| 47 | | - | SECTION 1. The legislature finds that noise control is a serious issue that impacts residents and businesses in the State's urban areas. The United States Environmental Protection Agency, which regulates certain noise sources, has observed that millions of people nationwide are negatively affected by noise and that studies show a direct link between excessive noise and health issues, such as stress-related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity. The legislature also finds that quality of life can be enhanced through improved monitoring and enforcement of applicable noise regulations; however, enforcement of noise controls has been challenging for various reasons. The State's noise pollution law prohibits, with certain exceptions, any person from engaging in activity that produces excessive noise without first securing written approval from the director of health. Existing law also requires the department of health to adopt rules for community noise control; however, due to lack of resources, including the number of enforcement inspectors, the community noise control rules adopted by the department of health only apply to stationary mechanical noise sources and equipment related to agricultural, construction, and industrial activity. Therefore, the department's noise control enforcement activities are primarily focused on noise emitted from these sources. The legislature finds that in 2021, the Honolulu city council passed a bill to regulate amplified sound from public sidewalks in the Waikiki special district that was subsequently vetoed by the mayor. The legislature notes that during the city council's hearing process, the Honolulu police department and the department of the prosecuting attorney for the city and county of Honolulu raised concerns over the bill, including the lack of sound monitoring devices to enforce the measure. Accordingly, the purpose of this Act is to protect the health and improve the quality of life of residents who must coexist closely in the State's urban areas by: (1) Establishing a two-year pilot program to require the department of health to: (A) Implement excessive amplified noise control in the Waikiki special district; and (B) Report to the legislature on whether the pilot program should be modified, expanded to areas outside of the Waikiki special district, terminated, or made permanent; and the feasibility of statewide implementation of the excessive amplified noise control created under the pilot program; and (2) Appropriating funds for the pilot program. SECTION 2. (a) There is established within the department of health, a two-year pilot program to be known as the Waikiki excessive amplified noise control pilot program, to regulate excessive amplified noise only within the Waikiki special district. (b) Notwithstanding any other law to the contrary and except as provided in subsection (e), no person, including any public body, shall, without previous written approval by the director of health, engage in or cause or permit any other person to engage in any activity that produces excessive amplified noise during nighttime on a public sidewalk within thirty feet of a hotel, single- or two-family detached dwelling, or a multi-family dwelling located within an area zoned mixed-use or residential. (c) For the purposes of establishing a violation of subsection (b), sound level measurement shall be taken by employing a sound level meter using the dBC weighting system. If the initial sound measurement taken does not establish a violation, an additional measurement may be taken upon the request of a complainant at the site where the complainant alleges to have heard excessive amplified noise. (d) A person shall be in violation of this section if the sound level measurement of the alleged excessive amplified noise taken in accordance with subsection (c) is more than three decibels (dBC) louder than the ambient noise level. (e) Subsection (b) shall not apply to sound emitted by: (1) Any person to alert persons of an existence of a public or personal emergency; or (2) A public safety agency or an employee thereof in the provision of firefighting, law enforcement, ambulance, medical, or other emergency services. (f) Any person who violates this section or any rule adopted by the department of health pursuant to this section shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be punished as follows: (1) For a first conviction, by a mandatory fine of $100; (2) For a second conviction within one year of a previous conviction, by a mandatory fine of $250; and (3) For a third or subsequent conviction within one year of the first two or more convictions, by: (A) A mandatory fine of no less than $500 or more than $1,000; (B) Imprisonment of no more than thirty days; (C) Forfeiture of the sound amplifier used to emit the excessive amplified noise, which shall be disposed of by the State; or (D) Any combination of the foregoing penalties. For the purposes of this subsection, "one-year period" begins on the date the enforcement officer finds the person to be in violation of subsection (b) and ends on the same day and month of the following calendar year. (g) For the purposes of enforcing and operating the pilot program, the department of health may: (1) Hire additional inspectors and purchase equipment, as necessary; or (2) Enter into a contract with a third party, including