If billboards are illegal in Hawaii, why is it that an airplane with an electronic billboard is allowed? Within the last few weeks, an airplane has been flying over Waikiki, as late as 10:30 at night. It's noisy and an eyesore. Where do we complain? Legality of aerial sign
is still up in the airYou can complain to the city Department of Land Utilization, which has already issued a violation citation against SkySign International, said Deputy Director Lorrie Chee. Call 523-4433 or police at 911, she said.
The department last week was in the process of handing out a second citation for a recurring violation, she said. The electronic helicopter sign is considered aerial advertising and thus an off-premise sign, which is prohibited by state and county law, she said.
But the Federal Aviation Administration, which has jurisdiction over air space, has given SkySign a certificate of authorization for "night time aerial advertising."
"We fly perfectly legally," said a spokesman for the company, who didn't want to be identified.
As far as the FAA is concerned, the company is authorized to fly, said William Miller, supervisor of the Hawaii District FAA operations unit.
The FAA stipulates that the company is "responsible for all city, state and county laws, but it doesn't say we will revoke your permit" otherwise, Miller said. It's the permittee's responsibility to adhere to valid local laws, he said.
But SkySign's spokesman maintains that the city regulation didn't exist when the flights started and therefore is "a punitive law."
As for the noise, Chee said the city has no jurisdiction over that issue, while Miller says that, as far as the FAA is concerned, the aircraft met all required standards, including noise, when it was certified to fly.
SkySign has appealed the department's citation to the Zoning Board of Appeals. A hearing was set for this week but has been postponed, probably until August.
This dispute seems likely to end up in court.
SkySign's helicopter -- equipped with an 8-foot-high, 36-foot-long electronic sign -- usually flies on Thursday, Friday and Saturday, from about 7 p.m. to 10:30-11 p.m., between Aloha Tower and the Honolulu Zoo.
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