PART I.  ABATEMENT OF NUISANCES

     §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 shall cause the same to be abated, destroyed, removed, or prevented.

     For purposes of this part, a nuisance shall include:

     (1)  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. [PC 1869, c 59, §9; am L 1911, c 111, §1; am L 1915, c 96, §1; RL 1925, §923; RL 1935, §1310; RL 1945, §2701; RL 1955, §47-1; am L Sp 1959 2d, c 1, §19; HRS §322-1; am L 2004, c 44, §23; am L 2013, c 269, §1]

Case Notes

  Dumping of garbage at sea.  283 U.S. 473 (1931).

  Does not authorize board to destroy what is not a nuisance or to declare that to be which is not in fact a nuisance.  14 H. 533, 537 (1902).

  Courts will review board's actions when taken without notice to owner.  22 H. 327, 345 (1914).

  Cited:  19 H. 628 (1909).