HOUSE OF REPRESENTATIVES

H.B. NO.

836

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO NOISE.

 

 

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

 


SECTION 1. The legislature finds that private refuse companies are unregulated in their hours of operation which results in the pick up of refuse as early as 4:45 a.m. In dense residential areas, this activity produces high-volume noise that disturbs residents during unreasonable times of the day. Furthermore, refuse pickup occurs at later hours in the day, including between peak rush-hour morning hours, and therefore this activity should be limited to certain times for the health and well-being of residents.

The purpose of this Act is to limit the operation of refuse collection vehicles near or within residential zones to specified collection times.

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

"342F-   Refuse collection vehicles; restrictions. (a) In any urban district in the State, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a refuse collection vehicle within a residential zone or within one hundred feet of a residential zone, except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday and Saturday, and between the hours of 8:00 a.m. and 10:00 p.m. on Sunday and any state or federal holiday.

(b) Notwithstanding section 342F-9(b), violators shall be fined $500 for each violation.

(c) Nothing in this section shall be construed to preempt or prohibit any county in the State to regulate the use of refuse collection vehicles in a manner that is more stringent than the provisions contained in this section. In the event of a conflict between the requirements of this section and any county rule or ordinance regarding the use of refuse collection vehicles, the more restrictive requirements shall apply.

(d) For the purpose of this section:

"Refuse collection vehicle" means any industrial vehicle with a gross vehicle weight rating greater than      pounds that is used to collect and transport garbage or other refuse items.

"State holiday" means any day established as a state holiday under section 8-1."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2019.

 

INTRODUCED BY:

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Report Title:

Noise; Refuse Collection Vehicles; Restrictions; Penalties

 

Description:

Prohibits the operation of refuse collection vehicles near or within residential zones except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday and Saturday, and between the hours of 8:00 a.m. and 10:00 p.m. on Sunday and any state or federal holiday.

 

 

 

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