Blog Archives

Loud Aftermarket Exhaust - Can't Sleep Anymore. Where is HPD; Where are our Legislators

6/20/2022

Comment:

I have lived next to the H1 for about 30 years now and the noise has gotten out of control. Particularly the racers and the young kids with the modified exhausts that make multiple percussive explosions as they blast through. I have written to councilmen in the past and don't even get replies. We can't sleep anymore because of these idiots. It's 1am and we just got awakened again by EXTREMELY loud racers going by. Is there anything that can be done?

Quieter O'ahu Response:

Aloha,

Sorry to hear about your distress over noise. We agree with everything you've said. Noise is, and has been, out of control, and HPD and our elected representatives turn a blind eye and a deaf ear to the problem. It's good that you've attempted to engage with your representatives, and our only advice would be that if they are unresponsive, don't give them your vote. Frankly, when Honolulu, and Hawaii, continue to elect the same people year after year after year what else can be expected but more of the same? Noise has been a problem for many, many years and is only growing worse. It's the fault of these legacy legislators who return to office, or take another office, with every election cycle. Perhaps it's time to sweep the slate clean and start over.

If you've browsed our website you've seen our pages on current Ordinances and Statutes that cover various types of noise, including aftermarket exhaust on every type of vehicle. It's not a question of legislation - well, not completely, but a question of enforcement. We say "not completely" because the wording of our current legislation leaves much to be desired. it's difficult to enforce language like "louder than usual" or "xx dBa" or "too loud for a person of normal hearing." Words and phrases like that can't be objectively defined in a court of law, so it's often difficult to prove the offense. You might want to search our Noise Blog for "plainly audible" to see what we've recommended for enforceable language, and urge your representatives to adopt it.

In the meantime your best course of action is through your Neighborhood Board (NB). Yours is Board #8 and you can find a starting point for their elected members, meeting schedules and info, and more. https://www.honolulu.gov/cms-nco-menu/site-nco-featured/191-site-nco-cat/682-test.html#NB8

We recommend to everyone to become active, very active, in their NB. Make noise about Noise. As the lowest level, the community level, of City Government, your voice is important. Be vocal. Speak out. Each month HPD addresses each NB. Ask them directly why they aren't enforcing existing ordinances and statutes on noise. Similarly, there are representatives from the Mayor's Office, and the Governor's Office. Question them. Hold them accountable. I'm sure you will find other like-mined people attending NB Meetings who will agree with you.

Hope this helps. We've posted your note and our response, without identifying info, to our Noise Blog for the benefit of others.

Quieter O'ahu

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Yet More Proof That HPD Does Nothing To Curb Noise Or Ticket Offenders

6/10/2022

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Comment:

Thanks Quieter O'ahu for making this forum available. As you'd suggested, I've written to the Mayor, my city councilman and my State Representative, (in addition to sending him a donation) to my concerns about noise specific to vehicle exhausts and boom sound systems.

All three responded positively and each one referred my concerns to the HPD Chief. This is where the "wheels come off". I got a separate response each time that HPD monitored the area near the top of St. Louis Heights for a period of time and there was not a single incident of excessive noise from a car, motorcycle or moped! (3 times over a 48 hour period).

That's amazing! I could pick random times between 10am to 8pm and I would be able to cite 1/2 dozen vehicles running illegal exhausts or excessively loud stereos.

I believe resolution to this problem is 3 fold.

1. These narcissists who insist on inflicting normal folks with their noise need to be put on notice by the police there is zero tolerance for loud exhaust especially in residential neighborhoods.

2. They need to be put on notice by AGGRESSIVE ENFORCEMENT - zero tolerance. Citations, fines, impounds.

3. It's not going to be taken seriously until our elected officials begin to feel larger public pressure and apply their clout onto HPD to show results... e.g. visible checkpoints (do it in conjunction with DUI and registration, vehicle isnpection checks)

WE ON THIS BLOG need to. become a unified political action arm and start applying organized, vocal, public pressure on the the City officials (Mayor, councilmen) to hold HPD accountable for putting the offenders on notice in a very draconian manner.

Thank you.

Quieter O'ahu Response:

Aloha,

Mahalo for your email and thoughtful comments.

