Transit riders in Honolulu better clean up their act.

The City Council is considering a bill that will make it illegal to "bring onto transit property odors that unreasonably disturb others or interfere with their use of the transit system, whether such odors arise from one's person, clothes, articles, accompanying animal or any other source."

Councilman Rod Tam, a co-sponsor of the bill, explained why it is needed:

"As we become more inundated with people from all over the world, their way of taking care of their health is different. Some people, quite frankly, do not take a bath every day and therefore they may be offensive in terms of their odor."

There are existing city laws and rules covering passenger behavior on city buses. But council members Tam and Nestor Garcia, the introducers of the bill, thought it was important for the city to consider passenger behavior as Honolulu prepares to build its first commuter rail line.

Tam and Garcia lifted the language pertaining to odors from the King County (Seattle) code of conduct that covers its public transportation system.

Other prohibitions in the bill include spitting, urinating or being intoxicated.

Tam last year unsuccessfully sought to pass a bill addressing the issue of sleeping at bus stop benches, and this year's bill is considered a more comprehensive take on that concern.

Tam said last year's bill failed after opponents wrongly characterized it as an anti-homeless measure when it was meant to ensure the safety and comfort of bus passengers.

As for the odor prohibition raised in the new bill, Tam said passengers have complained to him about the sometimes ill-smelling conditions of city buses.

Garcia acknowledged the challenges with regulating smells and other conduct.

"It is, as you know, very difficult to regulate human behavior, but I thought it was a good idea to get the discussion going," he said.

Garcia stressed that the bill's language is up for discussion. Council Transportation Chairman Gary Okino said he may ask to have the bill deferred from his committee due to several concerns raised, including the odor prohibition.

"There's the whole issue about at what point does it become illegal," Okino said, noting that city attorneys are researching the matter. "How smelly does a person have to be? Just to base things on smell, I just don't feel good about that."

Concerns about the odor prohibition and other issues may extinguish Bill 59-09, which proposes a "passenger code of conduct" for riders of the city transit system.

ACLU CONCERNED

The local chapter of the American Civil Liberties Union and council member Charles Djou said they are worried the bill is onerous and too broadly worded.

"We are obviously concerned about laws that are inherently vague, where a reasonable person cannot know what conduct is prohibited," said Daniel Gluck, of ACLU Hawaii. "Vague laws — like the proposed 'odor' ban — open the door to discriminatory enforcement based on an officer's individual prejudices."

Djou said the bill raises constitutionality issues. "We would like everybody to be polite on city mass transit and I think that's a good idea," Djou said. "But we're not a police state."

Under the bill, a person found in violation may be ordered to leave transit property and issued a summons or citation by a police officer. If convicted, a person could be fined up to $500, spend up to six months in jail, or be both fined and jailed.

J. Roger Morton, president and chief executive of Oahu Transit Services, which operates TheBus, said that when there are odor complaints, bus drivers are told to "get some assistance" by contacting a supervisor, radio controller or police officer who decides whether a person should be removed.

Morton said that in general, he supports a passenger code of conduct. What's to be included, he said, is up to the city Department of Transportation Services and the council, he said.

The bill will be heard at 9 a.m. Thursday by the Council Transportation Committee.