REPORT TITLE:
Noise


DESCRIPTION:
Clarifies jurisdiction regarding noise control. (SB798 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        798
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO NOISE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1     SECTION 1.  Section 46-17, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3     "46-17  Regulation of certain public nuisances.  Any
 
 4 provision of law to the contrary notwithstanding, the council of
 
 5 any county may adopt and provide for the enforcement of
 
 6 ordinances regulating or prohibiting noise, smoke, dust,
 
 7 vibration, or odors which constitute a public nuisance.  No such
 
 8 ordinance shall be held invalid on the ground that it covers any
 
 9 subject or matter embraced within any statute or rule of the
 
10 State; provided that [in]:
 
11     (1)  In any case of conflict between [the] a statute or rule
 
12          and an ordinance, the law [which affords] affording the
 
13          most protection to the public shall apply; [provided
 
14          further that such]
 
15     (2)  An ordinance shall not be effective to the extent that
 
16          it is inconsistent with any permit for agricultural
 
17          burning granted by the [state] department of health
 
18          under authority of chapter 342B, or to the extent that
 
19          it prohibits, subjects to fine or injunction, or
 
20          declares to be a public nuisance any agricultural
 

 
Page 2                                                     798
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1          burning [which is] conducted in accordance with such a
 
 2          permit[.]; and
 
 3     (3)  An ordinance shall not be effective to the extent that
 
 4          it is inconsistent with any noise permit granted to the
 
 5          convention center authority by the department of health
 
 6          under authority of chapter 342F, or to the extent that
 
 7          it prohibits, subjects to fine or injunction, or
 
 8          declares to be a public nuisance any construction,
 
 9          stationary noise source, agricultural, industrial, or
 
10          commercial activity or entertainment or public event
 
11          conducted in accordance with such a permit."
 
12     SECTION 2.  Section 342F-20, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14     "[[]342F-20[]]  Effect of laws, ordinances, and rules.  [(a)
 
15 All laws, ordinances, and rules inconsistent with this chapter
 
16 shall be void and of no effect.
 
17     (b)]  Any county may adopt ordinances and rules governing any
 
18 matter relating to excessive noise control [which is not governed
 
19 by a rule of the department adopted pursuant to this chapter;
 
20 provided that any county ordinance or rule relating to excessive
 
21 noise control shall be void and of no effect as to any matter
 
22 regulated by a rule of the department upon the adoption thereof.]
 
23 as provided in section 46-17, and any conflict between state and
 
24 county law shall be resolved as provided in section 46-17."
 

 
Page 3                                                     798
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1     SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3     SECTION 4.  This Act shall take effect upon its approval.