What Statutes and Ordinances Protect Us From Noise?
Regrettably, the question should be, "What statutes and ordinances "SHOULD" protect me from noise?" The "SHOULD" is included because, unfortunately, although we have many very well-written laws, we do not have the level of aggressive enforcement that will be necessary to make O'ahu quieter. This will be addressed under our web page "What To Do When The Enforcers Won't Enforce."
Regrettably, the question should be, "What statutes and ordinances "SHOULD" protect me from noise?" The "SHOULD" is included because, unfortunately, although we have many very well-written laws, we do not have the level of aggressive enforcement that will be necessary to make O'ahu quieter. This will be addressed under our web page "What To Do When The Enforcers Won't Enforce."
Did You Know? Permits Are Required For Venues Where Loud Noise Will Be Present.
§342F-30 Prohibition. 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. [L 1989, c 212, pt of §3]
Cross Reference:
--Noise and climate control at school facilities, see §302A-1501.
§342F-30 Prohibition. 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. [L 1989, c 212, pt of §3]
Cross Reference:
--Noise and climate control at school facilities, see §302A-1501.
Revised Ordinances of Honolulu (ROH) And Hawai'i Revised Statutes (HRS)
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Prohibited Noise, Including "Boom Cars."
Hawai'i Law - ROH Sec. 41-31.1 Prohibited Noise. (a) It is unlawful for any person or persons 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 it is located in or on any of the following: (1) Any public property, including any public street, highway, building, sidewalk, park or thoroughfare; or (2) Any motor vehicle on a public street, highway or public space; and if the sound generated is audible at a distance of 30 feet from the device producing the sound. (b) Possession by a person or persons of any of the machines or devices enumerated in subsection (a) shall be prima facie evidence that person operates, or those persons operate, the machine or device. (Added by Ord. 90-26) Sec. 41-31.2 Enforcement. (a) Powers of Arrest or Citation. Any authorized police officer shall issue a citation for any violation under this article, except they may arrest for instances when: (1) The alleged violator refuses to provide the officer with such person's name and address and any proof thereof as may be reasonably available to the alleged violator. (2) When the alleged violator refuses to cease such person's illegal activity after being issued a citation. (b) Citation. (1) There shall be provided for use by authorized police officers, a form of citation for use in citing violators of this article which does not mandate physical arrest of such violators. The form and content of such citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the laws and regulations of the State of Hawaii and the City and County of Honolulu. (2) In every case when a citation is issued, a copy of the same shall be given to the violator. (3) Every citation shall be consecutively numbered and each carbon copy shall bear the name of its respective original. (Added by Ord. 90-26) Sec. 41-31.3 Violation--Penalty. Any person convicted of a violation of the provisions of this article shall be punished by a fine of $100.00 for the first offense, $500.00 for the second offense within six months of the first offense, and $1,000.00, or forfeiture of the sound system or components of the sound system up to $1,000.00 in value, or a combination of forfeiture and fine to total $1,000.00 for conviction of the third offense within one year of the first offense. (Added by Ord. 90-26) Our Hawaii ordinance is patterned after the “Plainly Audible” laws of other areas. If audible over 30 feet – it is illegal!! Illegally Modified Mufflers And Exhausts. Hawai'i Law - ROH Sec. 15-19.28 Mufflers--Noise-Controlling Devices. (a) No person shall operate a motor vehicle or moped on a public highway or street unless such motor vehicle or moped is equipped, at all times, with a muffler or mufflers in constant operation and of such length and size or of sufficient capacity for the motor and/or exhaust system to prevent the escape of excessive or annoying fumes or smoke, and excessive or unusual noise. The term “excessive or unusual noise,” as used in this section, means noise in excess of the usual noise that would necessarily result from the operation of a motor when reduced to the minimum by a muffler operated in the manner and meeting the standards described in this subsection (b) No person shall operate a motor vehicle or moped on a public highway or street unless the motor [and/or] and exhaust system of the motor vehicle or moped are properly equipped and adjusted so as to prevent the escape of excessive or annoying fumes or smoke and the emission of excessive or unusual noise as defined in this section. (c) No person shall operate a motor vehicle or moped on a public highway or street with a motor or exhaust system that has been altered or modified to such an extent that the noise emitted by the motor or exhaust system thereof shall be deemed excessive or unusual as defined in this section, or equipped with a dummy muffler, cut-out, by-pass or other similar device. (d) No person shall operate a motor vehicle or moped on a public highway equipped with an exhaust system or device that will amplify or increase the noise emitted by the motor of such motor vehicle or moped above that emitted by the exhaust system or device with which the motor vehicle or moped came originally equipped from the factory. (e) No person shall operate a motor vehicle or moped on a public highway with a muffler with baffles or other interior parts, or both, that are not fixed or are not stationary. (Sec. 15-19.28, R.O. 1978 (2019 Ed.)) Hawai'i Law - HRS Section 291-22 Regulation Of Exhaust Pipe And Muffler. It shall be unlawful for any person to drive upon the public highways any motor scooter, as defined in section 286-2, the exhaust pipe or muffler of which has been so changed from the factory design as to increase the volume or audibility of the explosions within the motor thereof. Hawai'i Law - HRS Section 291-24 Motorcycles And Mopeds, Noisy Mufflers; Penalty. (a) Every motorcycle and moped moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. No person shall modify the exhaust system of a motorcycle or a moped in a manner which will amplify or increase the noise emitted by the motor of such motorcycle or moped above that emitted by the muffler originally installed on the motorcycle or moped except a motorcycle or moped that: (1) Has three wheels; (2) Is powered by an electric motor; (3) Has a full body enclosed cab; and (4) Has a seat belt assembly or a child restraint system for the driver and passenger; shall not be required to be equipped with a muffler. (b) As used in this section, "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from the engine of the motorcycle or moped, and being effective in reducing noise. (c) Whoever violates this section shall be fined not more than $100. Hawai'i Law - HRS Section 291-24.5 Motor Vehicle Muffler. (a) No person shall use on a public highway, sell, alter or install a muffler which will noticeably increase the noise emitted by a motor vehicle above that emitted by the vehicle as equipped from the factory. (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 nor more than $250 for each separate offense. Any person who violates the provisions of this section may be issued a summons or citation for such violation. Noisy Mufflers - Hawai'i Administrative Rules Title 11 Prohibition. See 11-46-6.