We're not surprised that HPD issued zero citations. That's consistent with their history. You can see their data, although dated and limited, on our website for the number of noise citations issued by HPD for the period surveyed. Extrapolating the data, an HPD Officer could be expected to issue only 8.5 noise citations over a 20 year career. I would venture that more current data would show an even smaller number of citations.

We have long advocated that the cure to this problem rests with enforcement. If you review our pages on current Honolulu and Hawai'i Ordinances and Statutes there is ample authority to issue citations and bring noise to a screeching halt. But HPD, and our legislators, lack the will. I won't go as far as to say their will has been corrupted, but the "Industry" for aftermarket stereos, amplifiers, speakers, exhaust systems, mufflers, etc., is large and powerful. And they lobby, and they contribute to political campaigns.

And our legislative process, as convoluted as it is, gives cover to legislators who session after session do nothing about holding HPD to account. Here's an example. Although we do have "coverage" of most of the noise under current ordinances and statutes, most of the wording is vague and awkward. It uses language such as "louder than normal" - well, what is "normal" the courts would ask; "in excess of xxdBa - well, who measures that, from where, using what equipment, and using what dBa filter; "would sound too loud to a person of normal sensitivity" - what does that even mean, and how would it be measured and enforced? Too, we allow entirely too much "Officer Discretion." Call HPD, they hear a noise, they give a warning or just walk away. When HPD is asked why no citation was issued, they say the officer used his/her "discretion" in deciding that a citation wasn't warranted.

We have suggested many times to many legislators (Legislature and City Council) to amend the language of current ordinances and statutes to a common "Plainly Audible Standard" (PAS). This is what many, many communities have done. PAS simplifies wording in legislation to say simply, "If the noise can be heard from its point of origin (e.g., exhaust, speaker, noise/sound producing equipment) at/to a distance of xx feet, as determined by the responding officer, that is sufficient to prove the offense. An approximation of distance by the responding officer is an adequate determination of distance. In the case of music, it is not necessary that the officer be able to discern the lyrics for the sound to be deemed audible."  Play with the wording to make it applicable, but you get the point. No "dB's," no "too loud," no "personal sensitivity," just noise is or is not heard over a given distance. Just common sense. But they won't do that. We've come to believe that they want the laws vague and, therefore, unenforceable. Why? Well, there's that industry lobby and campaign donations thing. What other explanation is there for language that, frankly, could have been better crafted for enforcement by a third-grader?

And yes, the Chief of Police could direct that noise enforcement be done more aggressively, much more aggressively - or done at all, and it is inexplicable why that civic leader does not do so. And yet, lack of enforcement across the board on noise infractions is proof that there is no will. And the Chief of Police is relatively immune from political pressure. He/She acts with great autonomy and answerable only to the Police Commission. Not to legislators, not to the Mayor, but to the Police Commission. Political cronies appointed by the Mayor and approved by City Council.

So what can be done? First, we have recommended to Neighborhood Boards (NB/NBs) that they take up the challenge of ending/mitigating noise. To start, there is an HPD representative at each meeting of each NB. We recommend that the NB have the HPD representative report to the board each month the number of noise citations for the previous month in that community, and a cumulative total of citations issued thus far in that community for the calendar year. That would provide visibility to the community on lack of noise enforcement. Second, we have recommended that the 21 NBs identify a representative from one of the NBs who will collate the monthly reports from all the other NBs, and distribute the cumulative totals of noise citations back to the 21 NBs. This report would become part of the normal NB agenda, and the total be reported to each community each month immediately before the HPD representatives report of noise citations issued. More visibility, more transparency. This monthly report should also be provided to broadcast and print media. One or more of the media would likely pick this up and begin publishing results of non-enforcement. Civil Beat would be a good start. Once the NBs, collectively, become aware of how expansive the noise problem really is, and how little, or nothing, is being done by HPD, they will be armed with the facts and figures to demand action of the Mayor, the HPD, the Police Commission if necessary, and up to and including the Governor. So far, however, the NBs have been unable to act together, and if only 1 or 2 of the 21 act, that simply is insufficient to gain the necessary traction.

