The city says a strip of land where a homeless encampment cropped up in Waikíkí is part of Kapi'olani Park and subject to park rules.

The decision closes what some had thought was a loophole in the law that would have allowed homeless people to set up tents there. It means about 40 homeless campers who were moved out yesterday for regularly scheduled maintenance on the grass and sprinklers won't be able to return.

Tents started appearing in the area more than a month ago, and some citizens have expressed frustrations about why the city took so long to act.

In a news conference yesterday, Mayor Mufi Hannemann said the delay was needed to ensure that the city did not open itself up to any lawsuits.

"There is a gray area with that particular piece," he said. "We could have further complicated this" if the city had made a decision too fast.

The strip of land in question is about 6 feet wide and is between the sidewalk at Kapi'olani Park and Kaläkaua Avenue.

The mayor said he is now confident that the parcel is city park land, and so can be closed nightly like the rest of Kapi'olani Park.

The area will be closed from 2 to 5 a.m., along with the rest of the park makai of Kaläkaua Avenue.

Portions of the park mauka of Kaläkaua Avenue are closed from midnight to 5 a.m.

Yesterday, city crews began a beautification effort for the area, forcing the homeless campers to move.

The city said the area will remain closed while work continues. It's unclear how long the work will take, but officials said some sprinklers need to be fixed and that sanitation is also a concern.