the Honolulu police department; provided that existing department personnel shall be assigned to fulfill administrative responsibilities of the pilot program, including the preparation and submittal of reports pursuant to subsection (h). (h) The department of health shall submit a report of its findings and recommendations pertaining to the noise control pilot program to the legislature no later than twenty days prior to the convening of the regular session of 2025. The report shall include: (1) An assessment of the effectiveness of the pilot program, including quarterly records of: (A) The number of complaints received by the pilot program; (B) The number of violations found; (C) The amount of penalties assessed and collected; and (D) Any other information the department deems useful in assessing the pilot program's effectiveness; (2) A recommendation of whether the pilot program should be modified, expanded to areas outside of the Waikiki special district, terminated, or made permanent; and the feasibility of statewide implementation of the excessive amplified noise control regulation; and (3) Any proposed legislation. (i) The department of health shall adopt rules in accordance with chapter 91, Hawaii Revised Statutes, to carry out the purposes of this section. (j) As used in this section: "Ambient noise" means the totality of sounds in a given place and time, independent of the sound contribution of any specific source of sound being measured. "Amplified sound" means any sound created by use of a sound amplifier. "Detached dwelling" means a building containing one or two dwelling units that is surrounded entirely by yards or other separation from buildings on adjacent lots. Dwelling units in a two-family detached dwelling may be either on separate floors or attached by a carport, garage, or other similar connection, or attached solid wall without openings. "Dwelling unit" means a room or rooms connected together that constitute an independent housekeeping unit for a family and contains a single kitchen. Two or more essentially separate structures, except for a token connection, such as a covered walkway or a trellis, do not constitute a single dwelling unit. "Dwelling unit" does not include a unit used for time sharing or a transient vacation unit. "Enforcement officer" means an employee of the department of health or third-party entity contracted by the department, who is authorized by the director of health to enforce this section and any rules adopted by the department pursuant to this section. "Excessive amplified noise" means any amplified sound that: (1) Is emitted at a sound level that is detectable at a distance of thirty feet or more from the sound amplifier; or (2) Is emitted continually at a sound level that exceeds eighty decibels (dBC) for a combined total of one minute or more in any five-minute period from a distance no farther than eight feet from the sound amplifier; measured in accordance with the method prescribed in subsection (c). "Hotel" means a building or group of buildings containing lodging or dwelling units offering transient accommodations, a lobby, clerk's desk or counter with twenty-four-hour clerk service, and facilities for registration and keeping of records relating to hotel guests. "Hotel" includes accessory uses and services intended primarily for the convenience and benefit of the hotel's guests, including restaurants, shops, meeting rooms, and recreational and entertainment facilities. "Lodging unit" means a room or rooms connected together that constitute an independent living unit for a family and does not contain a kitchen. "Lodging unit" does not include a unit used for time sharing or a transient vacation unit. "Multi-family dwelling" means a building containing three or more dwelling units or lodging units that is not a hotel. "Nighttime" means the time between the hours of 7:00 p.m. of one day and 6:00 a.m. of the following day. "Public safety agency" shall have the same meaning as defined in section 138-1, Hawaii Revised Statutes. "Public sidewalk" means a publicly owned or maintained "sidewalk" as defined in section 291C-1, Hawaii Revised Statutes. "Sound amplifier" means a device used for the reproduction or amplification of sound, including microphones, loudspeakers, phonograph players, compact disc players, tape decks, smartphones, tablets, laptop computers, and musical instruments. "Waikiki special district" means the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance, as amended, that establishes the "Waikiki Special District". SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to establish, implement, and enforce the Waikiki excessive amplified noise control pilot program. The sums appropriated shall be expended by the department of health for the purposes of this Act. SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 5. This Act shall take effect on June 30, 3000. |
