LIHU‘E — A bill proposing to ban all tobacco products in county parks almost turned into a resolution weeks ago, which would take away its enforcement component. Rather, the bill was sent back to committee and now has morphed into
LIHU‘E — A bill proposing to ban all tobacco products in county parks almost turned into a resolution weeks ago, which would take away its enforcement component. Rather, the bill was sent back to committee and now has morphed into an anti-smoking bill.
“It would have been a lot easier if it was a total ban, but we are looking for a win-win situation here,” Kaua‘i County Councilman Dickie Chang said at the council meeting Wednesday.
The council’s Parks and Recreation Committee, on its second round of dealing with the bill, on Wednesday recommended by a 3-2 vote that the full council approve the bill next week.
Bill 2437 has been bouncing around the council since Chang first introduced it on May 23, when it passed first reading. The Parks and Recreation Committee deferred the bill June 20, and on July 5 the bill squeezed out of the committee by a 3-2 vote.
On July 11, at the full council for final and second reading, both sides of the issue — the Coalition for a Tobacco Free Hawai‘i and those who opposed the ban — were not satisfied with the bill’s final version. Instead of working on further amendments, the council sent the bill back to committee for additional work.
On Wednesday, Councilman Tim Bynum said the majority of major hotels, resorts and condominiums have been converting to non-smoking facilities. As a result, they have designated public parks and beaches as smoking areas for their guests. One of those hotels on the island’s Eastside has gone to the extent of placing on public property a receptacle for cigarette butts, he said.
The bill is supposed to be back at full council for second reading next Wednesday. As it is now, the bill would no longer have a straight ban on tobacco products, and would impose a fine on those who “smoke or carry a lighted cigar, cigarette, pipe, or use any spark, flame or fire-producing device to light any of the aforementioned smoking devices.”
In other words, chewing tobacco or using it for different purposes would still be legal in county parks, as long as there is no fire or smoking involved. However, the bill, once a straight ban, would still allow smoking in a designated area in county parks — the parking lot. But smokers would have to move “at least 20 feet farthest downwind from the nearest park user who is using the park area adjacent to the parking lot,” according to the bill.
And if a park’s parking lot is being used as the primary venue for an event, such as Wednesday’s Sunshine Market at Kapa‘a New Town Park, there would be no smoking allowed there.
First offenders would be fined at least $100. The fine grows to at least $200 on a second offense and between $300 and $500 on subsequent offenses.
Valerie Saiki, representing the Coalition for a Tobacco Free Hawai‘i, had opposed the bill’s final version when it had reached full council July 11.
On Wednesday, she was willing to compromise.
Some members of the audience who testified, however, were not too happy with the bill, even with the amendment giving the parking lot to smokers.
Mary Pat Mills said the bill was discriminatory, and that she would rather see a resolution. Also, she said a ban may infringe on religious rights of Native Americans, who use tobacco in their ceremonies.
Tina Sakamoto said the bill was muddled and not easy to follow. It also lacks enforceability, she said. She, too, called for a resolution rather than an ordinance.
Tessie Kinnaman was another member of the audience who testified in opposition to the bill.
Public testimony in favor of the bill outnumbered the opposition 4 to 3.
Council members Mel Rapozo and KipuKai Kuali‘i have opposed the bill since it was first sent to committee back in June.
Rapozo said hotels and resorts can ban smoking on their properties if they want to, because they are private property.
He also said he thought the bill was unenforceable and was concerned the council was using its authority to legislate behavior.
“I think council member Rapozo articulated much of my same beliefs and feelings,” Kuali‘i said.
The bill’s current version mandates that by Jan. 1, 2015, the Kaua‘i Police Department chief “shall” provide a report to the council, evaluating smoking in parking lots of all county parks.
Such a report is supposed to contain concerns, citations issued and fines collected.
The council then would have until Jan. 1, 2016, to reassess the effectiveness of parking lots as designated smoking areas.
“One of the visions for Kaua‘i is a place for health and healing,” Council Vice Chair JoAnn Yukimura said in her closing statements.
After the meeting was over, she told Sakamoto she would be willing to work on an amendment to address her concerns of loss of religious rights.
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