Bill Text: HI SCR18 | 2011 | Regular Session | Introduced

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Bill Title: Barking Dogs; Noise Pollution

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-02-08 - (S) Referred to ENE, JDL. [SCR18 Detail]

Download: Hawaii-2011-SCR18-Introduced.html

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THE SENATE	S.C.R. NO.	18
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE adoption of administrative rules to clarify for purposes of the noise pollution law the number of pet dogs that may be kept.

 

 

     WHEREAS, barking dogs are known to disrupt the peace and tranquility of residential neighborhoods; and

 

     WHEREAS, the more dogs kept as pets by any one person, the more annoying is the combined barking noise of all the dogs; and

 

     WHEREAS, the Department of Health is charged with the responsibility to:

 

(1)  Adopt administrative rules to establish a state community noise code that recognizes differences in noise level standards in urban and non-urban areas of the State and noise level standards of each county (section 342F-30.5, Hawaii Revised Statutes); and

 

     (2)  Establish by administrative rule specific areas of control of excessive noise to allow for varying conditions (section 342F-31, Hawaii Revised Statutes); and

 

     WHEREAS, as an example, the City and County of Honolulu has adopted noise control regulations in section 7-2.4(c), Revised Ordinances of Honolulu, to provide for an animal nuisance violation, as follows:

 

"Noise is unreasonable within the meaning of this article if considering the nature and the circumstances surrounding the animal nuisance, including the nature of the location and the time of the day or night, it interferes with reasonable individual or group activities such as, but not limited to, communication, work, rest, recreation or sleep; or the failure to heed the admonition of a police officer or a special officer of the animal control contractor that the noise is unreasonable and should be stopped or reduced"; and

 

     WHEREAS, neither the Honolulu ordinances nor state law specify the number of pet dogs that is permissible as a threshold of noise level from barking; and

 

WHEREAS, the Department of Health has not adopted any rules concerning animal noise from barking dogs; and

 

     WHEREAS, any administrative rules should exempt hunters who keep dogs, the number of which is appropriate for hunting purposes; and

     WHEREAS, section 711-1109.6(1)(a), Hawaii Revised Statutes, makes it an offense of animal hoarding if a person knowingly, intentionally, or recklessly possesses more than fifteen dogs, cats, or a combination of dogs and cats; however, this section is a cruelty to animal law and does not address barking dogs as a nuisance; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the House of Representatives concurring, that the Director of Health is requested to adopt administrative rules as part of the state community noise code to clarify the number of pet dogs that is permissible for a person to keep for purposes of the noise pollution law; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Director of Health.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Barking Dogs; Noise Pollution