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| 47 | + | SECTION 1. The legislature finds that noise control is a serious issue for residents and businesses that must coexist closely in our State's urban areas. The United States Environmental Protection Agency, which regulates certain noise sources, has observed that millions of people nationwide are negatively affected by noise and that studies show a direct link between excessive noise and health issues, such as stress-related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity. The legislature also finds that quality of life can be enhanced through improved monitoring and enforcement of applicable noise regulations; however, enforcement of noise controls has been challenging for various reasons. The State's noise pollution law prohibits, with certain exceptions, any person from engaging in activity that produces excessive noise without first securing written approval from the director of health. Existing law also requires the department of health to adopt rules for community noise control; however, due to lack of resources, including the number of inspectors to enforce the regulation, the community noise control rules adopted by the department of health only apply to stationary mechanical noise sources and equipment related to agricultural, construction, and industrial activity. Therefore, the department's noise control enforcement activities are primarily focused on noise emitted from these noise sources and equipment. The legislature finds that in 2021, the city council of Honolulu passed a bill to regulate amplified sound from public sidewalks in the Waikiki special district that was subsequently vetoed by the mayor. The legislature notes that during the city council's hearing process, the Honolulu police department and the department of the prosecuting attorney for the city and county raised concerns over the bill, including the lack of sound monitoring devices to enforce the measure. Accordingly, the purpose of this Act is to protect the health and improve the quality of life of residents who must coexist closely in the State's urban areas, by: (1) Beginning July 1, 2025, prohibiting with certain exceptions, the emission of excessive amplified noise during night time on public sidewalks at certain locations in areas zoned as mixed-use or residential without obtaining prior written approval from the director of health; (2) Establishing a two-year pilot program to require the department of health to implement the excessive amplified noise control regulation in the Waikiki special district and report to the legislature on whether the pilot program should be continued, modified, expanded to areas outside of the Waikiki special district, or terminated; and the feasibility of statewide implementation of the excessive amplified noise control regulation on July 1, 2025; (3) Requiring the department of health to adopt rules to carry out the purposes of this Act; and (4) Appropriating funds. PART I SECTION 2. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . excessive amplified noise control §342F-A Definitions. As used in this part, unless the context requires otherwise: "Ambient noise" means the totality of sounds in a given place and time, independent of the sound contribution of any specific source of sound being measured. "Amplified sound" means any sound created by use of a sound amplifier. "Detached dwelling" means a building containing one or two dwelling units that is surrounded entirely by yards or other separation from buildings on adjacent lots. Dwelling units in a two-family detached dwelling may be either on separate floors or attached by a carport, garage, or other similar connection, or attached solid wall without openings. "Dwelling unit" means a room or rooms connected together that constitute an independent housekeeping unit for a family and contains a single kitchen. Two or more essentially separate structures, except for a token connection, such as a covered walkway or a trellis, do not constitute a single dwelling unit. "Dwelling unit" does not include a unit used for time sharing or a transient vacation unit. "Enforcement officer" means an employee of the department or third-party entity contracted by the department pursuant to section 342F-E, who is authorized by the director to enforce this part and any rules adopted by the department pursuant to this part. "Excessive amplified noise" means any amplified sound that: (1) Is emitted at a sound level that is detectable at a distance of thirty feet or more from the sound amplifier; or (2) Is emitted continually at a sound level that exceeds eighty decibels (dBC) for a combined total of one minute or more in any five-minute period from a distance no farther than eight feet from the sound amplifier; measured in accordance with the method prescribed in section 342F-B(b). "Hotel" means a building or group of buildings containing lodging or dwelling units offering transient accommodations, a lobby, clerk's desk or counter with twenty-four-hour clerk service, and facilities for registration and keeping of records relating to hotel guests. "Hotel" includes accessory uses and services intended primarily for the convenience and benefit of the hotel's guests, including restaurants, shops, meeting rooms, and recreational and entertainment facilities. "Lodging unit" means a room or rooms connected together that constitute an independent living unit for a family and does not contain a kitchen. "Lodging unit" does not include a unit used for time sharing or a transient vacation unit. "Multi-family dwelling" means a building containing three or more dwelling or lodging units that is not a hotel. "Nighttime" means the time between the hours of 7:00 p.m. of one day and 6:00 a.m. of the following day. "Public safety agency" shall have the same meaning as defined in section 138-1. "Public