LIHU‘E — Contrary to popular belief — or disbelief — it is still legal to drink alcohol late at night in county parks. What apparently is an oversight caused late-night prohibition in county parks to be omitted in the current
LIHU‘E — Contrary to popular belief — or disbelief — it is still legal to drink alcohol late at night in county parks. What apparently is an oversight caused late-night prohibition in county parks to be omitted in the current version of the County Code.
The latest efforts from the Kaua‘i County Council to reinstate the ban stalled Wednesday. The council’s Parks and Recreation Committee opted to receive Bill 2458, shelving it without action and ultimately killing it. A new proposal is likely to be introduced soon to address pending issues.
“We know that next week we are going to introduce another bill to fix it,” said Councilman Mel Rapozo, an ex-officio committee member. “So why would we pass this bill today if we know we’ve got to fix it? Let’s receive it.”
Bill 2458 proposed to amend Section 19-1.4 of the County Code by adding a paragraph stating that, “No person at a park or facility shall … possess or consume any intoxicating liquor between the hours of 11 p.m. and 6 a.m., provided that this section shall not apply to campers with valid permits.”
Those same words had been put in the Code in September 2009 to reinstate a prohibition that had expired in December 2002, after an 18-month probationary period.
In May 2010, when the council amended the Code to allow dogs in the county multi-use path, the prohibition mysteriously disappeared from the Code.
“This is like deja vu, because we went through this in 2001 and again in 2009,” Councilman Tim Bynum said. “In 2009, we thought this was done. But no, we need to do more dialogue.”
Most committee members were OK either deferring the bill for further work or receiving it and starting with a brand new one.
Councilman Gary Hooser said there are clearly “significant questions of substance” that needed to be answered, in terms of possession and consumption, and also questions of process.
“Bottom line is, I’m not prepared to pass this today,” Hooser said.
Some of Rapozo’s main concerns were in regards to how would the Kaua‘i Police Department enforce possession and consumption of alcohol, and how the law allows campers with permits to drink alcohol and deny it to everyone else.
“How can you say it’s good for one and not for the other?” he said. “If this thing goes to court, is it even defensible?”
Council Chair Jay Furfaro, who is not a committee member, said the bill creates a “class of park users.” But he said it is important to give KPD officers the ability to settle differences with the minimum amount of negotiation.
“I would like to see us receive it and have a new bill,” said Councilman Ross Kagawa, who is the committee’s chair. He added he would also be fine with a deferral.
Council Vice Chair Nadine Nakamura was set on a deferral, so the council could get feedback from the Kaua‘i Police Department before deciding on whether receiving it. She cast the lone vote against receiving the bill.
See-saw prohibition
In June 2001, the council passed Ordinance 768, prohibiting alcohol consumption in county parks from 11 p.m. to 6 a.m. The prohibition was incorporated into the County Code, Section 19-1.4.
This law, however, was set to expire December 2002, and right after it happened, the council passed a few amendments to the Code. But the prohibition — including its already expired sunset date — somehow remained in the Code.
A subsequent amendment to Section 19-1.4 in May 2003, did not touch the prohibition.
In 2006, the Code was codified, and again the prohibition was left alone.
In May 2007, Ordinance 852 amended the Code, and got rid of the prohibition language in the law.
In September 2008, the council revised Section 19-1.4 again, by passing Ordinance 869, which allowed dogs in the county multi-use path for a probationary 18-month period. The ordinance did not reinstate the prohibition.
A year later, in September 2009, the council passed Ordinance 884, this time reinstating the prohibition. But the reinstated ban would not last more than a few months.
In May 2010, the council passed Ordinance 895, allowing dogs permanently in the multi-use path, with some restrictions. Somehow the ordinance deleted the alcohol prohibition from the Code, apparently due to an oversight.
Thus for almost three years it has been legal to drink alcohol at county parks, regardless of the time of the day.
