THE SENATE

S.B. NO.

126

THIRTY-SECOND LEGISLATURE, 2023

 

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 purpose of this Act is to regulate the excessively loud operation of a motor vehicle's sound amplification system.

SECTION 2. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"291-   Operation of radios, sound amplification systems, or other mechanical or electronic sound-making devices in vehicles. (a) No person operating or occupying a motor vehicle shall operate or amplify, or permit to be operated or amplified, the sound produced by a radio, sound amplification system, or other mechanical or electronic sound-making device, which sound emanates from the motor vehicle, so that the sound is audible to the human ear at a distance of thirty feet or more from the motor vehicle if the vehicle is located:

(1) On any public roadway, street, or highway; or

(2) In any residential zone or district;

provided that the radio, sound amplification system, or other mechanical or electronic sound-making device is not being operated to request assistance or warn of a hazardous situation.

(b) Any person who violates subsection (a) shall be fined not less than $25 but not more than $250 for each separate offense; provided that, if it is the person's intent to cause serious inconvenience or substantial harm by operating the radio, sound amplification system, or other mechanical or electronic sound-making device at an excessive level or, if after receiving a warning from a police officer to reduce the noise level to within what is permissible under subsection (a), and the person fails to do so, the person shall be guilty of a petty misdemeanor. Each day of violation shall constitute a separate offense.

(c) This section shall not apply to authorized emergency vehicles or vehicles operated by gas, electric, communications, or water utilities. This section shall not apply to the sound systems of vehicles used for advertising, or in parades, political or other special events; provided that the use of sound systems in or on those vehicles is not prohibited by any applicable county ordinance or resolution."

SECTION 3. This Act shall not preclude counties from enacting their own ordinances; provided that state law shall preempt county ordinances unless those ordinances' penalty provisions as a whole are greater than those contained in this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Noise; Motor Vehicles; Sound Amplification Systems

 

Description:

Prohibits the operation of a vehicle sound amplification system that can be heard outside the vehicle from a distance of thirty feet or more while the vehicle is on a public roadway, street, or highway, or within any residential zone or district. Establishes penalties for violations. Makes certain exemptions

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.