Question: Am I breaking any state law or regulations by paddling my stand-up paddleboard mauka of the Hawaii Kai bridge along Kalanianaole Highway? I see people paddling down toward the ocean, but I assume they are residents of the marina. Does the neighborhood board have the right to allow only a select group to use the water passageway?
Answer: The area you describe is private property under the jurisdiction of the Hawaii Kai Marina Community Association. So, yes, unless you are a member of the association or an allowed guest, you would be trespassing (a violation of state law), and, yes, the association (not the neighborhood board) is within rights to restrict use. The U.S. Supreme Court established that the marina is private and that free public access is not required, in a 1979 case that you can read more about at 808ne.ws/1ZL1gsj.
Residential households and businesses along the 13 miles of marina waterway are members of the association and must pay annual dues for upkeep and other costs. The association has more than 2,400 members, including three shopping centers along the marina, said Beverly Liddle, marina manager. Members are not required to own a home or business on the marina to join the association, but they must live in Hawaii Kai, she said.
Hawaii Kai residents outside the marina property may seek to join the association because they want the convenience of using the association’s private Hancock Landing to launch their vessels or wish to ply marina waters as they make their way under the Kalanianaole Highway bridge to and from Maunalua Bay and the open ocean — both of which are public spaces. They are makai of the location described in your questions.
Marina residents pay $400 in annual association dues, while households from elsewhere in Hawaii Kai pay $475 a year. You can read more about the rules and processes at hawaii kaimarina.com; click on Rules and Regulations. Note: Hawaii Kai residents who join from outside the marina do not gain permanent mooring with their annual association fees.
The bridge at Kalanianaole Highway is the dividing line between marina and government jurisdiction, said Liddle and a spokesman for the state Department of Land and Natural Resources.
“We don’t have any responsibility until they get beyond the bridge and into Maunalua Bay and beyond,” said Dan Dennison, senior communications manager for the DLNR.
Registered association members are issued stickers signifying that their vessel or vessels (which would include stand-up paddleboards) are allowed in the marina, which was dredged from the ancient Kuapa Pond. Marina staff may approach apparently unauthorized users. “We have marina patrol and inform them that if you don’t live in the marina or haven’t registered your vessel, then you can’t be in there,” Liddle said.
Q: Why can’t you look up the restaurant inspections online?
A: The state Department of Health hopes to provide that tool by the end of March, said Peter Oshiro, who oversees the inspection program that uses a color-coded placard system to signify whether a restaurant or other food service establishment meets health and safety standards. Each food establishment must display its placard prominently.
The online portal being tested now would allow the public to peruse inspection results before they get to the restaurant, and also let food establishments apply and pay for permits online.
Auwe
I experienced almost being hit by trucks while walking in a crosswalk two weeks in a row. So I decided to write this letter before I or someone else dies. The incidents occurred at the crosswalk on Beretania Street near Kalakaua Avenue. The crosswalk has a traffic light, which should make it safe to cross. During the first incident I was already in the second lane when a four-door truck sped past me. During the second, I was preparing to cross when a delivery truck sped past before I could take my first step. I thought walking with the walk sign was safe, but I find the drivers do not care. They just want to get to where they want to go. Perhaps the Police Department should be more aware of what is going on. — Slow down!
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