HomeMy WebLinkAboutORD 1990-065 1988-1992COUNTY OF HAWAII .; STATE OF HAWAII
ORDINANCE NO.
90 65
Bill No.254 (Draft 3)
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 3, OF THE HAWAII COUNTY
CODE 1983, RELATING TO NOISE CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Legislative Findings and Puroose.
The County of Hawaii, having received an increasing number of
complaints from the citizens of the County concerning noise, and
having made certain observations on the subject, hereby finds that:
(a) Excessive noise, when unnecessary to the carrying on of
religious, political, civic, or commercial activities, or when not
generated in the course of other activity necessary to the
carrying on of daily life, creates a significant threat to the
public health, safety and welfare.
(b) Those noises which are most obnoxious to the public
health, safety, and welfare of the community are those which are
loud, boisterous, raucous, unseemly, or which are generated solely
for the purpose of entertainment of a person or group of persons
without regard to the health, welfare and safety of others who are
unable to avoid being subjected to such noises.
(c) There has been an alarming increase in the frequency and
volume of noise generated from car stereos and from the many
portable sound reproducing devices available today, such as
portable radios, tape recorders, and cassette players.
It is, therefore, the intent of this ordinance to protect the
rights of the public to enjoy a peaceful and healthful
environment, without substantially interfering with the rights of
the individual to obtain information and derive pleasure by
listening to radios and other devices.
SECTION 2. Chapter 14, article 3, of the Hawaii County Code
1983, relating to noise control, is amended to read as follows:
"Article 3. Noise Control.
Section 14-17. Definition.
(a) As used in this article, unless the context clearly
requires otherwise:
(1) [ 'Loud speaker or megaphone'] 'Machine or
device for reproducing sound' includes any magnifying sound
instrument [or device] used in the production or
[reproduction] replication of music, spoken words, or other
sounds, or any other sound [amplifying devices] amplification
designed to enlarge the volume of sound produced by any instrument
or by the human voice_ [, which instrument or device is used for
the purpose of advertising or calling attention to any article,
thing, or event, or for the purpose of addressing the public or
attracting the attention of the public; provided that these terms
shall not include the following:
(A) Amplifying devices within sight-seeing cars,
buses, motor coaches, or other similar vehicles, designed
primarily to address passengers within the vehicles, and the sound
therefrom primarily confined within the body of such vehicles.
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(B) Radios and phonographs within the body of any
vehicle designed for the person within the vehicle, and the sound
therefrom primarily confined within the body of the vehicle.
(C) Amplifying devices on authorized emergency
vehicles.
Section 14-18. Use of loud speaker or megaphone on moving
vehicles.
(a) No operator of a motor vehicle shall operate,
manipulate, or use a loud speaker or megaphone when the vehicle is
in motion.
(b) This section shall not apply to the driver of an
authorized emergency vehicle operating during an emergency, to a
police officer in the performance of his duty, or to the passenger
of a vehicle other than the driver. Emergency vehicles when
operating under the exception specified in this section, shall
drive with caution and care for the safety of others.
Section 14-19. Hours restricted; Sunday excepted.
(a) No person shall operate a loud speaker or megaphone from
a vehicle on a street or highway on Sundays, or between the hours
of 6:00 p.m. and 2:00 p.m. on any other day of the week.
(b) The chief of police or his authorized representative may
issue permits for the use of a loud speaker or megaphone from any
vehicle in a parade or motorcade conducted within the period from
6:00 p.m. to 2:00 p.m. In no event shall he issue a permit for
the use of a megaphone or loud speaker on Sundays.]
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Section 14- Use of sound reproducing devices in public
areas.
(a) It shall be a violation of law for any person or persons
to play, use, operate, or permit to be played, used, or operated
any radio, tape recorder, cassette player, or other machine or
device for reproducing sound, if:
(1) Such machine or device is located in or on:
(A) Any public property, including any public
street, highway, building, sidewalk, park, or thoroughfare; or
(B) Any motor vehicle on a public street, highway,
or public space; and
(2) The sound generated by such machine or device is
audible at a distance of 50 feet from the machine or device
producing the sound.
(b) Possession by a person or persons of any of the machines
or devices enumerated in subsection (a) shall be prima facie
evidence that that person, or those persons, operated the machine
or device at the time in question, in violation of this section.
Section 14- Enforcement.
(a) Powers of Arrest or Citation.
Any police officer shall be authorized to issue a citation
for any violation under this article. An arrest under the
provisions of this article may only be effected by a police
officer, and only in instances where:
-4-
(1) The alleged violator refuses to provide the officer
with such person's name and address and any proof thereof as may
be reasonably available to the alleged violator.
(2) when the alleged violator refuses to cease such
activity after being issued a citation.
(b) Citation.
(1) There shall be provided for use by authorized
police officers, a form of citation for use in citing violators of
this article which does not mandate physical arrest of such
violators. The form and content of such citation shall be as
adopted or prescribed by the administrative judge of the district
court and shall be printed on a form commensurate with the form of
other citations used in modern methods of arrest, so designed to
include all necessary information to make the same valid within
the laws and regulations of the State of Hawaii and the County of
Hawaii.
(2) In every case when a citation is issued, a copy of
the same shall be given to the violator.
(3) Every citation shall be consecutively numbered and
each carbon coov shall bear the name of its respective original.
Section 14- Permits.
