HOUSE OF REPRESENTATIVES

H.B. NO.

37

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

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 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"663-    Noise; private nuisance; relief. (a) A person who alleges the existence of a private nuisance due to excessive noise may bring a civil action for appropriate injunctive relief, actual damages, or both. A civil action for actual damages must be brought within two years after the occurrence of the alleged private nuisance.

(b) An action commenced pursuant to subsection (a) may be brought in the circuit court for the circuit where the alleged violation occurred, where the complainant resides, or where the person against whom the civil complaint is filed resides or has a principal place of business.

(c) For purposes of this section:

"Damages" means damages for injury or loss caused by excessive noise or vibration.

"Excessive noise" means any noise that exceeds those noise levels permissible under applicable state law or rule or county ordinance.

"Nuisance" means any interference with reasonable use and enjoyment of property and includes all claims that meet the requirements of this definition regardless of whether a complainant designates the claims as brought in nuisance, negligence, trespass, or any other claim under law or equity.

(d) Nothing in this section shall in any way restrict or impede the authority of the State or the counties to protect the public health, safety, and welfare."

SECTION 2. Section 342F-12, Hawaii Revised Statutes, is amended to read as follows:

"342F-12 Injunctive and other relief. (a) The director may institute a civil action in any court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or to obtain other relief. The court shall have power to grant relief in accordance with the Hawaii rules of civil procedure.

(b) Nothing in this chapter shall be construed to preclude a private action pursuant to section 663-   ."

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 upon its approval.


 


 

Report Title:

Noise; Private Nuisance

 

Description:

Authorizes injunctive relief and damages for private nuisance due to excessive noise. (HB37 HD1)

 

 

 

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