Report Title:
Motor Vehicles; Prohibited Noise; Radios
Description:
Prohibits amplification of noise from motor vehicles plainly audible at a distance of thirty feet or more, or louder than necessary while in areas adjoining churches, schools, and hospitals.
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THE SENATE |
S.B. NO. |
2010 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO NOISE POLLUTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291C- Operation of radios and other soundmaking devices. (a) No person operating or occupying a motor vehicle on a public street or highway, or in a public space, shall operate or amplify the sound produced by a radio, compact disc player, cassette player, or any other machine or device for reproducing sound from within the motor vehicle so that the sound is:
(1) In areas within 100 feet of churches, schools, or hospitals, louder than necessary for the convenient hearing by persons inside the vehicle; or
(2) In all other areas, plainly audible at a distance of thirty feet or more from the motor vehicle.
(b)
this article shall be punished by a fine of:
(1) $100 for the first offense;
(2) $500 for the second offense, if committed within six months of the first offense; or
(3) $1,000, or by forfeiture of the sound system or components of the sound system up to $1,000 in value, or by a combination of forfeiture and fine to total $1,000, for conviction of the third offense, if committed within one year of the first offense.
(c) A permit for temporary exemption from the provisions of this section may be issued by the director to commercial, religious, political, civic, charitable, or athletic organizations, or individuals, for parades and other similar events.
(d) The department shall adopt rules pursuant to chapter 91 to define "plainly audible" and establish standards regarding how sound should be measured by law enforcement personnel.
(e) The following shall be exempt from the prohibitions set forth in this section:
(1) Law enforcement motor vehicles equipped with any communication devices necessary to the performance of law enforcement duties;
(2) Emergency vehicles equipped with any communication devices necessary to the performance of any emergency procedures;
(3) Noise by a horn required or permitted by section 291C-74 made in the exercise of due care by the driver of a vehicle;
(4) Activities of any county, the State, or the United States; and
(5) Activities of private persons or entities acting within the permitted uses of a permit issued by the city and county, State of Hawaii, or the United States."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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