Bill Text: HI SB2124 | 2022 | Regular Session | Amended
Bill Title: Relating To Noise Control.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2022-04-04 - The committee(s) on JHA recommend(s) that the measure be deferred. [SB2124 Detail]
Download: Hawaii-2022-SB2124-Amended.html
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THE SENATE |
S.B. NO. |
2124 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO NOISE CONTROL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 281, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:
"§281- Revocation, suspension, or denial of license. Notwithstanding any law to the contrary, the commission may revoke or suspend a license, deny the application, renewal, or transfer of a license, or withhold issuance of a license, if the licensee or applicant, as applicable, fails to take corrective action that, to the commission's satisfaction and approval, addresses:
(1) Complaints from
the public;
(2) Reports from the
commission's investigators;
(3) Summons or citations
issued pursuant to section 342F‑ ; or
(4) Adjudications of
the commission or the liquor control adjudication board,
indicating that noise emitting from an
establishment, adjacent outdoor areas under the control of the establishment,
including parking lots or lanais, or patrons entering or departing from the
establishment disturbs residents on the street or of the neighborhood in which
the establishment is located, and the noise exceeds the applicable maximum permissible
sound levels set forth in the county's noise codes or commission rules, or intrudes
into nearby residential units, or the establishment is in violation of section 342F- ."
SECTION 2. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§342F-
Noise violations; maximum permissible
sound level; enforcement; penalty. (a) Notwithstanding
any law to the contrary, noise emitting from an establishment; adjacent outdoor
areas under the control of the establishment, including parking lots or lanais;
or patrons entering or departing from the establishment shall not exceed the following
sound levels:
(1) In areas zoned as conservation,
preservation, residential, open, or open space, or designated a similar type of
zoning, the maximum sound level shall be:
(A) Fifty-five
decibels (dBC) during the hours of 7:00 a.m. to 10:00 p.m.; and
(B) Forty-five
decibels (dBC) during the hours of 10:00 p.m. to 7:00 a.m.;
(2) In areas zoned as apartment,
business, commercial, hotel, or resort, or designated a similar type of zoning, the
maximum sound level shall be:
(A) Sixty decibels (dBC) during the hours of 7:00 a.m.
to 10:00 p.m.; and
(B) Fifty
decibels (dBC) during the hours of 10:00 p.m. to 7:00 a.m.; and
(3) In areas zoned agriculture,
country, or industrial, or
designated a similar
type of zoning, the maximum sound level shall be seventy decibels (dBC) during all
hours of the day.
The maximum permissible sound
level for areas that have not been designated a county zoning district shall be
the lowest maximum permissible sound level applicable to comparable state land
use districts; provided that the maximum permissible sound level for unzoned land
within the state urban land use district shall be the sound levels set forth in
paragraph (2). In areas with more than one
county zoning designation, the lowest applicable maximum permissible sound
levels shall apply.
(b) For the purposes of this section, sound level measurement
shall be taken within three meters of the perimeter of the exterior of the
establishment employing a sound level meter using the dBC weighting system. If the initial sound measurement taken in
response to a complaint does not establish a violation, upon the complainant's
request, an additional measurement may be taken at the complainant's site where
the complainant alleges to have heard noise levels that exceed the maximum permissible
sound levels established by this section.
(c) An establishment shall
be in violation of this section if the sound level measured pursuant to subsection
(b) is more than three decibels (dBC) louder than the ambient noise level for:
(1) Any two-minute
segment within a measurement taken for a duration of at least ten minutes; or
(2) Any time
segment, within a measurement taken for more than ten minutes, that is at least
twenty per cent as long as the total duration of the measurement.
(d) Violations of this section or rules adopted pursuant
to this section shall be enforced by summons or citation issued by a law enforcement officer, who shall employ a sound level
meter using the dBC weighting system to investigate noise levels. The summons or citation shall:
(1) Be
printed in the form described in this subsection, warning the purported violator
to appear and answer to the charge against the person at a certain place and at
a time within seven days after the issuance of the summons or citation;
(2) Be designed
to provide for all necessary information; provided that the form and content of
the summons or citation shall be adopted or prescribed by the district
environmental courts;
(3) Be given
to the purported violator and the other copy or copies distributed in the
manner prescribed by the district environmental courts; provided that the
district environmental courts may prescribe alternative methods of distribution
of the original and any other copies; and
(4) Be
consecutively numbered and the carbon copy or copies of each shall bear the
same number.
In the event any person fails to comply with a
summons or citation issued to the person, the law enforcement officer who issued
the summons or citation shall cause a complaint to be entered against the
person and secure the issuance of a warrant for the person's arrest. Failure to comply with a summons or citation
is a misdemeanor.
(e) 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.
"Establishment" means a
single physical location where the selling of liquor occurs and for which a
license has been or is proposed to be issued, renewed, or transferred pursuant to
chapter 281."
SECTION 3. Section 281-61, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Other than for good cause, the renewal of an existing license shall be granted upon the filing of an application; provided that if:
(1) Complaints from the public;
(2) Reports from the
commission's investigators; [or]
(3) Summons or citations
issued pursuant to section 342F‑ ; or
(4) Adjudications of the commission or the liquor control adjudication board,
indicate that noise [created by] emitting
from the premises, adjacent outdoor areas under the control of the licensee, including
parking lots or lanais, or patrons entering or departing from the
premises disturbs residents on the street or of the neighborhood in which the premises
are located, [or that] and the noise [from the premises or
adjacent related outdoor areas such as parking lots or lanais exceed standards
contained in state or] exceeds the applicable maximum permissible sound levels
set forth in the county noise codes or commission rules, or intrudes
into nearby residential units, or the licensee is in violation of section 342F- ,
the commission may deny the renewal application or withhold the issuance of a
renewed license until corrective measures meeting the commission's approval are
taken."
SECTION 4. Section 342F-31.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§342F-31.5[]] Noise
measurement; rules. (a) The department shall adopt rules in
accordance with chapter 91 that shall use both the dBC and the dBA sound level
measurement systems for community noise control. The department [and the],
county liquor commissions, and law enforcement officers, pursuant to section
342F- , may enforce nighttime noise levels in any urban
land use district measured from over fifty to sixty decibels, measured using
the dBC weighting system, in certain areas they deem appropriate and not
adversely affecting public health and safety.
(b)
In any urban land use district, a sound level of more than [sixty]
fifty decibels for bass sound (using the dBC weighting system), measured
at a complainant's site, shall be deemed to exceed the maximum permissible
sound at nighttime[; provided that, where the complainant's site is within
or in close proximity to an area zoned mixed-use or residential, the maximum
permissible sound at nighttime shall be fifty decibels dBC].
(c) For purposes of this section:
"Nighttime" means the time between the hours of 10:00 p.m. and 7:00 a.m.; and
"Urban land use district"
means property designated as such pursuant to section 205-2."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2060.
Report Title:
Noise Control; Department of Health; County Liquor Commissions; County Liquor Control Adjudication Boards; Maximum Permissible Sound Level; Enforcement; Law Enforcement Officers; Liquor License
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
