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The Honolulu Advertiser
Updated at 5:14 p.m., Thursday, September 25, 2008

ILLEGAL CAMPING
Despite new law, Kapiolani Park still home to many homeless

By Mary Vorsino
Advertiser Urban Honolulu Writer

Hawaii news photo - The Honolulu Advertiser

Homeless camps can be spotted throughout Kapi‘olani Park despite a new law that bans overnight camping in city parks.

JEFF WIDENER | The Honolulu Advertiser

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ABOUT THE CAMPING LAW

  • The new illegal camping ordinance tailors the definition of illegal camping, so that it can no longer include, for example, daytime napping in the park.

  • It also narrows the old definition of illegal camping, which was using a park as a “living accommodation” and bans using a public park as a “temporary or permanent dwelling place” between 10 p.m. and 5 a.m.

  • The illegal camping ordinance does not apply to those who have simply fallen asleep in a park, through inebriation or fatigue.

  • Illegal campers must have set up a “dwelling place,” which is defined as a place used for human habitation as an overnight accommodation or lodging.

  • They must also have set up a “sleeping place,” including a tent, sleeping bag, some form of temporary shelter, bedroll, cot, blanket, pillow or cardboard.

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    Three weeks after the city's new "illegal camping" ordinance went into effect, dozens of homeless campers are still staying nightly in Kapi'olani Park at the gateway to Waikiki.

    Police have given out warnings to homeless campers in Kapi'olani, but have not been issuing citations or asking people to move on, campers and social service providers said.

    Elsewhere on the island, though, officers have been issuing citations to those who violate the ordinance, which took effect Sept. 5.

    From Friday night to Wednesday morning, officers issued 23 citations for illegal camping islandwide, police spokesman Maj. Frank Fujii said. Police also issued at least 41 citations for being in a park after it was closed, and handed out more than 50 warnings to those in violation of the laws.

    Fujii and police spokeswoman Michelle Yu could not say when campers in Kapi'olani could expect to start seeing citations, and could not provide information on the reasons for the lag in enforcement. But it appears part of the wait is to make sure the large contingent of homeless campers in Kapi'olani know about the new law and its consequences.

    "The goal is not to issue as many citations as you can," Yu said.

    Still, the situation is frustrating some Waikiki residents and perplexing service providers, who have been unable to give homeless in the park a definite date for when they'll have to move out.

    "I'm so confused," said Darlene Hein, program director of Care-a-Van, which provides supplies and outreach to homeless around O'ahu. "Nobody seems to have any real knowledge (on when the law will be enforced). I don't know what they're doing. It's a waiting game."

    Louis Erteschik, of the Waikiki Neighborhood Board, said it's strange that police would not act more quickly to move homeless out of Kapi'olani, since so many people were raising concerns about the encampment and how it might affect tourism in the state's top destination.

    If nothing is done by the end of the month, more residents and businesses are going to start asking questions, he said.

    "We expect something to be done soon," he said. "This is the law."

    Since the new ordinance was enacted, homeless providers have been working with the homeless campers in Kapi'olani Park in hopes of getting some into shelters or other programs. They say some homeless have moved on to other parks or shelters.

    Many more have decided to stay.

    For more on this story, see tomorrow's edition of The Honolulu Advertiser.

    Reach Mary Vorsino at mvorsino@honoluluadvertiser.com.