Bill to ban urinating on public property under consideration
By Gordon Y.K. Pang
Advertiser Capitol Bureau
Defecating or urinating on sidewalks, streets or other public areas would be illegal under a bill making its way through the state Legislature.
Honolulu Police Lt. Owen Harada said officers have cited offenders with disorderly conduct, open lewdness, criminal littering and indecent exposure but have been able to gain convictions only about 10 percent of the time because none of those laws directly address defecation or urination.
House Bill 1828, which moved out of the House Judiciary Committee yesterday, would make it a violation, similar to a traffic ticket, for people to relieve themselves on public property. The maximum punishment would be a fine of $200 or eight hours of community service.
Karl Rhoads, who lives in a downtown Honolulu high rise, said the problem is particularly acute in his neighborhood. Rhoads said his wife, while walking to work recently, saw a man defecate on the sidewalk in front of her just two blocks away from the Chinatown police substation that opens its restroom to the public 24 hours a day.
"This just happens all the time," said Rhoads, a member of the Downtown Neighborhood Board.
Carlton Middleton, whose job it is to clean the mess in front of a Chinatown office building when people relieve themselves, said the problem is smelly, unsightly and unsanitary. Further, he said, it discourages shoppers and tourists from frequenting the area.
Harada said the activity is not exclusive to the downtown-Chinatown area. "It's a problem at Ala Moana Beach, it's a problem in Wai'anae, it's a problem in Waipahu, it's a problem everywhere," he said.
State Public Defender Jack Tonaki testified against the measure, stating that it would pose an added burden on the homeless and mentally ill. "Homeless people, because they are not afforded the availability of a restroom, and the mentally ill, because they are not able to control their conduct, are the groups who most often resort to such action."
Rhoads, however, said many of the guilty parties are not homeless, but bus riders who relieve themselves at bus stops such as the one in front of his condominium. "They'll just shishi in the bushes behind the bus stop," he said.
Several lawmakers questioned the effectiveness of the bill. Rep. Cynthia Thielen, R-50th (Kailua, Mokapu), said she believes those who are homeless or mentally ill simply won't respond to the citations.
The bill was watered down somewhat in response to the concerns. The original bill called for the activity to be considered a petty misdemeanor punishable by up to 30 days in jail or a fine of up to $500.
Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8070.
Correction: No bill was ever introduced at the Honolulu City Council to make it illegal to defecate or urinate in public. A previous version of this story contained incorrect information.
