HOUSE OF REPRESENTATIVES	H.B. NO.	2178
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

relating to noise control.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 291-23, Hawaii Revised Statutes, is amended to read as follows:

"§291-23 Penalty. Whoever is convicted of violating any of the provisions of section 291-22 shall be fined not more than [$100.] $200."

SECTION 2. Section 291-24, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Whoever violates this section shall be fined not more than [$100.] $200."

SECTION 3. Section 291-24.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any violation of this section shall constitute a violation and shall be enforceable by police officers. The fine for this violation shall be not less than [$25] $50 nor more than [$250] $500 for each separate offense. Any person who violates the provisions of this section may be issued a summons or citation for such violation."

SECTION 4. Section 342F-30, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342F-30[]] Prohibition. (a) No person, including any public body, shall engage in activity which produces excessive noise without first securing approval in writing from the director; provided that this section shall not apply to any school activity which is approved by school authorities. For purposes of this section, "school activity" means a public or private school function for students up through the twelfth grade which is approved by the school principal or an authorized representative. These activities shall be limited to the hours of 7:00 a.m. to 10:00 p.m.

(b) Notwithstanding subsection (a) or any other provision of law to the contrary, no person, including any public body, shall 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:

(1) It is located in or on any of the following:

(A) Any public property, including any public street, highway, building, sidewalk, park, or thoroughfare; or

(B) Any motor vehicle, motorcycle, or moped on a public street, highway, or public space; and

(2) The sound exceeds the maximum permissible sound levels in dBA as established by department rule pursuant to section 342F-31."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Department of Health; Noise Pollution; Noise Control; Excessive Noise; Exhaust Pipes; Mufflers; Violations; Penalties

Description:

Prohibits the playing of music above a certain decibel level on public property or from certain vehicles on a public street, highway, or public space. Increases penalties for noisy muffler or exhaust system violations for motorcycles, mopeds, and motor vehicles.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.