Mayor vetoes bill on shore business

Mayor Peter Carlisle vetoed a bill on Wednesday designed to stop all commercial activity at Kailua Beach Park and clarified that most of the business conducted there is already illegal under a separate measure that became law on July 1.

Carlisle vetoed Bill 11 (2012), which was passed 7-2 on July 11. The bill "sets a precedent of closing our beach parks to all commercial activity and affects people’s ability to earn a living, whether or not they contributed to the problem," the mayor said shortly before signing the veto message.

Further, he said, enactment of the law would make it more difficult to refuse other neighborhoods that want to enact similar bans.

Windward area Councilman Ikaika Anderson, who introduced Bill 11, said he would initiate steps for an override. Six votes are needed to override any mayoral veto. A vote will likely take place Aug. 15, the next regularly scheduled Council meeting.

Carlisle said he expects the Council to override his veto, although the conclusion is not clear-cut. Besides two "no" votes, three Council members voted for it "with reservations."

Anderson said he could not guarantee an override.

"I don’t like to count my chickens before they hatch," he said.

As a result of an interpretation of Bill 5 (2011), which went into effect July 1, most commercial activity was banned at all city parks.

The Carlisle administration on Wednesday clarified what both supporters and opponents of regulating commercial activity have been pointing out — that by definition, it’s now illegal for any person or entity to conduct business at city parks without a specific permit to do so.

Currently, only two windsurfing companies have permits to operate at Kailua Beach Park, while one food truck has a concession permit to operate in one of the parking lots.

Any other business — from a catering company to a kayak rental vendor — cannot even drop off merchandise at a city park without a permit, city officials said, although it would be legal to purchase a bento or rent a kayak from an outside location and bring such items into a park.

Deputy Managing Director Chrystn Eads said that by defining "commercial activity" in a broad manner, any delivery of service or goods at a city park without a permit is now clearly a violation.

Previously, Eads said, there needed to be proof that there was an exchange of money at a park before a commercial activity could be cited.

"We don’t have to prove you exchanged money," she said. "We can see you delivering a kayak to someone."

Assistant Police Chief Clayton Kau said there have been about 20 citations in violation of Bill 5, technically now known as Ordinance 12-2, since July 1. All have been in Kailua. A citation results in a court date, and a penalty of $500 or up to 30 days in jail.

Officers in Kailua have been instructed that "if they witness, and I emphasize, witness a violation, they are to take appropriate action," Kau said.

Both opponents and supporters of curbing commercial activity at Kailua have been unhappy with enforcement.

Bob Twogood, owner of Twogood Kayaks, said his company has been cited at least four times while other types of businesses have been allowed to continue operating without permits.

Bill 5 "effectively makes every single commercial activity in every single city park on Oahu (without a permit) illegal," Twogood said. "That’s not just us, but we seem to be the focus of the attention."

Supporters of regulating business at parks said a ban on commercial activity has been on the books for years and that they now think police have been lax by allowing business to continue operating in the weeks since Bill 5 took effect.

Kailua resident Randy Cates said that while the Honolulu Police Department had initially enforced Bill 5 and issued citations at Kailua Beach Park after it became law on July 1, it had not done so recently.

"I know calls have been made and no (police) have shown up," Cates said.

Ted Ralston, another Kailua resident, said, "We need to insist on effective and direct law enforcement."

Carlisle said that he and Parks Director Gary Cabato believe the all-out ban is "draconian." Rules are being established to create "a middle ground" that would allow some businesses at city parks with permits or licenses.

"The devil in the detail on that is exactly what’s reasonable and unreasonable," the mayor said.

Anderson said Bill 11 is important because it would ensure that vendors could not be able to obtain a permit or license from the city in the future.

Council Chairman Ernie Martin said he believes colleagues will examine the "unintended consequences" caused by Bill 5. "But clearly something needed to be done" about the proliferation of commercial activity at Kailua Beach, he said.