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Noise From Leaf Blowers
Hawai'i Law - HRS 342F-30.8 - Leaf Blowers; Restrictions (a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a leaf blower within a residential zone or within one hundred feet of a residential zone in the State, except between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sunday or a state or federal holiday, and between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or any state or federal holiday. (b) Violators shall be fined $50 for the first violation, $100 for the second violation, $200 for the third violation, and $500 for each subsequent violation. (c) Government entities, and agents acting on behalf of government entities, shall not be subject to this section. (d) Any county may adopt a rule or ordinance that places stricter limitations on the use of leaf blowers than are in this section. In case of a conflict between the requirements or limitations of this section and any county rule or ordinance regarding the use of leaf blowers, the more restrictive requirements shall apply. (e) For the purposes of this section: “Leaf blower” means any machine used to blow leaves, dirt, or other debris off sidewalks, driveways, lawns, and other surfaces. General Noise Complaints - Neighbors, etc.
Hawai'i Law - HRS 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; (b) Makes unreasonable noise; (c) Subjects another person to offensively coarse behavior or abusive language which is likely to provoke a violent response; (d) Creates a hazardous or physically offensive condition by any act which 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) 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. Hawai'i Periodic Motor Vehicle Inspection (PMVI) Manual For Inspectors Of Motorcycles.
Click here to view a copy of the PMVI in a separate window. At Page 5 of the PMVI for Motorcycles it states: "EXHAUST SYSTEM (Line 6 of [inspection] Form) Components must be securely mounted, have no leaks or unacceptably loud sound level. Welding cracks is an acceptable method of repairing an exhaust pipe. Fail exhaust system if: -- It is leaking. -- Any component part is not securely fastened. -- Any component part is missing, equipped with exhaust cut-outs, by-pass or similar devices or lacks a muffler. Installing a baffle in an open pipe is acceptable provided it reduces the noise level to about that of a stock exhaust system. -- Emits a much louder noise than that emitted by the vehicle as equipped from the factory, or -- Exhaust gas is not exiting beyond the passenger. For those motorcycles on the road that clearly do not have mufflers, the follow HRS applies: HRS Section 286-22 Inspection By Officers Of The Police Department. (a) The chief of police or any police officer of any county may, at any time when the chief of police or police officer has reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, require the owner or driver of the vehicle to submit the vehicle to an inspection or make the necessary corrections or repairs. (b) If the vehicle is found to be in an unsafe condition or if any required part or equipment is not present or if any required part or equipment is present but not in proper repair, the officer shall issue a citation to the owner or driver stating the reasons that the vehicle is deemed unsafe and shall require that a new certificate of inspection as provided in section 286-26 be obtained within five days or that the defect be cured. (c) If upon inspection, the chief of police or any police officer determines that any vehicle is in such unsafe condition as to constitute a menace to the public and cannot reasonably be restored to a safe condition as required in this part, the chief of police or police officer shall remove the sticker which signifies the certificate of inspection and inform the director of finance who shall forthwith suspend the registration of the vehicle and give notice of the suspension to its owner. Whenever the director of finance has suspended the registration of any vehicle under this part, the owner of the vehicle shall immediately surrender and forward to the director of finance the certificate of registration and the license plates last issued upon registration of the vehicle for the current year. (d) Any person aggrieved by this section shall have the right to a hearing before a district judge of the circuit in which the person is cited within five days. The judge shall determine whether the chief of police or any police officer reasonably performed the chief of police's or police officer's duties hereunder and shall make any appropriate order. [L 1967, c 214, pt of §2; HRS §286-22; am L 1970, c 188, §§39, 40; gen ch 1985] Revision Note "Director of finance" substituted for "treasurer" to conform to county charters. Noise From Bars And Other Entertainment Venues HRS 342F-31.5.
342F-31.5 Noise measurement; rules. (a) The department shall adopt rules in accordance with chapter 91 that shall use both the dBC and the dBA sound level measurement systems for community noise control. The department and the county liquor commissions may enforce nighttime noise levels in any urban land use district measured from over fifty to sixty decibels, measured using the dBC weighting system, in certain areas they deem appropriate and not adversely affecting public health and safety. (b) In any urban land use district, a sound level of more than sixty decibels for bass sound (using the dBC weighting system), measured at a complainant's site, shall be deemed to exceed the maximum permissible sound at nighttime; provided that, where the complainant's site is within or in close proximity to an area zoned mixed-use or residential, the maximum permissible sound at nighttime shall be fifty decibels dBC. (c) For purposes of this section: "Nighttime" means the time between the hours of 10:00 p.m. and 7:00 a.m.; and "Urban land use district" means property designated as such pursuant to section 205-2. [L Sp 2009, c 25, §3] |