HOUSE OF REPRESENTATIVES	H.C.R. NO.	115
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

urging the department of land and natural resources and county law enforcement to increase the ENFORCEMENT of laws within beach transit CORRIDORS.

 

 

 

        WHEREAS, state law and county ordinances require the construction and maintenance of beach transit corridors so that members of the public may access public beaches and the ocean; and

 

        WHEREAS, many beach transit corridors are located in residential areas, between two private properties; and

 

        WHEREAS, beach transit corridors have become a haven for criminal activity, including drug transactions, homeless sleeping, and illegal dumping; and

 

WHEREAS, members of the public using beach transit corridors also play loud music in violation of noise ordinances and also make other loud noises that disrupt residents' quiet enjoyment of their property; and

 

WHEREAS, residents who have attempted to remind beach transit corridors users of the law have been met with threats of physical violence; and

 

        WHEREAS, residents who contact law enforcement agencies regarding the criminal activities at beach transit corridors are met with officers who neglect to enforce the laws or refuse to take any action; and

 

        WHEREAS, pursuant to section 199-4(a), Hawaii Revised Statutes, the Department of Land and Natural Resources, through the Board of Land and Natural Resources, is one of the few departments of the State with the authority to appoint its employees with police powers; and

 

        WHEREAS, pursuant to section 199-4(a), Hawaii Revised Statutes, persons appointed with police powers by the Board of Land and Natural Resources have the power to enforce all state laws and rules and county ordinances within lands and waters of the State; and

 

        WHEREAS, while the owners of lands adjacent to beach transit corridors have complied with their duties to maintain the corridors pursuant to section 115-10, Hawaii Revised Statutes, the Department of Land and Natural Resources and county law enforcement have failed to fulfill their duties to keep the corridors safe and to protect the residents of those neighborhoods from threats; now, therefore,

 

        BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the Senate concurring, that the Department of Land and Natural Resources and local county enforcement are urged to enforce the state laws and administrative rules and county ordinances within beach transit corridors; and

 

        BE IT FURTHER RESOLVED that the Department of Land and Natural Resources and county law enforcement are urged to increase their presence at beach transit corridors, including having a law enforcement officer physically visit the beach transit corridor multiple times per day; and

 

        BE IT FURTHER RESOLVED that the Department of Land and Natural Resources and county law enforcement are urged to install cameras, motion sensor lights, audio recording devices, and other fixtures at beach access corridors to assist in gathering evidence for the prosecution of criminal and other illegal activities conducted there and to deter other improper behavior; and

 

        BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is urged to relocate, as allowed by law, any beach access corridors that the Department and county law enforcement cannot effectively monitor; and

        BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and chief of police of each county.

 

 

 

	OFFERED BY:	_____________________________

Report Title:  

DLNR; Beach Access Corridors; Law Enforcement