Bill Text: HI HB296 | 2021 | Regular Session | Amended
Bill Title: Relating To Leaf Blowers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-03-24 - Re-Referred to JDC. [HB296 Detail]
Download: Hawaii-2021-HB296-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
296 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LEAF BLOWERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that noise pollution is a steadily increasing problem, particularly in densely populated areas of Hawaii. In dense areas with high rises, noise is trapped between buildings and reverberates to a greater degree because of the density and height of the buildings. With the COVID-19 pandemic causing more people to work from home in these highly dense areas, additional outside noise can affect their ability to do their work. In special improvement districts, like Waikiki, many of the residents are also retirees who are more likely to have their hearing affected from loud noises.
The legislature further finds that leaf blowers contribute an excessive and unusual amount of noise, which is not only severely annoying and distracting, but also has the potential to cause permanent hearing damage. The continuous use of leaf blowers at a high decibel level can be deafening to people within earshot. This is especially problematic during the COVID-19 pandemic as more people are in their homes during the day when leaf blower activity usually occurs.
The purpose of this Act is to restrict the use of leaf blowers in the Waikiki special improvement district within a residential zone or near a residence to certain hours of a day, subject to certain exceptions.
SECTION 2. 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.
(b) In the Waikiki special improvement district, it
shall be unlawful for any person to operate a leaf blower within a residential zone
or within one hundred feet of a residence except between the hours of 9:00 a.m.
and 5:00 p.m. on any day except Sunday or a state or federal holiday, and between
the hours of 10:00 a.m. and 5:00 p.m. on Sunday or any state or federal holiday;
provided that commercial and hotel operators shall be permitted to operate a leaf
blower on their premises at least one hundred feet away from a residential zone
or residence 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 further that
any leaf blower used within the permitted times shall not emit more than eighty
decibels of noise.
[(b)] (c) 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)] (d) Government entities, and agents acting on
behalf of government entities, shall not be subject to this section.
[(d)] (e) 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)] (f)
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.
"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 January 1, 2050.
Report Title:
Leaf Blowers; Noise; Restrictions; Waikiki Special Improvement District
Description:
Restricts the use of leaf blowers in the Waikiki special improvement district within a residential zone or near a residence to between the hours of 9:00 a.m. and 5:00 p.m. on any day except Sunday or a state or federal holiday and between the hours of 10:00 a.m. and 5:00 p.m. on Sunday or any state or federal holiday. Allows commercial and hotel operators to operate leaf blowers on their premises at least one hundred feet away from a residential zone or residence 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. Provides that leaf blowers used in special improvement districts during the permitted hours shall not emit more than eighty decibels of noise. Effective 1/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
