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<br /> <br /> <br /> Stacy K. Higa, Chair <br /> Hawaii County Council <br /> November 27, 2006 <br /> Page 6 <br /> <br /> <br /> [(2) Barks-, whines, hew4, erows, eries, or make5 any i9ther unreasonable naise as <br /> <br /> [q)]QNotwithstanding the provisions of section 142-75, Hawai `i Revised Statutes, or <br /> any other applicable law, bites, or stings a person. <br /> <br /> <br /> <br /> <br /> 4.b. Sec. 4-4. Moved definition of "Unreasonable noise" from sec. 4-6(b), "Exceptions" to <br /> definitions section. Incorporated "Barks, whines, howls, crows, cries..." from paragraph <br /> (2) into this definition and added "unreasonably" before "interferes with reasonable <br /> individual or group activities...." <br /> This definition now reads: <br /> "Unreasonable noise" means noise, including barking, whining, howling, crowing, or <br /> crying, that considering the nature and the circumstances surrounding the noise, <br /> including the nature of the location and the time of the day or night, unreasonably <br /> interferes with reasonable individual or group activities such as, but not limited to, <br /> communication, work, rest, recreation, or sleep. " <br /> <br /> 4.c. Sec. 4-5. Add term "unreasonable" before "noise, biting, or stinging...." <br /> <br /> Comment regarding changes 4.a., 4.b., and 4.0; <br /> Six persons submitted written testimony expressing concern that the prohibition <br /> against continuous animal noise for twenty minutes would unreasonably punish <br /> residents on agricultural land. As their testimony indicated, animal noise is a <br /> usual and foreseeable part of life in agricultural areas. <br /> <br /> To address these concerns, the provision was amended to prohibit "unreasonable" <br /> noise for twenty minutes. The term "unreasonable noise" was: <br /> a) Taken from the sec. 4-6 "Exceptions;" <br /> b) Amended to incorporate barking, whining, howling, crowing, etc.; <br /> c) Amended to prohibit noise that "considering the nature and the circumstances <br /> surrounding the noise, including the nature of the location and the time of the <br /> day or night, unreasonably interferes with reasonable individual or group <br /> activities..."; and <br /> d) Moved into the definitions section. (Sec. 4-4) <br /> <br /> This change thus removes the straight prohibition against animal noise for twenty <br /> minutes and replaces it with a prohibition against "unreasonable noise" for twenty <br /> minutes. This change allows enforcement officials to consider noise complaints <br /> on a case-by-case basis that allows consideration of all factors, including the <br /> location on agricultural zoned land. This "case-by-case" approach to complaints <br /> <br /> <br /> <br /> <br /> 6 <br />