So Mahalo, again, for your note. Sorry for so much verbiage, but yes, this is a complex problem with many moving parts and obstacles. We will post your comments, without identifying info, and our response, to our Noise Blog for the benefit of others.

Mahalo,
Quieter O'ahu

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Barking Dog - Maybe There's A Reason For The Barking

6/7/2022

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Comment:

Thanks for providing this website. I've been bothered by loud barking every 30 minutes or so dog since I moved into a high rise apartment. The dog is outside on the property of a house on ground level. This is the loudest bark I have ever heard. I was on the ground floor once when he (or she) barked, and it was easily 110dB. How a biological creature could create such volume is impressive. I'm reluctant to complain because it might antagonize the owner and lead to even more barking. So I'm going to start keeping a recording. Once I'm sure I have a solid record, then ask the owner to quiet the dog. If the owner takes offense and does nothing, then I'll have civil court as a viable recourse. There are very loud motorbikes (the inexpensive, single speed type), but there's not much I can do about that. It's too bad our government officials don't take these sorts of noise issues more seriously. That's the real problem. Keep up the good work.

Quieter O'ahu Response:

Aloha,

Mahalo for your note. We have many residents contacting us about animal noise, from barking dogs to crowing roosters and everything imaginable (and unimaginable) in between. These fall into the category of "Animal Nuisances" and there's actually an ordinance that covers that.

Below is a link to the 2017 (and most current) O'ahu Noise Reference Manual. At Page 6 you'll see that a barking dog is considered a nuisance if barking for 10 minutes continuously, or intermittently for 30 or more minutes. In the Manual it recommends contacting the Humane Society or calling 911. You may want to phone the Humane Society. If you call 911 they will usually tell you "Call the Humane Society." And here's why you should consider doing so. Dogs just do not up and think, "Hey, I think I'll bark a while." Usually there is an underlying reason. Possibly Thirst, Hunger, Neglect, etc. The Humane Society, when responding to animal nuisance complaints, will evaluate the full circumstances and work with the owner on the best solution. If they find abuse, they will take appropriate action. When making your report, just tell the Humane Society you want to remain anonymous because you don't want to open yourself to possible reprisals, etc. They will honor your request.

https://health.hawaii.gov/irhb/files/2017/08/noiserefoahu.pdf

Just a suggestion, we cannot directly recommend a course of action, but this is an option for you to consider.

We have added you to our distribution list. We will also post your note to our noise blog, absent your identifying information, for the benefit of others.

Mahalo,
Quieter O'ahu

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Is There Noisy Business Encroachment At Kawainui Marsh??

6/5/2022

0 Comments

Comment:
Aloha!

I grew up on Oahu and have lived on Kawainui Marsh for 18 years. About two years ago a new neighbor started coaching baseball out back on city and county land (a flood easement that only 5 homes have private access to). Prior this has always been very quiet and very private spot on the marsh/bird sanctuary and is the only reason I purchased a home in this spot.

My neighbor is clearly running an illegal coaching business and we are subjected to almost daily bombardment of heavy batting, a pitching machine, balls slamming against the backstop, etc. There are a bunch of different groups of different ages. I have seen kids from maybe 6 to adults. Kids get dropped off and picked up by parents. The batting cage is something he built and it is massive.

For two years we have been complaining and trying to work out a cut off time and some limits. He is usually polite and says all the right things but within a day or two he just goes back to doing what he wants. He told my husband that if we don't let him do whatever he wants then he will put 4 or 5 basketball hoops on the road and they will all play in the street until 10pm to punish us for turning him in. I believe he will.

A few days ago I made my last attempt to make some kind of arrangement with him that we could all live with. Next day he was back to his usual.

The situation just seems to be escalating as he adds more students and longer times. I have been suggesting that if he plays earlier in the day that it would be less of a problem So, just last week he started coaching at 11am. But instead of also stopping earlier - he just plays a double shift so to speak - until at least 6pm.

He knows that what he is doing is illegal but he doesn't care.
He thinks we will never turn him in because of the way he has tried to bully us.

Can you please advise me on what I can do and how I can put an end to this misery. I am forced to close all my doors and windows to mitigate the noise and still I cannot sleep during the day if I need to or enjoy my yard or lanai during the day.

