Hi and thank you for your extensive, well made website.
My neighbors play loud boombox "noise" and music from their house or vehicle on a daily basis. I have called police over 150++ times to stop it to no avail. The police have finally contacted the owner but since there are never any serious consequences, the neighbors continue to play their "noise" whenever they feel like it.
Having cited ROH 41-31.1 to the police, they clarified that it pertains to boombox noise from a vehicle on the road or on public property. Since these neighbors rent a house and park their vehicles in their driveway, ROH 41 does not apply to them. In addition, the police have directed the Dept. of Health to call me regarding my complaint but an inspector told me the DOH no longer deals with residence noise. They told me that Gov. Cayetano changed the law years ago because it somehow held the county responsible.
Is there any law that can effectively deal with the chronic, inconsiderate behavior of bad neighbors?
Quieter O'ahu Response:
Sounds as if this is a source of constant frustration. And it certainly sounds as though you've attempted engaging with HPD to solve the problem, but without success.
We cannot and do not recommend a specific course of legal action. As a 501(c)3 we are chartered to be an information source for the community and provide education where possible about noise, its harmful effects, and laws, ordinances, statutes, etc., that have been enacted to safeguard the public from unwanted intrusion of noise into their daily lives and noise that disrupts or diminishes quality of life.
That said, we have recently added a new entry on our website under Hawai'i Noise Laws. It is Hawai'i Revised Statute 711-1101 - Disorderly Conduct. Included in the description of this petty misdemeanor/violation is "Makes unreasonable noise." While not offering a legal interpretation, this certainly seems like a case of unreasonable noise. You can find the description of this statute and the full commentary at the following Hawaii.Gov link. You can also read the abbreviated version which we have added to our website.
We hope this information helps. We have posted your note, without your name or identifying information, to our website blog for the benefit of others.
Hawaii.Gov website link: https://www.capitol.hawaii.gov/hrscurrent/vol14_ch0701-0853/HRS0711/HRS_0711-1101.htm
Quiter O'ahu Link: https://www.quieteroahu.com/hawaii-noise-laws.html