Bill Text: HI SB466 | 2010 | Regular Session | Amended
Bill Title: Leaf Blowers; Noise Pollution; Debris; Violations
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2010-07-07 - (S) Became law without the Governor's signature, Act 206, 7/6/2010, (Gov. Msg. No. 698). [SB466 Detail]
Download: Hawaii-2010-SB466-Amended.html
Report Title:
Leaf Blowers; Noise Pollution; Emissions; Violations
Description:
Prohibits the use of leaf blowers on certain days and during certain hours; restricts the use of leaf blowers for certain durations of time and near operable doors, windows, and air ducts of buildings. Effective 7/1/2050. (SD2)
|
THE SENATE |
S.B. NO. |
466 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO POLLUTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342F- Leaf blower; restrictions. (a) It shall be unlawful for any person to operate a leaf blower within a residential zone or within one hundred feet of a residential zone in the State, except between the hours of 8:00 A.M. and 8:00 P.M. on any day except Sunday or a federal holiday, and between the hours of 9:00 A.M. and 6:00 P.M. on Sunday or a federal holiday; provided that:
(1) No leaf blower shall be operated within a horizontal distance of ten feet of any operable window, door, or mechanical air intake opening or duct of a building;
(2) Leaf blowers shall not be operated for more than thirty minutes per day on parcels of less than one-half acre, or for more than one hour per day on parcels of one-half acre or more but less than one acre; or for more than two hours per day on parcels of one acre or more;
(3) No more than one leaf blower may be operated simultaneously per half acre per parcel; and
(4) The maximum decibel level of 70 dba shall not be exceeded.
(b) Violators shall be fined $50 for the first violation, $100 for the second violation, $200 for the third violation, and $500 for each subsequent violation.
For the purposes of this section:
"Leaf blower" means any machine, however powered, used to blow leaves, dirt, or other debris off sidewalks, driveways, lawns, and other surfaces.
"Parcel" means an area of real property with a separate or distinct number or other designation shown on a plat recorded in the bureau of conveyances for the State. Contiguous parcels owned by the same individual or entity shall be considered one parcel for purposes of this section."
SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342H- Leaf blower debris. (a) It shall be unlawful for any person to use or operate a leaf blower in such a manner as to blow, dispel, or make airborne, dust, leaves, grass cuttings, paper, trash, or any other type of unattached debris or material, beyond the boundaries of the parcel of property being cleaned, unless the consent of the adjoining owner or person in possession of the adjoining property is obtained.
(b) It shall be unlawful for any person to use or operate a leaf blower in such a way as to blow leaves, dirt, and other debris onto the public rights-of-way or onto private property not owned, leased, or controlled by the leaf blower operator or the employer or contractor of the leaf blower operator and to allow the debris to remain there in excess of thirty minutes."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
