Report Title:

Noise; Sound Devices; Prohibitions; Citation; Penalties

Description:

Makes it unlawful for a person to play, use, or operate a radio, tape recorder, cassette player or other machine or device for reproducing sound, if the sound generated is audible at a distance of fifty feet and the device is located in or on any public property or motor vehicle on a public street, highway, or public space; establishes penalties.

THE SENATE	S.B. NO.	179
TWENTY-FIFTH LEGISLATURE, 2009
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 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342F‑   Sound devices; prohibitions. (a) It shall be unlawful for any person to play, use, operate, or permit to be played, used, or operated, any radio, tape recorder, cassette player, or other machine or device for reproducing sound, if the sound generated is audible at a distance of fifty feet from the device producing the sound and the device is located in or on any:

(1) Public property, including any public street, highway, building, sidewalk, park, or thoroughfare; or

(2) Motor vehicle on a public street, highway, or public space.

Possession by a person or persons of any of the machines or devices enumerated in this subsection shall be prima facie evidence that that person operates, or those persons operate, the machine or device.

(b)  Pursuant to section 342F-10, an enforcement officer shall issue a citation for any violation under this section; provided that subsequent to issuing the citation, the enforcement officer may make an arrest if the alleged violator refuses to:

(1) Provide the enforcement officer with the person's name and address and any proof thereof as may be reasonably available to the alleged violator; or

(2) Cease the person's illegal activity after being issued a citation.

(c)  Section 342F-9 notwithstanding, any person who violates this section:

(1) Shall be fined $100 for a first offense;

(2) Shall be fined $500 for a second offense within six months of the first offense; and

(3) Shall forfeit the sound system component for conviction of a third offense within one year of the first offense."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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