Smoking is no longer legal at major East Honolulu beaches and parks under a bill signed Monday by Mayor Kirk Caldwell.
But a glitch in the language means enforcement must wait at six of the seven locales.
City officials said the City Council needs to pass a separate bill to remedy the situation.
Under existing city law, the city is powerless to prohibit smoking on state property, and six of the seven beaches named in the smoking-ban measure are owned by the state.
That glitch in Bill 72 (2012) was detailed in a memo April 2 to Council Chairman Ernie Martin from Toni Robinson, director of the city Department of Parks and Recreation.
The one place where the smoking ban can be enforced immediately is the beach side of Ala Moana Regional Park. The beach side of that park is owned by the city, Caldwell spokesman Jesse Broder Van Dyke said.
The six places that will require another bill to be passed for the ban to take place are Sandy Beach Park, the Duke Paoa Kahanamoku Beach Park, Kuhio Beach Park and three sections of Kapiolani Park. A copy of the bill drafted by city attorneys was included in Robinson’s memo to Martin.
Bill 72 (2012) itself was fine, but city attorneys want to ensure the bill is enforceable "so that there’s no challenge by someone who may be cited," Caldwell told the Star-Advertiser. "Obviously we want a strong bill that, when it is enforced, is defensible should some pro-tobacco or smoking person bring a challenge to it."
Before Monday, smoking was allowed at all outdoor city parks and beaches except Hanauma Bay Nature Preserve.
Now violators are subject to fines of up to $100 for a first offense, $200 for a second violation within 12 months and $500 for subsequent offenses.
Michelle Yu, Honolulu Police Department spokeswoman, said the department is hoping for voluntary compliance the same way the public responded to the law against texting while driving.
"The department’s primary focus at this time will be to educate beach- and park-goers on the new law," she said.
The bill was sponsored by Councilman Stanley Chang, who argued that it was both a litter and health issue. Chang noted that cigarette butts are consistently the biggest source of trash during volunteer litter pickups.
During debate on Bill 72, Councilman Ikaika Anderson unsuccessfully tried to have the ban apply to all city parks and beaches.
But Chang and others said they want to see how a localized ban works before deciding whether it should go Oahu-wide.
On Monday afternoon Caldwell also reiterated his support for a smoking ban encompassing all city parks. He noted that he supported similar legislation while he was a member of the state House of Representatives.
"I believe it’s the right thing to do from a health point of view," the mayor said. "I believe it’s the right thing to do from an environmental point of view."
Contrary to discouraging travelers from coming to Hawaii, a beach smoking ban might enhance the visitor experience, he said.
