The City Council is poised to pass a measure that would bar the storage of furniture, clothing and other personal property in public areas such as sidewalks and parks.
Bill 54 is set for a final vote before the Council on Wednesday.
The city administration has defended the bill as necessary to establish a standard process to deal with items left in public spaces, including items kept in parks by homeless people. No criminal citation would be issued, and the city aims to get voluntary compliance from people whose property is found at those sites.
Council members have advanced the bill with only Councilman Nestor Garcia consistently voting in opposition, calling it a back-ended approach to dealing with the homeless population.
Supporters of the measure say it is needed to make public space available to all, pointing to homeless encampments in areas such as Old Stadium Park, where complaints have arisen over sanitary conditions and public safety.
In testimony to the Council, resident Clyde Takatsuki noted a recent influx of homeless campers along the Kapalama Canal.
"There are no public bathrooms, so the campers urinate and defecate alongside buildings close to the Canal," Takatsuki said. "This is a health hazard, and we taxpaying citizens deserve better."
The city has said the measure would not be used to target the homeless, but opponents such as the American Civil Liberties Union of Hawaii say Bill 54 is a step toward criminalizing homelessness.
Councilwoman Tulsi Gabbard, the main sponsor of the bill, said the bill would affect the homeless, but that that is not the intent of the bill.
"There’s no question it definitely will have an impact in some communities where there are people storing their personal belongings in public rights of way," she said. "In those cases, we want to be very concerned and careful about working with the different social service agencies and people who can provide assistance and help on an ongoing basis — not just for the part of this measure, but on an ongoing basis to try to make sure that all of our people are taken care of."
Others have raised concerns over the cost of implementation.
Councilman Romy Cachola has supported the measure so far but indicated at a recent committee hearing that he might not do so on final reading if the city cannot produce a detailed financial analysis of what the bill might cost. Officials have said they would work with existing funds to implement the bill in the current fiscal year.
Under Bill 54, people found in violation would be given a written notice and 24 hours to remove their property. After that, the property would be impounded, and owners would have 30 days to recover it before it is discarded.
If the bill is passed by the Council, Mayor Peter Carlisle would have 10 working days to approve or veto the bill. It would become effective upon final approval.
Also on the agenda for Wednesday’s meeting — the Council’s last of 2011 — are permit requests for the $760 million expansion of the Hilton Hawaiian Village.
The Zoning and Planning Committee last month approved special management and planned development-resort permits for the expansion project.
Objections to the permits were raised by a family that leases a portion of the land under the Diamond Head Tower to Hilton.
The Mun family says its property was included as part of the project without its approval, attorney Cal Chipchase IV said. He sought a deferral of the permits to give the parties more time to settle issues related to the Muns’ access to their property, which they contend would be affected by the development.
Councilman Ikaika Anderson, Zoning Committee chairman, urged the parties to try to work out an agreement before the permits come up for a final vote. If no agreement has been reached by Wednesday, the Council may reconsider final approval.
The expansion would add 550 time-share units, swimming pools, parking and expanded retail space to the Hilton’s 22-acre resort, which consists of seven hotel and time-share towers.