(a) A permit for a temporary exemption from the provisions
of subsection (a) of this article may be issued by the chief of
police to commercial, religious, political, civic, charitable,
athletic and other organizations, or individuals, for activities
-5-
such as carnivals, parades, fund raisers, fairs, bazaars, public
speeches and meetings.
(b) The chief of police shall prescribe a form of
application for such a permit which shall be completed by the
applicant and which, when completed, shall state the date, time of
day, duration, and nature of the proposed activity, the reason for
the proposed activity, the name of the person who shall be in
charge of the proposed activity, and such other pertinent
information as the chief shall deem necessary.
(c) In determining whether to grant or deny an application
for a permit hereunder, the chief shall consider the information
provided in the application together with the impact of the
proposed noise on the health, safety and welfare of the residents
of and visitors to the surrounding area. If more information is
needed in order for the chief to make a determination on the
application the chief may request further information from the
applicant by means of a supplemental application.
(d) The applicant shall submit the completed form to the
chief not later than five days prior to the proposed activit
thereafter, the chief shall notify the applicant of the decision
to grant or deny the permit within three days of the submission of
the completed application and any required supplemental
application.
(e) The permit shall state the date, place, time, duration,
and nature of the proposed activity, shall be in the possession of
Z.
the person in charge of the activity, and shall be produced for
inspection upon the request of any law enforcement officer.
(f) The chief may issue a permit subiect to conditions which
shall be stated upon the permit including limitations upon the
sound level, duration, or time of day of the activity, or the
requirement that breaks be taken in the activity.
(g) The chief may adopt rules not inconsistent herewith for
the implementation of the permit system established in this
section Such rules may include provisions for the granting of a
permit when an application is received less than five days prior
to the proposed activity.
Section 14- Exemptions.
The following shall be exempt from the prohibitions set forth
in subsection (a) of this article:
(1) Activities of the County of Hawaii, State of
Hawaii or the United States; and
(2) Activities of private persons or entities acting
within the permitted uses of a permit issued by the County of
Hawaii State of Hawaii, or the United States.
. (3) Amplifying devices within sight-seeing cars buses
motor coaches or other similar vehicles, designed primarily to
address passengers within the vehicles.
(4) Amplifying devices on or within ambulances or
authorized emergency vehicles.
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Section 14— Penalty.
(a) Any person convicted of a violation of the Provisions of
this article shall be punished by a fine of:
(1)
up
to
$100
for
the
first
offense;
or
(2)
up
to
$500
for
the
second
offense,
if such offense
is committed within six months of the first offense; or
(3) up to $1,000, or forfeiture of the sound system or
components of the sound system up to $1,000 in value, or a
combination of a fine and forfeiture, up to a total of $1,000, for
conviction of the third or more offense, if such offense is
committed within one Year of the first offense;
(b) Any offense occurring after the first year of the first
offense and each successive Year thereafter, shall be subject to
the provisions of subsection (a) as though it were the first
instance of the offense."
SECTION 3. New material is underscored. In printing this
ordinance, the underscoring need not be included.
SECTION 4. If any provision of this ordinance or the
application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provision or application, and to this end, the provisions of this
ordinance are declared to be severable.
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SECTION 5. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
AA
COUNCIL M5MBER,
Hilo,
Hawaii
Date
of Introduction:
May
2,
1990,
Date
of 1st Reading:
May
2,
1990
Date
of 2nd Reading:
May
16,
1990
Effective
Date:
May
27,
1990
OF 27WII
h/
MEMBER, COU TY OF HAWAII
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
OFFICE OF THE COUNTY CLERK
County of Hawaii
H,10 i10 , Hawaii
Helene H. Hale & 14erle K. Lai
DIay 2, 1990
May 16, 1990
Mav 17, 1990
Mav 29, 1990
June 3, 1990 1
YAMASHIRO
(DRAFT 3)
ROLL CALL VOTE
AYES I NOES I ABS I EX
DOMINGO X
HALE
INOUYE
KOKUBUN
LAI X
MAKUAKANE X
RUDDLE X
Y.
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and
published as indicated above. --
APPROVED as to
FORM and LEGALITY
A-�1
RPORATiON' OUrtSEI
COUNTY OF HAWAII
Date MAY 2 3 1990
rovedl isapproved this Z 7 day
of %N ml , 19 �—
la,M/L' WIA
MAYOR, COUNTY OF HAWAII
G
r
COUNCIL CHAIRMA
Bill No.:
Reference:
Ord. No.:
254 (Draft 3)
FC -215
65
(DRAFT 3)
ROLL CALL VOTE
AYES NOES ABS EX
DOMINGO
X
HALE
X
INOUYE
X
KOKUBUN
X
LAI
X
MAKUAKANE X
RUDDLE
X
SCHUTTE
X
June 3, 1990 1
YAMASHIRO
(DRAFT 3)
ROLL CALL VOTE
AYES I NOES I ABS I EX
DOMINGO X
HALE
INOUYE
KOKUBUN
LAI X
MAKUAKANE X
RUDDLE X
Y.
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and
published as indicated above. --
APPROVED as to
FORM and LEGALITY
A-�1
RPORATiON' OUrtSEI
COUNTY OF HAWAII
Date MAY 2 3 1990
rovedl isapproved this Z 7 day
of %N ml , 19 �—
la,M/L' WIA
MAYOR, COUNTY OF HAWAII
G
r
COUNCIL CHAIRMA
Bill No.:
Reference:
Ord. No.:
254 (Draft 3)
FC -215
65