Increases penalties for violations of vehicular noise laws.

A BILL FOR AN ACT

RELATING TO NOISE.

SECTION 1. The legislature finds that excessive vehicle noise is a growing concern in increasingly urbanized and residential areas of the State. Excessive vehicle noise has been linked to interference with sleep patterns, elevated levels of stress and blood pressure, annoyance, as well as other health and safety concerns. Excessive vehicle noise also negatively impacts the tourist experience that our State and its people provide.

The legislature also finds that measures to reduce excessive vehicular noise such as monitoring with devices and through vehicle inspection have not adequately reduced vehicle noise to tolerable levels. The legislature further finds that increased punitive measures, such as those proposed by the Honolulu City Council in Resolution 03-161, may be a viable method to address the problem of excessive vehicular noise, which impacts our collective well-being, both physically and economically.

SECTION 2. Section 291-23, Hawaii Revised Statutes, is amended to read as follows:

"§291-23 Penalty. Whoever is convicted of violating any of the provisions of section 291-22 shall be fined not less than $125 nor more than [$100] $250."

SECTION 3. Section 291-24, Hawaii Revised Statutes, is amended to read as follows:

"§291-24 Motorcycles and mopeds, noisy mufflers; penalty. (a) Every motorcycle and moped moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. No person shall modify the exhaust system of a motorcycle or a moped in a manner which will amplify or increase the noise emitted by the motor of such motorcycle or moped above that emitted by the muffler originally installed on the motorcycle or moped except a motorcycle or moped that:

shall not be required to be equipped with a muffler.

(b) As used in this section, "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from the engine of the motorcycle or moped, and being effective in reducing noise.

(c) Whoever violates this section shall be fined not less than $125 nor more than [$100] $250."

SECTION 4. Section 291-24.5, Hawaii Revised Statutes, is amended to read as follows:

"[§291-24.5] Motor vehicle muffler. (a) No person shall use on a public highway, sell, alter or install a muffler which will noticeably increase the noise emitted by a motor vehicle above that emitted by the vehicle as equipped from the factory.

(b) Any violation of this section shall constitute a violation and shall be enforceable by police officers. The fine for this violation shall be not less than [$25] $125 nor more than $250 for each separate offense. Any person who violates the provisions of this section may be issued a summons or citation for such violation."

SECTION 5. Section 291-24.6, Hawaii Revised Statutes, is amended to read as follows:

"[§291-24.6] Motor vehicle alarm systems. (a) "Motor vehicle alarm system" means any device which is designed or used for the detection of an unauthorized entry into a motor vehicle, or for alerting others to the commission of an unlawful act, or both, and which emits a sound when activated.

(b) If a motor vehicle alarm system installed in a motor vehicle is activated and emits a sound for more than five continuous minutes, the registered owner of the motor vehicle shall be fined not less than $125 nor more than [$100] $250."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2004.