sidewalk" means a publicly owned or maintained "sidewalk" as defined in section 291C-1. "Sound amplifier" means a device used for the reproduction or amplification of sound, including microphones, loudspeakers, phonograph players, compact disc players, tape decks, smartphones, tablets, laptop computers, and musical instruments. §342F-B Excessive amplified noise; mixed-use or residential areas; nighttime prohibition; sound level measurement method; violation; exemptions. (a) Notwithstanding any other law to the contrary and except as provided in subsection (d), beginning July 1, 2025, no person, including any public body, shall, without previous written approval by the director, engage in or cause or permit any other person to engage in any activity that produces during nighttime, excessive amplified noise on a public sidewalk within thirty feet of a hotel, single- or two-family detached dwelling, or a multi-family dwelling located within an area zoned mixed-use or residential. (b) For the purposes of establishing a violation of subsection (a), sound level measurement shall be taken by employing a sound level meter using the dBC weighting system. If the initial sound measurement taken does not establish a violation, an additional measurement may be taken upon the request of a complainant at the site where the complainant alleges to have heard excessive amplified noise. (c) A person shall be in violation of this section if the sound level measurement of the alleged excessive amplified noise taken in accordance with the method prescribed in subsection (b) is more than three decibels (dBC) louder than the ambient noise level. (d) The restriction in subsection (a) shall not apply to sound emitted by: (1) Any person to alert persons of an existence of a public or personal emergency; or (2) A public safety agency or an employee thereof in the provision of firefighting, law enforcement, ambulance, medical, or other emergency services. §342F-C Penalties. (a) Any person who violates this part or any rule adopted by the department pursuant to this part shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be punished as follows: (1) For a first conviction, by a mandatory fine of $100; (2) For a second conviction within one year of a previous conviction, by a mandatory fine of $250; and (3) For a third or subsequent conviction within one year of the first two or more convictions, by: (A) A mandatory fine of not less than $500 nor more than $1,000; (B) Imprisonment of not more than thirty days; (C) Forfeiture of the sound amplifier used to emit the excessive amplified noise, which shall be disposed of by the State; or (D) Any combination of the foregoing penalties. (b) For the purposes of this section, "one-year period" begins on the date the enforcement officer finds the person to be in violation of section 342F-B and ends on the same day and month of the following calendar year." PART II SECTION 3. (a) There is established within the department of health, a two-year pilot program to be known as the "Waikiki excessive amplified noise control pilot program", to implement the excessive amplified noise control regulation established in section 2 of this Act within the Waikiki special district. (b) For the purposes of enforcing and operating the pilot program, the department may: (1) Hire additional inspectors and purchase equipment, as necessary; or (2) Enter into a contract with a third party, including the Honolulu police department; provided that existing department personnel shall be assigned to fulfill administrative responsibilities of the pilot program, including the preparation and submittal of reports pursuant to subsection (c). (c) The department shall submit a report of its findings and recommendations pertaining to the noise control pilot program to the legislature no later than twenty days prior to the convening of the regular session of 2025. The report shall include: (1) An assessment of the effectiveness of the pilot program, including quarterly records of: (A) The number of complaints received by the program; (B) The number of violations found; (C) The amount of penalties assessed and collected; and (D) Any other information the department deems useful in assessing the pilot program's effectiveness; (2) A recommendation of whether the pilot program should be continued, modified, expanded to areas outside of the Waikiki special district, or terminated; and whether the statewide implementation of the excessive amplified noise control regulation on July 1, 2025, is feasible; and (3) Any proposed legislation. (d) As used in this section: "Pilot program" means the Waikiki excessive amplified noise control pilot program established pursuant to this section. "Waikiki special district" means the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishes the "Waikiki Special District". PART III SECTION 4. The department shall adopt rules in accordance with chapter 91 to carry out the purposes of this Act. SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to establish, implement, and enforce the Waikiki excessive amplified noise control pilot program. The sums appropriated shall be expended by the department of health for the purposes of this Act. SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 7. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________ |
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