Any help would be much appreciated. I very much support and appreciate what you are doing here with this website. I'm very happy to have found you!

Thanks

Quieter O'ahu Response:

Aloha,

It's difficult to know where to begin. We're sorry to hear about your noise problem, but on the surface at least it appears you have numerous options for addressing this problem. These are our views, however, and, not knowing your particular circumstance, we cannot recommend that you pursue any of them. However, you may want to review and use your own best judgement and due diligence on deciding how to proceed.

You say that this activity is occurring on City and County Land. You may want to contact the City and County of Honolulu Department of Planning and Permitting. They have jurisdiction over zoning, and if someone is encroaching onto City and County property they would be the Government entity to take action. Here is their website:

http://www.honoluludpp.org/AboutDPP/ContactUs.aspx .

At this website you will find numerous groups within the department, including, but not limited to, Residential Zoning. Suggest reviewing the services they provide on their website and contacting for a review of whether the activity is actually occurring on City and County property. Here are two of MANY groups within the department that might provide assistance:

RESIDENTIAL CODE ENFORCEMENT BRANCH Voice Message Line: (808) 768-8127

Complaint investigations related to zoning and housing code for one and two family dwellings
Sidewalk Maintenance
Vacant lot overgrowth

COMMERCIAL & MULTI-FAMILY CODE ENFORCEMENT BRANCH Phone Number: (808) 768-8152

Complaint investigations related to zoning, building and housing codes for commercial and multi-family buildings
Site Inspections for State Licensing and Public Reports
Complaint Investigations on Commerical Signs

Next would be the Department of Land and Natural Resources (DLNR). DLNR has jurisdiction over much of Kawainui Marsh, possibly including the flood zone easement. If there is unauthorized business activity occurring in this area, they would have the authority to correct the problem. We note that two of the most relevant DLNR Divisions are the Office of Conservation and Coastal Lands (OCCL) and the Land Division. You can find the DLNR websites here:

Main Website: https://dlnr.hawaii.gov
Office of Conservation and Coastal Lands: https://dlnr.hawaii.gov/occl/
Land Division: https://dlnr.hawaii.gov/ld/

Finally, we recommend you address this issue to your Kailua Neighborhood Board (Board 31). Your Neighborhood Board (NB) is your "Community" level of City and County Government. Each Board meets monthly and the public is invited to attend. The NB is comprised of representatives from sub-districts across the neighborhood, and the representative for your sub-district should be made aware of any issue involving the possible unauthorized use of public land, of land-use that possibly encroaches into land having protected or conservation status. You can find you Kailua Neighborhood Board information at the following website, then clicking on "31" - the Kailua NB. If you are unsure of your sub-district, we have also provided a link to the Kailua sub-district boundary map to assist.

Kailua NB 31 - https://www.honolulu.gov/cms-nco-menu/site-nco-featured/191-site-nco-cat/682-test.html
Kailua NB 32 Sub-Districts: https://www.honolulu.gov/rep/site/nco/maps/31_Kailua.jpg

Again, we cannot and do not recommend any specific course of action. We cannot do that. What we have provided is information that you may choose to use as a way forward to resolve or mitigate the problem you have identified based upon services that are available to you from the City and County.

We hope that this helps.

Mahalo,
Quieter O'ahu

Follow-Up From Original Submitter:

Thanks so much for pointing me in the direction of possible solutions.
I very much appreciate your time and your careful consideration of my noise
Issues.

Quiet is something I am very passionate about. I’ve already told a few
people about your website and plan to share it with everyone I know!

Aloha

0 Comments

Take The Time To Comment

Let us know what you think. Are you tired of the noise? Do you have ideas on how to combat the noise? Tell us about it.

Also, use the "Contact A Quieter O'ahu" form (under "About Us" on the menu bar) to let us hear from you. We continue to compile email addresses of those interested in reclaiming quiet for our island to inform of noise and related issues of interest. From time to time Quieter O'ahu may recommend contacting City Council or the Legislator to make your feelings known on a particular noise or related Bill.

TOGETHER we can affect positive change.

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