Park bill for night closings advances
By Treena Shapiro
Advertiser Staff Writer
A bill that would close city parks at night was approved by a City Council committee yesterday, despite concerns that the law would penalize legitimate park users.
Councilman Donovan Dela Cruz said he introduced the bill after hearing community members at drug task-force meetings who told of their concerns about illicit activity in parks at night..
"We've had a lot of calls from many people that said they would like some set hours for parks, not in the sense that they need to be standard, but they wanted to have some input in making sure they can get their parks back. They felt that a lot of parks are being overtaken at night," he said.
The bill was advanced by the Parks and Economic Development Committee in a 4-1 vote, with Councilman Mike Gabbard voting in opposition. The bill now goes before the full council for a public hearing.
Of the four community members who appeared before the committee to testify yesterday, only one supported the bill.
Parks Director Bill Balfour told the committee it would be easier for police to enforce the closing times if they were consistent, since parks now close at various hours, if at all.
The bill sets standardized closing hours for lighted tennis, volleyball and basketball courts between 10 p.m. and 5:30 a.m., while all other public parks would be closed between 8 p.m. and 5:30 a.m.
"What we're really aiming at is the undesirable element," he said, listing people who vandalize, drink alcohol or use drugs.
He said he did not expect anyone to split hairs over people arriving at the parks too early to walk, or using the park at night for legal activity. "It's my observation, if it's nighttime and you're walking your dog or you're out there stargazing with your honey, nobody's going to bother you," Balfour said.
Councilwoman Barbara Marshall, who is not a member of the committee, urged her colleagues to vote down the measure. Existing laws cover the use of drugs and alcohol in the park, as well as other illegal activities.
"I am very much opposed to laws that make good people criminals," she said.
Downtown Neighborhood Board Chairwoman Lynne Matusow testified that individual neighborhoods should have the flexibility to set their own hours. "Each community has different needs," she said.
Wai'anae resident Cynthia Rezentes echoed the sentiment in her testimony and noted that the city already has a process to set closing hours for individual parks.
She also objected because "the bill hasn't taken into account, in my mind, who we're targeting and specifically what group." Rezentes called the bill "too broad" and said it "penalizes people I don't think you want penalized."
Michelle Matson, a member of the Kapi'olani Park Advisory Council, testified she would like to see the city impose closing hours and make sure they are enforced. She pointed out that even though Kapi'olani Park is closed between 10:30 p.m. and 5:30 a.m., "we were still stuck with the same conditions persisting." People who are homeless and people who deal drugs have damaged the park, she said.
The bill contains many exceptions. Parks that allow camping would continue to be open at night for users with permits, the shoreline would be accessible for night fishing, and Hawaiians could still use the parks to exercise traditional rights for subsistence, cultural and religious purposes. People would also be allowed to walk or drive through the parks if they are trying to reach a location outside of the park.
In addition, parks could remain open for special events, at the discretion of the parks director.
Residents could also lobby the parks director to have the hours at their community parks adjusted to suit the neighborhood's needs.
Reach Treena Shapiro at tshapiro@honoluluadvertiser.com or 525-8070.
Correction: Lynne Matusow's name was misspelled in a previous version of this story.
