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The Honolulu Advertiser
Posted on: Thursday, December 12, 2002

BUREAUCRACY BUSTER
Smoking in hallway is illegal

By Gordon Y.K. Pang
Advertiser Staff Writer

Q: I live in a condominium and neighbors near my unit smoke. At first we didn't complain, but now both of my kids are constantly getting sick, and my daughter has developed asthma. The doctor has suggested that second-hand smoke could be a contributing factor.

Our requests to the neighbors to stop smoking in the hallway were ignored. After some resistance, we got the board of directors to amend the house rules for our building, but the rule is not being enforced.

A: City ordinances prohibit smoking in common areas of condominiums, apartments and other multifamily dwellings, "including but not limited to lobbies, hallways, corridors, stairways, waiting areas, and recreation areas."

The law calls for a $100 penalty for a first violation, up to $500 for repeat violations. But enforcement may be a problem.

A police officer must see someone with a lighted cigarette in a prohibited area to issue a citation, said police Sgt. Lester Hite of District 1. He suggested distributing a photograph of an offense to the condominium association or police.

Julian Lipsher, director of the Health Department's Tobacco Prevention and Education Project, suggested pushing the building manager or management company to enforce the rules.

The matter also could be taken to the Neighborhood Justice Center, but the other party would need to agree to such a resolution.

• • •

Q: I'm a regular swimmer at Ala Moana beach. A certain individual is in the habit of dumping large quantities of bread crusts (and sometimes popcorn) into the water near lifeguard tower 1 at Magic Island. I've tried talking to him and to the lifeguards on duty, all to no avail.

A: "We need to find out just how much of what is being dumped," said Gary Moniz, enforcement chief for the Department of Land and Natural Resources' Division of Conservation and Resources Enforcement. Moniz said he wants to get in touch with the reader so he can send someone to witness the dumping.

Technically, dumping any waste into the ocean is illegal. Small quantities of food are not a problem, but large amounts may be a concern, Moniz said.

Aquatic Resources Administrator Bill Devic said feeding fish distorts the ecosystem by attracting more, larger species than normally enter near-shore areas, such as nenue — also known as rudder or chub fish — which can be aggressive toward humans. But it would take substantial, consistent dumping of bread or popcorn for water quality to be affected, Devic said.

• • •

Do you ever get frustrated or confused trying to navigate the various layers of government? Are you looking for an answer to a simple question but can't figure out where to start? If you have a question or a problem and need help getting to the right person, you can reach The Bureaucracy Buster one of three ways:

• Write to: The Bureaucracy Buster
The Honolulu Advertiser
605 Kapi'olani Blvd.
Honolulu, HI 96813

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• Phone: 535-2454 and leave a message.

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