Bill Text: HI HB1909 | 2018 | Regular Session | Amended
Bill Title: Relating To Nuisances.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2018-02-08 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan, Tupola excused (2). [HB1909 Detail]
Download: Hawaii-2018-HB1909-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1909 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to nuisances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the continual feeding of feral birds and pigeons leads to excessive filth and odors from their droppings that often result in a health and sanitation concern. Feral bird droppings may transmit fungal and bacterial infections, such as histoplasmosis, cryptococcosis, and psittacosis, especially to persons with lowered immune systems. The filth from feral birds and pigeons interferes with the use and enjoyment of private and public outdoor facilities, creates undesirable conditions, damages and depreciates property, makes walkways unsafe and unsanitary, and potentially represents a public health hazard due to parasites or disease that may be associated with the accumulation of feral bird and pigeon filth, which should necessitate immediate redress by the department of health to rectify such conditions.
The purpose of this Act is to require the department of health to examine all feral bird and pigeon nuisance complaints, and to provide the department of health with the authority to order a property owner to remove any accumulation of excrement, nesting materials, carcasses, and other odiferous and nuisance detritus caused by excessive numbers of feral birds or pigeons.
SECTION 2. Section 322-1, Hawaii Revised Statutes, is amended to read as follows:
"§322-1 Removal, prevention. The department of health and its agents shall examine into all nuisances, foul or noxious odors, gases or vapors, water in which mosquito larvae exist, sources of filth, and all causes of sickness or disease, on shore, and in any vessel, which may be known to them or brought to their attention, which in their opinion are dangerous or injurious to health, and into any and all conditions created or existing which cause or tend to cause sickness or disease or to be dangerous or injurious to health, and all feral bird or pigeon nuisance complaints, and shall cause the same to be abated, destroyed, removed, or prevented.
For
purposes of this part, a nuisance shall include[:
(1) Toxic] toxic
materials that are used in or by-products of the manufacture or conversion of
methamphetamine, and clandestine drug labs that manufacture methamphetamine[;
and
(2) Odors and filth
resulting from a person feeding feral birds].
For purposes of this part, "feral
bird or pigeon nuisance" means the accumulation of feral bird or pigeon
droppings or other related odors and filth, including the accumulation of
excrement, nesting materials, feral bird or pigeon carcasses, and other related
detritus."
SECTION 3. Section 322-2, Hawaii Revised Statutes, is amended to read as follows:
"§322-2 Ordering owner to remove. Whenever any such nuisance, foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, feral bird or pigeon nuisance, or cause of sickness or disease is found on private property, the department of health shall cause notice to be given to the owner to remove, clean, and abate the same at the owner's own expense within such reasonable time as the department may deem proper. A duplicate of the notice so given shall be left with one or more of the tenants or occupants of the premises. If the premises are unoccupied, notice shall be mailed to the last known place of residence of the owner if residing in the State. If the owner resides out of the State or cannot be reached with notice speedily, notice left at the house or posted on the premises shall be sufficient. If the owner thus notified does not comply with the notification or order of the department, or its agent, within the time specified, the department or its agent may apply to the district court of the circuit in which the property is situated for an order authorizing the department to execute and carry out the notice or for an order to abate the nuisance and remove, destroy, or prevent the cause of the foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, feral bird or pigeon nuisance, including cleaning the filth resulting from the nuisance, or cause of sickness or disease, or other thing detrimental to public health.
The
department may recover by appropriate proceedings the expenses incurred by it
in the abatement, removal, destruction, [or] prevention, or cleaning,
from any person who has caused or allowed the nuisances, source of foul or
noxious odors, gases or vapors, water in which mosquito larvae breed, source of
filth, feral bird or pigeon nuisance, or cause of sickness or disease,
or other thing detrimental to the public health, and from any owner, tenant, or
occupant of the premises, who, after notice, has failed to abate, remove,
destroy, [or] prevent, or clean the nuisance, source of foul or
noxious odors, gases or vapors, water in which mosquito larvae exist, source of
filth, feral bird or pigeon nuisance, or cause of sickness or disease,
or other thing detrimental to the public health within the time specified in
the notice. In no case shall the
department or any officer or agent thereof be liable for costs in any action or
proceeding that may be commenced in pursuance of this part."
SECTION 4. Section 322-3, Hawaii Revised Statutes, is amended to read as follows:
"§322-3 Nuisance on public property. Whenever any nuisance, foul or noxious odors,
gases or vapors, water in which mosquito larvae exist, source of filth, feral
bird or pigeon nuisance, or cause of sickness or disease is found on public
property or on a public highway, street, lane, alley, or other public place,
notice shall be given by the department of health, or its agent, to the person
officially in charge thereof, and the person shall be notified to abate,
destroy, remove, [or] prevent, or clean the same. In case of failure to comply with the notice,
the mode of procedure shall be the same as [hereinbefore] provided [in
case of private persons] in section 322-2."
SECTION 5. Section 322-4, Hawaii Revised Statutes, is amended to read as follows:
"§322-4 Entering lands, buildings, etc. Whenever any member of the department of
health deems it necessary for the preservation of the lives or health of the
public to enter any land, building, vessel, or aircraft for the purpose of
examining into, abating, destroying, removing, [or] preventing, or
cleaning any nuisance, source of foul or noxious odors, gases or vapors,
water in which mosquito larvae exist, source of filth, feral bird or pigeon
nuisance, or cause of sickness or disease, or other thing detrimental to
the public health, and is refused [such] entry, the member may make
complaint to the district judge in whose circuit the nuisance, source, place,
or cause is, and the district judge may thereupon issue a warrant, directed to
any police officer of the circuit, commanding the police officer to take
sufficient aid, and, being accompanied by the member of the department, between
the hours of sunrise and sunset, to repair to the place described in the
complaint, and to abate, destroy, remove, [or] prevent, or clean,
under the directions of the member, the nuisance, source or cause."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000.
Report Title:
Feral Bird or Pigeon Nuisance; Filth; Cleaning of Nuisance; Department of Health
Description:
Requires the Department of Health to examine all feral bird and pigeon nuisance complaints. Requires the Department to order or carry out actions to abate, destroy, remove, or prevent the nuisance and clean the filth resulting from a feral bird or pigeon nuisance. (HB1909 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
