HB3246 HD1

SECTION 1. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291- Noise abatement area for motor vehicles and mopeds; penalties. (a) It shall be a violation for any person to:

(1) Operate or cause to operate a motor vehicle or moped that emits any noise or sound exceeding ninety-five decibels, within five hundred feet from the nearest point of any building;

(2) Drive or operate a motor vehicle or moped in a manner to make or create any noise exceeding ninety-five decibels;

(3) Operate or cause to operate a motor vehicle or moped:

(A) Without an affixed label matching the muffler to the vehicle type, pursuant to 40 Code of Federal Regulations Section 205.158; or

(B) Where the muffler does not match the vehicle type;

(4) Operate or cause to operate a motor vehicle or moped with an exhaust system that has been modified to make more noise or sound than the vehicle made when manufactured.

(b) Any person violating any provision of this section shall be:

(1) Fined not more than $100 for the first violation;

(2) Fined not more than $200 for the second violation; and

(3) Fined not more than $500 or imprisoned not more than thirty days or both for a third or subsequent violation.

(c) If a law enforcement officer has probable cause to believe that any motor vehicle or moped is in violation of this section, the law enforcement officer may seize and impound the vehicle for no longer than fourteen days. The owner of a vehicle subject to impoundment shall be liable for all fees and costs associated with the impoundment. The citation shall require the owner of the vehicle to bring the vehicle into compliance with subsection (a) before operating the vehicle on public streets and highways.

(d) For purposes of this section:

"Building" means any structure used for the lodging of persons therein; each unit of a building consisting of two or more units separately secured or occupied is a separate building.

"Moped" means the same as defined in section 291C-1.

"Motor vehicle" means the same as defined in section 291C-1."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for grants-in-aid to the several counties for the development and implementation of a program to store motor vehicles and mopeds impounded pursuant to this Act. The specific amounts appropriated for each county shall be as follows:

(1) City and County of Honolulu $

(2) County of Hawaii $

(3) County of Kauai $

(4) County of Maui $

SECTION 3. The sum appropriated shall be expended by the counties for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	3246
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII