Report Title:

Noise; Motor Vehicles, Motorcycles, Mopeds; Fines; Counties

Description:

Transfers 50% of the fines imposed and collected for criminal offenses and violations involving noise generated by motor vehicles, motorcycles, and mopeds to be distributed by the state director of finance to the general fund of the county in which the offenses or violations occurred.

HOUSE OF REPRESENTATIVES

H.B. NO.

171

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to noise violations.

 

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

SECTION 1. Section 291-24, Hawaii Revised Statutes, is amended to read as follows:

"291-24 Motorcycles and mopeds, noisy mufflers; penalty. (a) Every motorcycle and moped moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. No person shall modify the exhaust system of a motorcycle or a moped in a manner [which] that will amplify or increase the noise emitted by the motor of such motorcycle or moped above that emitted by the muffler originally installed on the motorcycle or moped except a motorcycle or moped that:

(1) Has three wheels;

(2) Is powered by an electric motor;

(3) Has a full body enclosed cab; and

(4) Has a seat belt assembly or a child restraint system for the driver and passenger;

shall not be required to be equipped with a muffler.

(b) As used in this section, "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from the engine of the motorcycle or moped, and being effective in reducing noise.

(c) Whoever violates this section shall be fined not more than $100.

(d) Fifty per cent of the fines imposed and collected pursuant to this section shall be distributed by the director of finance of the State to the general fund of the county in which the violations occurred."

SECTION 2. Section 291-24.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]291-24.5[]] Motor vehicle muffler. (a) No person shall use on a public highway, sell, alter or install a muffler [which] that will noticeably increase the noise emitted by a motor vehicle above that emitted by the vehicle as equipped from the factory.

(b) Any violation of this section shall constitute a violation and shall be enforceable by police officers. The fine for this violation shall be not less than $25 nor more than $250 for each separate offense. Any person who violates [the provisions of] this section may be issued a summons or citation for [such] the violation.

(c) Fifty per cent of the fines imposed and collected pursuant to this section shall be distributed by the director of finance of the State to the general fund of the county in which the violations occurred."

SECTION 3. Section 711-1101, Hawaii Revised Statutes, is amended to read as follows:

"711-1101 Disorderly conduct. (1) A person commits the offense of disorderly conduct if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person:

(a) Engages in fighting or threatening, or in violent or tumultuous behavior; [or]

(b) Makes unreasonable noise; [or]

(c) Makes any offensively coarse utterance, gesture, or display, or addresses abusive language to any person present, which is likely to provoke a violent response; [or]

(d) Creates a hazardous or physically offensive condition by any act [which] that is not performed under any authorized license or permit; or

(e) Impedes or obstructs, for the purpose of begging or soliciting alms, any person in any public place or in any place open to the public.

(2) Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, the person's conduct involves: a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or the failure to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced.

The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation.

(3) Disorderly conduct is a petty misdemeanor if it is the defendant's intention to cause substantial harm or serious inconvenience[,] or if the defendant persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a violation.

(4) Fifty per cent of the fines imposed and collected pursuant to this section shall be distributed by the director of finance of the State to the general fund of the county in which the criminal offenses or violations occurred; provided that this subsection shall apply only to noise generated by motor vehicles, motorcycles, and mopeds."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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