Report Title:

Noise; Leaf Blowers Not Compliant With Standards; Buyback Program; Penalties

Description:

Prohibits leaf blower manufacturers from causing to be sold in the State leaf blowers whose sound levels have not been tested and lowered under standards of the American National Standards Institute. Appropriates funds for the director of health to establish a buyback program for noncompliant models of leaf blowers. Expands unreasonable noise category of the crime of disorderly conduct to include noise from motorized apparatus.

HOUSE OF REPRESENTATIVES

H.B. NO.

2889

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to noise.

 

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

SECTION 1. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342F-   Leaf blowers; required sound levels and testing. (a) Effective July 1, 2006, no manufacturer of a leaf blower may cause to be sold or distributed in the State a leaf blower whose sound levels have not been tested according to the provisions of the American National Standards Institute B 175.2 standard for hand-held and backpack gasoline-engine-powered blowers and lowered to levels determined to be acceptable under rules adopted by the director of health.

(b) Effective July 1, 2006, no person may use within a one hundred yard radius of any residence of any other person a leaf blower whose sound levels have not been tested and determined as acceptable under subsection (a).

(c) Any person who possesses a leaf blower that does not comply with the requirements of subsection (a) may trade the leaf blower in for one that complies with subsection (a) through a buyback program to be established by the department. The director shall adopt rules, pursuant to chapter 91, necessary to effectuate this section.

(d) In addition to any other penalties provided by law, any person who violates this section shall be subject to the penalties provided in section 342F-9(b)."

SECTION 2. 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) Noise shall be deemed unreasonable under subsection (1)(b) if the person knowingly produces noise from any motorized apparatus, including but not limited to mopeds, motorcycles, motorized skateboards, or leaf blowers whose noise levels exceed one hundred twenty decibels at any time for any length of time between the hours of 11:00 p.m. and 8:00 a.m., any day of the week.

[(3)] (4) 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[.]; provided that the fine for a person who commits disorderly conduct under subsection (3), involving noise produced from a motorized apparatus, shall be $50. Otherwise disorderly conduct is a violation."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, and the same sum, or so much thereof as may be necessary for fiscal year 2005-2006, for the director of health to develop a buyback program for replacement of noncompliant leaf blowers.

SECTION 4. The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

_____________________________