HOUSE OF REPRESENTATIVES

H.B. NO.

1526

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to noise 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-   Target ranges; limitations on liability. (a) Notwithstanding any law to the contrary, a person who operates or uses a target range shall not be subject to civil or administrative penalties for noise pollution or criminal prosecution for noise violations resulting from the operation or use of the target range; provided that the target range is operated and used in compliance with this chapter, any administrative rules adopted pursuant thereto, and county noise ordinances that applied to the target range and its operation at the time the target range began operation.

(b) A person who operates or uses a target range shall not be subject to an action for nuisance, and a court may not enjoin the use or operation of the target range on the basis of noise or noise pollution, if the target range is operated and used in compliance with this chapter, any administrative rules adopted pursuant thereto, and county noise ordinances that applied to the target range and its operation at the time the target range began operation.

(c) A person who owns real property adversely affected by the operation and use of a target range shall not maintain a nuisance action against the person who owns the target range to restrain, enjoin, or impede use of the target range where there has not been a substantial change in the nature of the use of the target range by a person operating or using the target range.

(d) Rules adopted by any state department for limiting noise that may result from outdoor activity shall not apply to a target range exempted from liability under this section.

(e) Notwithstanding any law to the contrary, nothing in this section shall be construed to limit civil liability other than for noise pollution.

(f) For the purposes of this section, "target range" means an area or facility designed and operated for the use of firearms in target shooting."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Noise Pollution; Target Ranges; Liability

 

Description:

Exempts operators or users of target ranges that are in compliance with existing noise pollution laws from liability for nuisance or noise pollution.

 

 

 

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