[§712-1207] Street solicitation of prostitution. (1) It shall be unlawful for any person within the boundaries of Waikiki and while on a public street or sidewalk to offer or agree to engage in sexual conduct with another person in return for a fee.

(2) Notwithstanding any law to the contrary, any person violating this section shall be guilty of a petty misdemeanor and shall be sentenced to a mandatory minimum term of thirty days imprisonment. The term of imprisonment shall be imposed immediately, regardless of whether the defendant appeals the conviction, except as provided in subsection (3).

(3) As an option to the mandatory minimum term of thirty days imprisonment, if the court finds the option is warranted based upon the defendant's record, the court may place the defendant on probation for a period not to exceed one year, subject to the mandatory condition that the defendant observe geographic restrictions that prohibit the defendant from entering or walking along the public streets or sidewalks of Waikiki during the hours from 6 p.m. to 6 a.m. Upon any violation of the geographic restrictions by the defendant, the court, after hearing, shall revoke the defendant's probation and immediately impose the mandatory minimum thirty-day term of imprisonment.

(4) Any person charged under this section may be admitted to bail, pursuant to section 804-4, subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or walking along the public streets or sidewalks of Waikiki during the hours from 6 p.m. to 6 a.m. Notwithstanding any other provision of law to the contrary, any person who violates these bail restrictions shall have the person's bail revoked after hearing and shall be imprisoned forthwith.

(5) For purposes of this section:

"Sexual conduct" has the same meaning as in section 712-1200(2).

"Waikiki" means that area of Oahu bounded by the Ala Wai canal, the ocean, and Kapahulu avenue.

(6) This section shall apply to all counties; provided that if a county enacts an ordinance to regulate street solicitation for prostitution, the county ordinance shall supersede this section and no person shall be convicted under this section in that county. [L 1998, c 149, §2]