| 47 | | - | SECTION 1. The legislature finds that dozens of cities and towns in the United States and the District of Columbia and State of California have banned gasoline-powered leaf blowers due to their harmful impacts on health and the environment. The legislature also finds that noise can be a pollutant that affects the public health. Noise causes hearing loss; interferes with human activities at home, work, and in schools; and is injurious to people's health and well-being in various ways. Noise annoys, awakens, angers, and frustrates people. The numerous effects of noise combine to detract from the quality of life for people and the environment. The sound emissions from gasoline-powered leaf blowers are a public nuisance and a great concern for the State's public health and welfare. Gasoline-powered leaf blowers operate at approximately ninety decibels, which can cause hearing damage after two hours of exposure. According to the United States Centers for Disease Control and Prevention, noise intensity is a particularly troubling issue for landscaping workers. The legislature further finds that there are viable, quieter alternatives to gasoline-powered leaf blowers such as battery-powered leaf blowers. Accordingly, the purpose of this Act is to ban the use of gasoline-powered leaf blowers in any urban land use district. SECTION 2. Section 342F-30.8, Hawaii Revised Statutes, is amended to read as follows: "[[]§342F-30.8[]] Leaf blowers; restrictions[.] on non-gasoline-powered leaf blowers; prohibition of gasoline-powered leaf blowers. (a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a non-gasoline-powered 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) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a gasoline-powered leaf blower at any time. [(b)] (c) Violators shall be fined [$50] $100 for the first violation, [$100] $250 for the second violation, [$200 for the third violation,] and $500 for each subsequent violation[.]; provided that upon the third violation of subsection (b), the gasoline-powered leaf blower used to commit that violation shall be subject to forfeiture. [(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: "Gasoline-powered leaf blower" means any leaf blower that is powered by a two-stroke internal combustion engine that is rated for noise emissions of greater than sixty-five decibels at a distance of fifty feet. "Leaf blower" means any machine used to blow leaves, dirt, or other debris off sidewalks, driveways, lawns, and other surfaces. "State holiday" means any day established as a state holiday in section 8-1." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on June 30, 3000. |
|---|
| 47 | + | SECTION 1. The legislature finds that dozens of cities and towns in the United States, the District of Columbia, and the State of California have banned gasoline-powered leaf blowers due to their harmful impacts on health and the environment. The legislature finds that noise can be a pollutant that affects the public health. Noise causes hearing loss, interferes with human activities at home, work, in schools, and is injurious to peoples health and well-being in various ways. Noise annoys, awakens, angers, and frustrates people. The numerous effects of noise combine to detract from the quality of people's lives and the environment. The sound emissions from gasoline-powered leaf blowers are a public nuisance and a great concern for the State's public health and welfare. Gasoline-powered leaf blowers operate at approximately ninety decibels, which can cause hearing damage after two hours of exposure. According to the United States Centers for Disease Control and Prevention, the noise intensity is a particularly troubling issue for landscaping workers. The legislature further finds that there are viable, quieter alternatives to gasoline-powered leaf blowers such as battery-powered leaf blowers. Accordingly, the purpose of this Act is to ban the use of gasoline-powered leaf blowers in any urban land use district. SECTION 2. Section 342F-30.8, Hawaii Revised Statutes, is amended to read as follows: "[[]§342F-30.8[]] Leaf blowers; restrictions[.]; and prohibition of gasoline-powered leaf blowers. (a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a non-gasoline-powered 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) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a gasoline-powered leaf blower at any time. [(b)] (c) Violators shall be fined [$50] $100 for the first violation, [$100] $250 for the second violation, [$200 for the third violation,] and $500 for each subsequent violation[.]; provided that any person who commits a third violation of subsection (b) shall also be subject to forfeiture of the gasoline-powered leaf blower. [(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: "Gasoline-powered leaf blower" means any leaf blower that is powered by a two-stroke internal combustion engine. "Leaf blower" means any machine used to blow leaves, dirt, or other debris off sidewalks, driveways, lawns, and other surfaces. "State holiday" means any day established as a state holiday in section 8-1." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2050. |
|---|