A weekend restriction on commercial activity at world-famous Kailua Beach Park is scheduled to begin on July 1, even as the City Council is feeling pressure from residents to adopt a total ban throughout the week. Kayaks and windsurfing businesses have overrun the beach and should not be allowed to overuse a favorite shoreline for residents and visitors — but the Council should take a look at the weekend ban as a trial run before extending it.
The Council approved the weekend ban in February, extending from Lanikai to Castle Point from 1 p.m. on Saturdays until 6:30 a.m. on Mondays. The proposed bill would prohibit commercial activity throughout the week; it passed the second of three needed approvals on Wednesday.
Under the new ordinance, companies will be allowed to rent out a kayak away from the park for renters to bring to the beach, but the kayak vendor will not be able to set up shop at the parks. Canoe regattas won’t be affected, and professional filming crews will be charged fees. The way businesses use a 15-minute drop-off provision of the rules will determine the effectiveness of the rule.
In a hearing Wednesday on the proposed complete ban, three kayak rental companies said it would cause them to close up shop unless they are allowed to have permits for water sports operators, allowing them to bring and pick up kayaks at a designated spot, with restrictions. As one water sports businessman testified to the Council, "The city needs to regulate, limit and enforce … but this ‘all or nothing’ attitude does not benefit anyone."
The issue of penalties also came up: Violators should not be punished by criminal penalties, as spelled out in regulations under the new law, but should face civil fines, suggested Waimanalo resident Laura Thielen, former state director of land and natural resources. Her suggestion makes sense, and the Council should postpone a final vote on the total-ban bill to give city Parks Director Gary Cabato time to come up with a fee system that may allow some commercial activities. And, again, to gauge effectiveness of the impending weekend restriction.
CABATO expects to propose that four permitted commercial water activity companies be allowed to drop off and pick up customers from the mauka side of Kawailoa Road, away from the beach parks’ main portion, banned by the present law. That is worth considering in future discussions, since it seeks to move the commercial activity away, although not far, from the beach park.
Kailua Councilman Ikaika Anderson, who authored both the weekend ban and the bill to expand it, complained that parks officials promised a year ago to come up with a plan for permitted activities. "Now you’re telling us to wait until June?" he asked.
His frustration certainly reflects the contentious and emotional issue that has pitted residential recreationists against commercialism that is threatening the idyllic nature of Kailua’s neighborhood public treasure. But at this point, holding off on a complete ban until after July 1 to give the weekend restrictions a chance to work would be preferable, allowing the Council and park officials to see if the new rules do indeed need to be changed or extended through the rest of the week.
