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| 1 | - | THE SENATE S.B. NO. 2159 THIRTY-FIRST LEGISLATURE, 2022 S.D. 2 STATE OF HAWAII | |
| 1 | + | THE SENATE S.B. NO. 2159 THIRTY-FIRST LEGISLATURE, 2022 S.D. 2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO LEAF BLOWERS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 3 | 3 | THE SENATE S.B. NO. 2159 | |
| 4 | 4 | THIRTY-FIRST LEGISLATURE, 2022 S.D. 2 | |
| 5 | - | STATE OF HAWAII | |
| 5 | + | STATE OF HAWAII | |
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| 7 | 7 | THE SENATE | |
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| 9 | 9 | S.B. NO. | |
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| 11 | 11 | 2159 | |
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| 13 | 13 | THIRTY-FIRST LEGISLATURE, 2022 | |
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| 15 | 15 | S.D. 2 | |
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| 17 | 17 | STATE OF HAWAII | |
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| 31 | 31 | A BILL FOR AN ACT | |
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| 37 | 37 | RELATING TO LEAF BLOWERS. | |
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| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | SECTION 1. Section 342F-30.8, Hawaii Revised Statutes, is amended to read as follows: "[[]§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[.]; provided that government entities, and agents acting on behalf of government entities, may use leaf blowers during the prohibited hours in the case of an emergency | |
| 47 | + | SECTION 1. Section 342F-30.8, Hawaii Revised Statutes, is amended to read as follows: "[[]§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[.]; provided that government entities, and agents acting on behalf of government entities, may use leaf blowers during the prohibited hours in the case of an emergency. (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)] (c) 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)] (d) 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. "Residential zone" includes residential districts, apartment districts, and business mixed use districts, as those terms may be used in state law or county ordinance. "State holiday" means any day established as a state holiday in section 8-1." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect on January 1, 2050. | |
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| 49 | 49 | SECTION 1. Section 342F-30.8, Hawaii Revised Statutes, is amended to read as follows: | |
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| 51 | - | "[[]§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[.]; provided that government entities, and agents acting on behalf of government entities, may use leaf blowers during the prohibited hours in the case of an emergency | |
| 51 | + | "[[]§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[.]; provided that government entities, and agents acting on behalf of government entities, may use leaf blowers during the prohibited hours in the case of an emergency. | |
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| 53 | 53 | (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. | |
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| 55 | 55 | [(c) Government entities, and agents acting on behalf of government entities, shall not be subject to this section. | |
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| 57 | 57 | (d)] (c) 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. | |
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| 59 | 59 | [(e)] (d) For the purposes of this section: | |
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| 61 | 61 | "Leaf blower" means any machine used to blow leaves, dirt, or other debris off sidewalks, driveways, lawns, and other surfaces. | |
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| 63 | 63 | "Residential zone" includes residential districts, apartment districts, and business mixed use districts, as those terms may be used in state law or county ordinance. | |
| 64 | 64 | ||
| 65 | 65 | "State holiday" means any day established as a state holiday in section 8-1." | |
| 66 | 66 | ||
| 67 | 67 | SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. | |
| 68 | 68 | ||
| 69 | 69 | SECTION 3. This Act shall take effect on January 1, 2050. | |
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| 71 | - | Report Title: Leaf Blowers; Residential Zones; Restriction; Government Agencies; Exemption; Repeal Description: Clarifies that the residential zone restriction on the use of leaf blowers at certain hours includes residential districts, apartment districts, and business mixed use districts. Removes the exemption on leaf blower restrictions for government agencies except in cases of emergency. Effective 1/1/2050. ( | |
| 71 | + | Report Title: Leaf Blowers; Residential Zones; Restriction; Government Agencies; Exemption; Repeal Description: Clarifies that the residential zone restriction on the use of leaf blowers at certain hours includes residential districts, apartment districts, and business mixed use districts. Removes the exemption on leaf blower restrictions for government agencies except in cases of emergency. Effective 1/1/2050. (SD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 77 | 77 | Report Title: | |
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| 79 | 79 | Leaf Blowers; Residential Zones; Restriction; Government Agencies; Exemption; Repeal | |
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| 82 | 82 | ||
| 83 | 83 | Description: | |
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| 85 | - | Clarifies that the residential zone restriction on the use of leaf blowers at certain hours includes residential districts, apartment districts, and business mixed use districts. Removes the exemption on leaf blower restrictions for government agencies except in cases of emergency. Effective 1/1/2050. ( | |
| 85 | + | Clarifies that the residential zone restriction on the use of leaf blowers at certain hours includes residential districts, apartment districts, and business mixed use districts. Removes the exemption on leaf blower restrictions for government agencies except in cases of emergency. Effective 1/1/2050. (SD2) | |
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| 93 | 93 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |