Question: We just got the ban on commercial activity on Waimanalo beaches barely a year ago. Will that stand if the current bill before the Honolulu City Council is approved?
Answer: No, not as is. Bill 19 (2023), which passed a first reading by the Honolulu City Council on Wednesday, aims for islandwide regulation of commercial activities at city parks, and would repeal current site-specific restrictions. Most public testimony opposed it for that reason: More than a dozen beach parks have bans on commercial activity codified into municipal law, which many residents of those areas — including in Kailua, East Oahu and the North Shore — don’t want to lose. Of 77 people who submitted testimony online ahead of the meeting, 68 opposed the bill.
The Department of Parks and Recreation, which drafted the bill at the request of the Blangiardi administration, says an islandwide approach regulating commercial activity is needed because park-by-park rules are confusing, difficult to enforce and drive commercial activity from one park to another. Meanwhile, illegal commercial activity continues to proliferate, generating numerous complaints, it said.
The bill would permit certain limited commercial activity islandwide, aiming “to create a simplified, easily understood law which applies to City parks across O‘ahu, thereby making compliance and enforcement more likely,” the department said in an FAQ posted on its website. As introduced, it said, the measure would:
>> Prohibit commercial activity at city parks and beaches from Saturdays at 1 p.m. to Mondays at 8 a.m., as well as holidays, with exceptions for certain permitted events.
>> Continue to allow existing, legally permitted commercial activities, but impose new limits on the time, place and number of permits per park. Activities in this category include tour buses, swimming and surfing lessons, scuba diving and snorkeling, photography, commercial filming, and hiking at Hanauma Bay.
>> Create a process that any proposed new commercial activity must follow before being authorized, which would include demonstrating community support for the new activity via surveys and a public meeting, and adopting administrative rules that would place “time, place and number limitations” on the new activity.
>> Require all commercial activities to display their permit while conducting business in city parks.
>> Use an online lottery system to issue permits for a fee.
>> Remove “existing, piecemeal bans on commercial activity which are based on specific park or geographic location.” About 20 such locations are listed in the bill.
>> Allow no more than three tour vehicles in any park at the same time and no more than 10 tour vehicles per day per park.
>> Prohibit commercial activities on unimproved park lands or within Conservation Districts, other than Hanauma Bay.
>> Outline penalties for noncompliance, including escalating fines and/or permit revocation.
The bill also covers tour vehicles, limiting the size of permitted vehicles to a capacity of 12 to 25 passengers. They wouldn’t be allowed to stop at city beach parks on weekends (5 p.m. Friday through 8 a.m. Mondays) and on holidays. There would be exceptions for vehicles used for certain permitted events, such as festivals and regattas, as well as for vehicles serving disabled passengers and vehicles at the Hanauma Bay Nature Preserve and Halona Blowhole.
Opposition also dominated in-person testimony at Wednesday’s meeting, from people outraged that hard-fought restrictions at their neighborhood beach parks would be repealed. Council members also expressed concerns, with at least two saying the bill would need amendments to gain their support. DPR’s director described the bill as a starting point and welcomed input as it continues through the City Council process, which will include several more hearings. Read the bill at hnldoc.ehawaii.gov/hnldoc/measure/2469.
Write to Kokua Line at Honolulu Star-Advertiser, 500 Ala Moana Blvd., Suite 7-500, Honolulu, HI 96813; call 808-529-4773; or email kokualine@staradvertiser.com.
