HB1447

HOUSE OF REPRESENTATIVES	H.B. NO.	1447
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

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.

"Moped" means the same as defined in section 291C-1.

"Motor vehicle" means the same as defined in section 291C-1.

(b) It shall be a violation for any person to:

(1) Operate or cause to operate a motor vehicle or

moped that emits any noise or sound exceeding

ninety five decibels from its point of origin, within five hundred feet from the nearest point of any building; or

(2) Drive or operate a motor vehicle or moped to make or create any noise exceeding ninety five decibels;

(3) Operate or cause to operate a motor vehicle or moped without an Environmental Protection Agency approved sticker matching the muffler to the vehicle type (40 C.F.R. section 205.158); or

(4) Operate or cause to operate a motor vehicle or moped with an exhaust system that has been modified to make more noise or sound than the vehicle made when manufactured.

(c) Any person violating any provision of this section, upon conviction, shall be punished by a fine not exceeding $100 for the first conviction; $200 for the second conviction; and $500 for the third or subsequent conviction, or by imprisonment not exceeding thirty days, or 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 the impoundment. The citation shall require that the owner of the vehicle to restore the vehicle to comply with parts 1 through 4 of (b) above before again operating the vehicle on public streets and highways."

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 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the development and implementation of a program to store motor vehicles and mopeds taken into custody by law enforcement pursuant to this Act.

The sums appropriated shall be expended by the city and county of Honolulu for the purposes of this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2008; provided that section 2 shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________