Bill Text: HI HB95 | 2012 | Regular Session | Introduced
Bill Title: Noise Pollution; Leaf Blowers; Ban
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB95 Detail]
Download: Hawaii-2012-HB95-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
95 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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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 the State. Leaf blowers contribute an excessive and unusual amount of noise, often producing sound in excess of ninety decibels. Not only is the sound extremely annoying and distracting, but it also has the potential to cause permanent hearing damage. The sustained operation of leaf blowers at this decibel level can literally be deafening to people within earshot. In addition, leaf blowers tend to blow dirt, dust, and other particulate matter into the air, reducing the surrounding air quality and aggravating the conditions of people who suffer from allergies and asthma.
The purpose of this Act is to promote public health by banning the use of leaf blowers within the State.
SECTION 2. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342F- Leaf blowers; ban. (a) It shall be unlawful for any person within the State, including an employee of the State or any county, to use or cause to be used a leaf blower.
(b) Notwithstanding any law to the contrary, any person who violates this section shall be guilty of a misdemeanor.
(c) A leaf blower shall include but not be limited to any portable machine powered with a gasoline engine or electric motor that is used to blow leaves, dirt, and other debris off sidewalks, driveways, lawns, and other surfaces."
SECTION 3. Section 342F-30.8, Hawaii Revised Statutes, is repealed.
["[§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)
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)
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:
"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 4. Section 342H-36.5, Hawaii Revised Statutes, is repealed.
["[§342H-36.5] Leaf blower debris. (a) It shall be unlawful
for any person to use or operate a leaf blower in such a manner as to blow, dispel, or
make airborne dust, leaves, grass cuttings, paper, trash, or any other type of
unattached debris or material, beyond the boundaries of the parcel of property
being cleaned, unless the consent of the adjoining owner or person in
possession of the adjoining property is obtained.
(b) It shall be unlawful for any person to use or operate
a leaf blower in such a way as to blow leaves, dirt, and other debris onto the
public rights-of-way or onto private property not owned, leased, or controlled
by the leaf blower operator or the employer or contractor of the leaf blower
operator and to allow the debris to remain there in excess of thirty minutes.
(c) For purposes of this section:
"Leaf
blower" shall have the same meaning as defined in section 342F-30.8.
"Parcel"
means a legal lot of record. Contiguous parcels owned by the same individual
or entity shall be considered one parcel for purposes of this section."]
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2012.
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INTRODUCED BY: |
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Report Title:
Noise Pollution; Leaf Blowers; Ban
Description:
Bans the complete operation of leaf blowers in Hawaii.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
