Report Title:
Noise Pollution; motor vehicles; mopeds; penalty; impoundment
Description:
Establishes a noise abatement zone for motor vehicles and mopeds and assesses a $100 fine and impoundment of vehicle for transgressors.
THE SENATE |
S.B. NO. |
1603 |
TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Noise.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291- Noise abatement area for motor vehicles and mopeds; penalties.
(a) For purposes of this section:
"Building" means any structure used for the lodging of persons therein; each unit of a building consisting of two or more units separately secured or occupied is a separate building.
"Motor vehicle" means the same as defined in section 291C-1.
"Moped" means the same as defined in section 291C-1.
(b) It shall be a crime for any person or persons to:
(1) Operate or cause to operate a motor vehicle or moped which emits any noises or sounds exceeding 95 decibels from its point of origin, within 500 feet from the nearest point of any building; or
(2) Drive or operate a motor vehicle or moped in such manner as to make or create any noise exceeding 95 decibels.
(c) Any person violating any provision of this section shall, upon conviction, be punished by a fine not exceeding $100 or by imprisonment not exceeding 30 days, or by both.
(d) If a law enforcement officer has probable cause to believe that any motor vehicle or moped has been used in violation of this section, the law enforcement officer may seize and impound the vehicle for no longer than fourteen days. The owner of a vehicle subject to impoundment is liable for all fees and costs associated with such impoundment."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000, or so much thereof as may be necessary for fiscal year 2005-2006 for the storage of motor vehicles and mopeds taken into custody by law enforcement pursuant to this Act.
SECTION 3. The sum appropriated shall be expended by the city and county of Honolulu for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect July 1, 2005.
INTRODUCED BY: |
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