|
THE SENATE |
S.B. NO. |
126 |
|
THIRTY-SECOND LEGISLATURE, 2023 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to noise.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 2. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§291- Operation
of radios, sound amplification systems, or other mechanical or electronic
sound-making devices in vehicles. (a) No
person operating or occupying a motor vehicle shall operate or amplify, or
permit to be operated or amplified, the sound produced by a radio, sound
amplification system, or other mechanical or electronic sound-making device,
which sound emanates from the motor vehicle, so that the sound is audible to
the human ear at a distance of thirty feet or more from the motor vehicle if
the vehicle is located:
(1) On any public roadway, street, or
highway; or
(2) In any residential zone or district;
provided that the radio, sound amplification
system, or other mechanical or electronic sound-making device is not being
operated to request assistance or warn of a hazardous situation.
(b) Any person who violates subsection (a) shall
be fined not less than $25 but not more than $250 for each separate offense;
provided that, if it is the person's intent to cause serious inconvenience or
substantial harm by operating the radio, sound amplification system, or other mechanical
or electronic sound-making device at an excessive level or, if after receiving
a warning from a police officer to reduce the noise level to within what is
permissible under subsection (a), and the person fails to do so, the person
shall be guilty of a petty misdemeanor.
Each day of violation shall constitute a separate offense.
(c) This section shall not apply to authorized
emergency vehicles or vehicles operated by gas, electric, communications, or
water utilities. This section shall not
apply to the sound systems of vehicles used for advertising, or in parades,
political or other special events; provided that the use of sound systems in or
on those vehicles is not prohibited by any applicable county ordinance or
resolution."
SECTION 3. This Act shall not preclude counties from enacting their own ordinances; provided that state law shall preempt county ordinances unless those ordinances' penalty provisions as a whole are greater than those contained in this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Noise; Motor Vehicles; Sound Amplification Systems
Description:
Prohibits the operation of a vehicle sound amplification system that can be heard outside the vehicle from a distance of thirty feet or more while the vehicle is on a public roadway, street, or highway, or within any residential zone or district. Establishes penalties for violations. Makes certain exemptions
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.