Report Title:
Noise; Yard Equipment
Description:
Prohibits as disorderly conduct the operation of yard equipment between 8:00 p.m. and 8:00 a.m. on any day of the week.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
64 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
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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. Section 711-1101, Hawaii Revised Statutes, is amended to read as follows:
"§711-1101 Disorderly conduct. (1) A person commits the offense of disorderly conduct if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person:
(a) Engages in fighting or threatening, or in violent
or tumultuous behavior; [or]
(b) Makes unreasonable noise; [or]
(c) Subjects another person to offensively coarse
behavior or abusive language [which] that is likely to provoke a
violent response; [or]
(d) Creates a hazardous or physically offensive
condition by any act [which] that is not performed under any
authorized license or permit; or
(e) Impedes or obstructs, for the purpose of begging
or soliciting [alms], any person in any public place or in any place
open to the public.
(2) Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, the person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or the failure to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced.
The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation.
(3) Noise shall be deemed unreasonable under subsection (1)(b) if a person knowingly produces noise by operating yard equipment for any length of time between the hours of 8:00 p.m. and 8:00 a.m., any day of the week. For the purposes of this subsection "yard equipment" means a:
(a) Leaf blower, which is a gasoline or electric powered tool that propels air out of a nozzle commonly used to move leaves or debris, and includes leaf blower vacuum units that act like a vacuum cleaner by sucking in leaves or debris through the nozzle, to be deposited into an attached disposal bag;
(b) Lawn mower, which is a gasoline or electric powered yard tool that has one or more revolving blades intended to cut a lawn or grass at an even length;
(c) Weed whacker, which is a gasoline or electric powered yard tool that uses either a:
(A) Flexible monofilament line (also known as a string or line trimmer); or
(B) Revolving metal cutting blade
intended to cut or trim grass and other vegetation; and
(d) A chainsaw, which is a gasoline or electric powered saw having a fast revolving chain of metal teeth commonly used to cut trees and branches.
[(3)] (4) Disorderly conduct is a
petty misdemeanor if it is the defendant's intention to cause substantial harm
or serious inconvenience[,] or if
the defendant persists in disorderly conduct after reasonable warning or
request to desist. Otherwise disorderly conduct is a violation."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.