[1]
Note: Prior Ordinance History: Ord. No. 691, July 5, 1995
As used in this Article:
"Adult"
means any natural person other than a minor.
"Chief of Police"
means the Chief of Police of the County of Kaua'i or the Chief of Police's authorized designee.
"Department"
means the Kaua'i Police Department.
"Minor"
means any natural person below the age of 18 years.
"Pepper Spray"
means any aerosol container or other device that is capable of emitting chloroacetophenone (CN), orthochlorobenzalmalononitrile (CS), or oleoresin capsicum (OC), or any combination or derivative thereof, in a vapor, gel, foam or liquid form.
"Person"
means the same as defined in Sec. 1-3.1. Kaua'i County Code 1987, as amended.
(Ord. No.1149, June 28, 2023)
(a) 
No person shall use or possess pepper spray in a volume greater than two (2) ounces.
(b) 
A person may possess and use pepper spray stored in any aerosol container or other device with a maximum volume of two (2) ounces, which is designed to fit into a handbag or a pants pocket. The container or device must have a mechanism to prevent the accidental release of the spray, and the container or device must use a nonflammable propellant or carrier. It is unlawful for any person to use pepper spray for any purpose, except:
(1) 
Self-defense;
(2) 
Defense of another person; or
(3) 
Protection of property of the person or of another person.
(c) 
It is unlawful for any person to sell, offer for sale, or otherwise furnish any pepper spray to a minor in the County.
(d) 
It is unlawful for a minor to purchase, possess, or use any pepper spray in the County.
(e) 
It is unlawful to sell or offer for sale any pepper spray on a premises where liquor or alcoholic beverages are consumed.
(f) 
It is unlawful for any person to alter the manufacturer's name on any pepper spray to be carried or used in the County.
(Ord. No.1149, June 28, 2023)
(a) 
Kaua'i Police Department is authorized to use all devices. The Chief of Police or the Chief of Police's subordinates may purchase, possess, discharge, use, or transport shells, cartridges, bombs, guns, or other devices emitting pepper spray in carrying out their duties.
(b) 
Private security agencies are authorized to use certain devices. Private security officers who are employees of private police or security agencies may purchase, possess, discharge, use, or transport shells, cartridges, bombs, guns, or other devices emitting pepper spray in carrying out their duties.
(c) 
Other organizations authorized to use device. Employees of government and private organizations who, by necessity of their employment, are required to go on private property to carry out their duties may possess, discharge, use, or transport shells, cartridges, bombs, guns, or other devices emitting pepper spray.
(Ord. No.1149, June 28, 2023)
Any person who violates this Article shall, upon conviction, be punished by a fine not exceeding two thousand dollars ($2,000) or by imprisonment not exceeding one (1) year, or by both, and the device is subject to forfeiture in accordance with Hawaii Revised Statutes, § 712A.
(Ord. No.1149, June 28, 2023)