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HomeMy WebLinkAboutREP PC 259 11/09/1987 1984-1988 41O OFFICE INFORMATION ONLY Meeting: Dec. 2, 1987 Action: Bill 439 referred back to PC. PC deferred, pending revision to broaden scope of coverage (12/7/87) Re: Bill 439 i ;7:6:113:17; * Mq • OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HIL'O,..HAWAII 96720 December ;2, 1987 Refer:.' Bill 439 Mayor 1 Re: Noise Control. following is the section of the Hawaii County Council. adopted at its meeting held ® ay Pprove and adopt Committee on ' Planning Report To.. 259 . COUNTY CLERK cc: ::Planning Dept. Pol`Ce Att. 111 REPORT OF THE COMMITTEE ON PLANNING DATE : November 9 , 1987 PLACE : Councilroom - TIME : 1: 30 p.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No . 439 , reports as follows: Bill No . 439 amends Chapter 14 , Article 3 , Section 14-17 of the Hawaii County Code 1983 , relating to Noise Control . The bill states that "The purpose of this ordinance is to alleviate the unusual and excessive noise incident to the normal operation of motorcycles , particularly, though not limited to, motorcycles designed for off-road racing and/or jumping." Section 14-17 is amended to include the following definition of a motorcycle: 'Motorcycle ' means any motor vehicle which has a seat or saddle for the use of the rider , is intended to travel with not more than three wheels in contact with the ground, and is designed or used principally for the purpose of off-road racing, practice racing, and/or jumping. This class of motor vehicles includes, but is not limited to, dirt bikes and motocross bikes ." Chapter 14 , Article 3 , is further amended by adding two new sections to read as follows: 1 . Section 14- . .Use of motorcycles restricted to certain areas : No person shall operate a motorcycle less than a distance of 2,500 feet from any building intended to be occupied by persons if the peak output of such vehicle exceeds 75 dBA at a distance of 50 feet . In any event, no motorcycle shall be operated less than a distance of 300 feet from any such building. 2. Section 14- . Penalty. A person who violates any provision of this article shall upon conviction be punished by a fine not to exceed $100 . Your Committee heard testimony from Wayne Blyth of the Big Island Motorcycle Association . He informed the Committee that his organization supports legislation that will help to control noise levels in the neighborhood . They do, however , object to having motorcycles singled out as the sole cause of the problem. PC REPORT No. 259 ADOPTED' � ; ;.��Y r f 1 r •L PC- 259 Page 2 November 9 , 1987 Your Committee also heard testimonies from several speakers supporting the intent of Bill 439 . Your Committee also heard from a speaker who requested the Council 's assistance in controlling excessive noise created by fighting cocks . Committee Chairman Domingo informed the speaker that his concerns regarding fighting cocks will be addressed in the noise control bill . Your Committee on Planning is in accord with the intent and purpose of Bill No. 439 and recommends that it pass first reading and be recommitted to the Planning Committee for further discussion. Note: Underscoringis used in this committee report onlyand will p not appear in the final draft of Bill 439 . 114 TAKASHI DO INGO, HA IRMAN 4iiii3b41. SPENCER K. SCHUTTE, VICE CHR. FRANK DE LUZ III, MEMBER 0001* ROBERT N. HERKES, MEMBER ORRA E R. I AKU-INOb' " , ME . :ER G 41/: //17 6d014/141 a SELL S. KOKUBUN, MEMBER E K. LAI, M LA/TN he REPORT OF THE Ilk COMMITTEE ON PLANNING DATE : November 9 , 1987 PLACE : Councilroom TIME : 1 : 30 p.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No . 439 , reports as follows: Bill No . 439 amends Chapter 14 , Article 3 , Section 14-17 of the Hawaii County Code 1983 , relating to Noise Control . The bill states that "The purpose of this ordinance is to alleviate the unusual and excessive noise incident to the normal operation of motorcycles , particularly, though not limited to, motorcycles designed for off-road racing and/or jumping . " Section 14-17 is amended to include the following definition of a motorcycle: 'Motorcycle ' means any motor vehicle which has a seat or saddle for the use of the rider , is intended to travel with not more than three wheels in contact with the ground, and is designed or used principally for the purpose of off-road racing, practice racing, and/or jumping . This class of motor vehicles includes, but is not limited to, dirt bikes and motocross bikes ." Chapter 14 , Article 3 , is further amended by adding two new sections to read as follows: 1 . Section 14- . Use of motorcycles restricted to certain areas : No person shall operate a motorcycle less than a distance of 2,500 feet from any building intended to be occu•ied b •ersons if the •eak output of such vehicle exceeds 75 dBA at a distance of 50 feet . In any event, no motorcycle shall be operated less than a distance of 300 feet from any such building 2. Section 14- . Penalty . A person who violates any provision of this article shall upon conviction be punished by a fine not to exceed S100 . Your Committee heard testimony from Wayne Blyth of the Big Island Motorcycle Association . He informed the Committee that his organization supports legislation that will help to control noise levels in the neighborhood . They do, however , object to having motorcycles singled out as the sole cause of the problem. PC REPORT No , 259 ADOPTED: DEC 2 1987 N x 3/ 410%, PC- 259 Page 2 November 9 , 1987 Your Committee also heard testimonies from several speakers supporting the intent of Bill 439 . Your Committee also heard from a speaker who requested the Council 's assistance in controlling excessive noise created by fighting cocks . Committee Chairman Domingo informed the speaker that his concerns regarding fighting cocks will be addressed in the noise control bill . Your Committee on Planning is in accord with the intent and purpose of Bill No. 439 and recommends that it pass first reading and be recommitted to the Planning Committee for further discussion. Note: Underscoring is used in this committee report only and will not appear in the final draft of Bill 439 . TAKASHI DO INGO, HAIRMAN ' 41441/4.11)41 SPENCER K. SCHUTTE, VICE CHR. FRANK DE LUZ III, MEMBER • iftw ROBERT N. HERKES, MEMBER ORRA E R. I HAKU-INOa " , ME :ER JSSELL S. KOKUBUN, MEMBER ME' E K. LAI, M 71-a. LA/TN