<br />their duties.
<br />(b) Notwithstanding the prohibitions prescribed in subsections 14-8(a) and (b), private
<br />security officers who are employees of licensed private police or security agencies
<br />may purchase, possess, discharge, use, or transport shells, cartridges, bombs, guns,
<br />and other devices in carrying out their duties, subject however, to the conditions
<br />prescribed in sections 14-11 and 14-12.
<br />(c) An employee of a government or private organization who, by necessity of
<br />employment, is required to go on private property to carry out a duty, may possess,
<br />discharge, use, or transport shells, cartridges, bombs, guns, and other devices
<br />subject to the conditions prescribed in section 14-12.
<br />(1983 CC, c 14, art 2, sec 14-9; am 1995, ord 95-90, sec 2.)14-9
<br />Section 14-10. Permit required for agency.
<br />(a) Any agency desiring to purchase, possess, discharge, use or transport an obnoxious
<br />substance shall first file an application for a permit on forms provided by the chief
<br />of police. The application shall include the name of the officer or employee who has
<br />been authorized to purchase the obnoxious substance from a vendor.
<br />(b) The agency shall submit the name of each employee who is to possess, discharge,
<br />use or transport the device together with its application for permit, so that the chief
<br />of police may issue separate permits to each of the named employees.
<br />(c) Each agency except for government agencies shall pay to the director of finance a
<br />sum of $50 for its permit and a sum of $5 for each permit issued to its employees.
<br />(d) Each agency is authorized to purchase only the device emitting an obnoxious
<br />substance listed on its permit. The device shall at all times remain in the exclusive
<br />ownership and control of the agency.
<br />(1983 CC, c 14, art 2, sec 14-10; am 1995, ord 95-90, sec 2.)14-10
<br />14-8
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