The URL can be used to link to this page

Home My WebLink About08-19-2009 PH BILL 2320 PUBLIC HEARING AUGUST 19, 2009 A public hearing of the Council of the County of Kauai was called to order by Lani Kawahara, Chair, Parks/Transportation Committee, on Wednesday, August 19, 2009, at 1:32 p.m. at the Council Chambers, Historic County Building, 4396 Rice Street, Lihu`e, Kauai, and the presence of the following was noted: Honorable Tim Bynum Honorable Dickie Chang Honorable Jay Furfaro Honorable Daryl W. Kaneshiro Honorable Lani T. Kawahara Honorable Derek S. K. Kawakami Honorable Bill "Kaipo" Asing, Council Chair The Clerk read the notice of the public hearing on the following: BILL NO. 2320 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PUBLIC PARKS AND RECREATION, which was passed on first reading and ordered to print by the Council of the County of Kauai on July 22, 2009, and published in The Garden Island newspaper on July 30, 2009. The following communication was received for the record: • Carl Imparato email, dated 08/18/2009 The hearing proceeded as follows: BRUCE PLEAS: Bruce Pleas for the record, testifying as a Kauai resident. I'm a member of the Kekaha Host Community Benefit community action committee. I am not a member of any organization, profit or nonprofit, and I'm also not a representative for any lobbying organization registered or unregistered in the State of Hawaii. On this bill before public hearing, I really have some questions whether this is needed or not. We presently have drunken disorderly at a park... means that you can be picked up by the police. Drunk and driving means you can be picked up by the police. I think we're covered already if there's a problem at the parks. What I see this as is if you're not going to be able to drink at the park between 11 and 6 a.m., which can be monitored now by the policemen because you're there, where are you going to drink? Well, maybe you'll drink in front of your friend's house, make a lot of noise, or you'll spread out and go 1 somewhere where the police don't know where you're at. So you know, generally...I mean it's a good idea, but it's also an infringement upon your rights again for our parks. And then also, the other one is, shall not apply to campers with valid camping permits. Well, between 11 p.m. and 6 a.m. that means park rangers are going to have to be out there and see if who's what and what's who. So I have some...you know, those are comments on it. I mean for or against it, either way; it's just another law that's going to be there that has to be enforced. So thank you. Ms. Kawahara: Thank you. Anybody else wanted to speak on this bill? Mr. Mickens? GLENN MICKENS: For the record, Glenn Mickens. Thank you Lani. Just have a short comment. If fully support this bill with the amendment to Chapter 19 prohibiting use of alcoholic beverages in all parks and recreational areas between the hours of 11 p.m. and 6 a.m. However, I would go one step further and prohibit the use of all alcoholic beverages in any of our parks and recreational facilities at any time. All these prohibitions, as written, they're fine. But without proper enforcement, they are no better than the paper they are written on. I do not believe that our police need the added responsibility of enforcing these rules, but we do need more park rangers, in my estimation, if we want real enforcement. Because no matter what laws we pass, we don't have anybody to, you know, go out and see that they're taken care o£ I don't think it'll happen. I'm not sure, but doesn't Honolulu prohibit the use of alcohol beverages in their parks and recreation? I think you brought it up one time, Kaipo. So I just think alcoholic beverages create a lot of problems, and I think they should be banned from those particular areas. Thank you. Ms. Kawahara: Thank you. Derek...I mean Councilmember Kawakami, you had something? Mr. Kawakami: No, just a quick point for clarification. But the reason why this bill was introduced was at the request of the police department. So you know, just to clarify the issues on enforcement and, you know, it was by request from the chief of police. Mr. Mickens: So the police do feel that they will have the manpower to be able to enforce this ordinance? Mr. Kawakami: Apparently so. Mr. Mickens: I doubt that, but... that's their call. Thank you. Mr. Kawakami: Thank you. 2 Ms. Kawahara: Thank you. I see JoAnn Yukimura wants to... come up . JOANN YUKIMURA: Good afternoon Council Chair, Committee Chair, Members. Boy, I'm beginning to feel like one of those regulars. JoAnn Yukimura for the record. I have not been tracking this bill, and I came to speak on the plastic bags reduction bill, but I do want to share with you the discussions that have occurred in our drug prevention groups. And we had discussions which included police officers where they talked about the beginning of a rave party happening at Po`ipu Beach Park, you know, at 10 o'clock, and these happen fairly instantaneously within this cell phone age, and they're not being able to enforce because there's no law prohibiting alcohol. And so my understanding matches Councilmember Kawakami's input that the police department would like to have this bill, and it might be good to have, if you don't already have on record, a written statement from them, and you may with to ask the drug prevention groups for some official opinion. I'm not speaking officially, because there hasn't been a decision on this particular bill that I know of, and as I said, I didn't plan to speak. But I do want to share that we have had discussions, and that this kind of bill has been talked about in a very positive way, and I personally would support it based on what I know of the needs of law enforcement and those of us who want to help prevent alcohol abuse and drug abuse. Thank you. Ms. Kawahara: Thank you. Any questions or discussion on... Okay, anybody else in the public want to come up and speak on this bill? Seeing none, I adjourn this portion of the meeting. Thank you. There being no further testimony on this matter, the public hearing adjourned at 1:40 p.m. Respectfully submitted, PETER A. NAKAMURA County Clerk /ao 3 Page 1 of 1 From: carl.imparato@juno.com Sent: Tuesday, August 18, 2009 5:37 PM To: Council Testimony Subject: Testimony on Bill 2320 August 18, 2009 Re: Bill 2320 -Alcohol Curfew in Public Parks Aloha Councilmembers, I strongly support Bill 2320. During my tenure as president of the Hanalei-to-Ha'ena Community Association, I have received a number of complaints regarding unreasonable noise, drinking and other activities taking place at night in the three county beach parks in Hanalei (Waioli Beach Park, Hanalei Pavilion, and Black Pot Beach Park). These county beach parks are located adjacent a residential area, and it is unfair that residents be subjected to unreasonable noise at night. Bill 2320 would help to address some of the after-hours problems. First, it would prohibit activities that truly have no legitimate place in public parks at night. Second, it would provide a clear regulation that would enable the Kauai Police Department to enforce against such activities. In addition to supporting Bill 2320, I also suggest that the curfew time begin at 10:00 pm rather than 11:00 pm, as there is a reasonable expectation that our parks should be quiet after 10:00 pm and there is no reason to allow consumption of alcohol in public parks (other than the exceptions already allowed in Bill 2320) after that time. Thank you for introducing and supporting Bill 2320 and for considering the amendment above. Carl Imparato P.O. Box 1102, Hanalei HI 96714 808-826-1856 carl.im~?arato@juno.com 8/19/2009