Report Title:

Leaf Blowers; Noise Pollution; Debris; Violations

 

Description:

Prohibits the use of leaf blowers on or near residential zones, except within allowed time periods. Prohibits leaf blowing operations from blowing debris onto adjacent property without permission. Prohibits certain other actions related to leaf blowing. (SB466 HD1)

 


THE SENATE

S.B. NO.

466

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO POLLUTION.

 

 

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 blower; restrictions. (a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a leaf blower within a residential zone or within one hundred feet of a residential zone in the State, except between the hours of 7:00 A.M. and 7:00 P.M. on any day except Sunday or a federal holiday, and between the hours of 9:00 A.M. and 6:00 P.M. on Sunday or a federal holiday.

(b) Violators shall be fined $50 for the first violation, $100 for the second violation, $200 for the third violation, and $500 for each subsequent violation.

(c) For the purposes of this section, "leaf blower" means any machine, however powered, used to blow leaves, dirt, or other debris off sidewalks, driveways, lawns, and other surfaces."

SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"342H-   Leaf blower debris. (a) It shall be unlawful for any person to use or operate a leaf blower in such a manner as to blow, dispel, or make airborne, dust, leaves, grass cuttings, paper, trash, or any other type of unattached debris or material, beyond the boundaries of the parcel of property being cleaned, unless the consent of the adjoining owner or person in possession of the adjoining property is obtained.

(b) It shall be unlawful for any person to use or operate a leaf blower in such a manner as to blow leaves, dirt, and other debris onto the public rights-of-way or onto private property not owned, leased, or controlled by the leaf blower operator or the employer or contractor of the leaf blower operator and to allow the debris to remain there in excess of thirty minutes."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.