THE SENATE

S.B. NO.

589

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to noise control.

 

 

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

 


SECTION 1. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new subpart to part II to be appropriately designated and to read as follows:

"   . amplified sounds in waikiki

342F-    Definitions. As used in this subpart, unless the context otherwise requires:

"Amplified sound" means any sound created by the use of a sound amplifier.

"Detached dwelling" means a building containing one or two dwelling units, entirely surrounded by yards or other separation from buildings on adjacent lots. For the purposes of this definition, dwelling units in a two-family detached dwelling includes dwelling units on separate floors or attached by a carport, garage or other similar connection, or attached solid wall without openings that are no less than fifteen feet or fifty per cent of the longer dwelling.

"Enforcement officer" means an officer of the police department of the city and county of Honolulu or any individual designated by the director to enforce this subpart.

"Hotel" means a building or group of buildings containing lodging or dwelling units offering transient accommodations; a lobby, clerk's desk, or counter with twenty-four-hour clerk service; and facilities for registration and keeping of records relating to hotel guests. "Hotel" include accessory uses and services intended primarily for the convenience and benefit of the hotel's guests, such as restaurants, shops, meeting rooms, or recreational and entertainment facilities.

"Multi-family dwelling" means a building containing three or more lodging or dwelling units that is not a hotel.

"Noise disturbance" means any sound that:

(1) Is unreasonably loud or disturbing;

(2) Annoys or disturbs a person of normal sensitivities at a distance of thirty feet or more from the sound amplifier; or

(3) Exceeds eighty decibels continuously for a combined total of one minute in any five-minute period, measured from a distance no farther than eight feet from the sound amplifier.

"Public sidewalk" means that portion of a street between a curb line or the pavement of a roadway, and the adjacent private or public property line, as applicable, intended for the use of pedestrians, including any setback areas required for road widening purposes, that is publicly owned or maintained.

"Sound amplifier" means a device used for the reproduction or amplification of sound, including but not limited to a microphone, loudspeaker, phonograph player, compact disc player, tape deck, smartphone, tablet, laptop computer, or musical instrument.

"Waikiki" has the same meaning as in section 712-1207.

342F-    Amplified sound; restrictions; Waikiki. (a) Notwithstanding section 342F-30, it shall be unlawful for any person to play, use, operate, or permit to be played, used, or operated, on a public sidewalk, a sound amplifier that is within thirty feet of a hotel, detached dwelling, or multi-family dwelling in Waikiki in a manner as to create a noise disturbance between the hours of 7:00 p.m. and 6:00 a.m.

(b) The playing, use, or operation of a sound amplifier in a manner or at a volume as to be audible at a distance of thirty feet or more from the sound amplifier or as to exceed eighty decibels continuously for a combined total of one minute in any five-minute period, measured from a distance no farther than eight feet from the sound amplifier shall be prima facie evidence of the creation of a noise disturbance.

(c) The director shall adopt rules pursuant to chapter 91 to carry out the purposes of this subpart.

342F-    Exemptions. The following shall be exempt from this subpart:

(1) Activities of the federal government, State, or city and county of Honolulu, or any department, agency, or political subdivision of the federal government, State, or city and county of Honolulu;

(2) Amplified sound emitted:

(A) To alert persons to the existence of a public or personal emergency; or

(B) In the performance of emergency work; and

(3) Any parade or activity for which a permit has been issued by the city and county of Honolulu or approved by the director pursuant to section 342F-30.

342F-    Penalties. (a) An enforcement officer who finds that a person is in violation of this subpart may serve the person with a notice of violation and request the person to cease the violation. If the person refuses to cease the actions resulting in the violation, an enforcement officer may note the violation of this subpart by the person, and issue the person a summons or citation, warning the person to appear and to answer to the charge against the person at a certain place and time within            days after the summons or citation is issued.

(b) Any person who violates this subpart or any rule adopted pursuant to this subpart shall be subject to the following civil penalties:

(1) For a first violation within a one-year period, a fine of $100; and

(2) For a second or subsequent violation within one year of a previous violation, a fine of $250.

(c) In addition to other penalties provided by law, a person who violates this subpart or any rule adopted pursuant to this subpart shall be guilty of a petty misdemeanor and, upon conviction, shall be punished as follows:

(1) For a first offense, a fine of $100;

(2) For a second offense within one year of a previous conviction under this section, a fine of $250; and

(3) For a third or subsequent offense within one year of two prior convictions under this section, one or any combination of the following:

(A) A fine of no less than $500 and no more than $1,000;

(B) Forfeiture of the sound amplifying device; or

(C) Imprisonment not exceeding thirty days.

342F-    Enforcement. (a) An enforcement officer shall have the authority to enforce this subpart or any rule adopted pursuant to this subpart, including the authority to arrest or issue a summons or citation to the person believed to have violated this subpart.

(b) Arrests for offenses under this subpart shall be made in compliance with chapter 803."

SECTION 2. Chapter 342F, Hawaii Revised Statutes, is amended by designated sections 342F-30 to 342F-33 as subpart A and inserting a title before section 342F-30 to read as follows:

"A. general provisions"

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.

 

INTRODUCED BY:

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Report Title:

Amplified Sounds; Noise Disturbances; Waikiki; Restriction; Fines; Penalties

 

Description:

Makes unlawful for any person to play, use, operate, or otherwise permit a sound amplifier that creates a noise disturbance within thirty feet of a hotel, detached dwelling, or multi-family dwelling in Waikiki between the hours of 7:00 p.m. to 6:00 a.m. Establishes civil fines and criminal penalties for violations.

 

 

 

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