Honolulu Advertiser story on ATVs in Hawaii 8/28/06

ATVs stuggle to find niche amid concerns

This well written piece addresses the concerns of many in Hawaii about the effects of these vehicles on the environment. It points out that they cause erosion and run off and some riders have marked up ancient volcanic cinder cones. The piece did not touch on the noise pollution aspect. I emailed the writer the following:

Aloha Mike,

Mahalo for the article on ATVs in Hawaii. Their effects on the landscape and the environment are well outlined in your article.

However, there is another environmental concern: noise pollution. Here on the Big Island we are plagued by indiscriminate use of ATVs and dirt bikes on private property and the noise they produce. Some riders remove the mufflers completely or install loud aftermarket exhausts. The Hawaii County administration does not respond to legitimate, documented complaints.

Clearly the state needs to look at regulating these vehicles with regard to their compliance with safety and noise specifications and also must restrict locations where they may be used.

The issue is addressed on our web site and blog: http://www.noisefreehawaii.org/

Hawaii Dept. of Health Noise Control Excerpt

Comment:It seems unusual that Class C levels are higher than A or B when the ambient sound levels in the rural areas are very low, often below the threshold of measurement of 35 dbA. Class C also includes industrial areas. Perhaps the regulation was formulated to address the sugar plantations and their use of heavy agricultural equipment. The plantations are long gone and a revision to these regulations is required.

Excerpt:
§11-46-3 Classification of zoning districts. This section shall describe the zoning districts as specified in Table I, maximum permissible sound levels in dBA, found in section 11-46-4, and as provided in section 11-46-4:

(1) Class A zoning districts include all areas equivalent to lands zoned residential, conservation, preservation, public space, Open space, or similar type.

(2) Class B zoning districts include all areas equivalent to lands zoned for multi-family dwellings, apartment, business, commercial, hotel, resort, or similar type.

(3) Class C zoning districts include all areas equivalent to lands zoned agriculture, country, industrial, or similar type.
 
§11-46-4 Maximum permissible sound levels in dBA
(a) The maximum permissible sound levels specified in Table I, as provided in this subsection and in section 11-46-3, shall apply to the following excessive noise sources: stationary noise sources; and equipment related to agricultural, construction, and industrial activities.
Table I. Maximum permissible sounds levels in dBA.
Zoning Districts
Daytime
Nighttime
Class A
55
45
Class B
60
50
Class C
70
70

(b) The maximum permissible sound levels in Table I, as provided in subsection (a), shall apply to any excessive noise source emanating within the specified zoning district, and at any point at or beyond (past) the property line of the premises in a manner deemed appropriate by the director.

(c) Noise levels shall not exceed the maximum permissible sound levels for more than ten per cent of the time within any twenty minute period, except by permit or variance' issued under sections 11-46-7 and 11-46-8.

(d) For mixed zoning districts, the primary land use designation shall be used to determine the applicable zoning district class and the maximum permissible sound level.

(e) The maximum permissible sound level for impulsive noise shall be ten dBA above the maximum permissible sound levels specified in Table 1 of subsection (a). "Fast" meter response shall be used to measure these types of noise.

Hawaii is beginning to wake up to the music (noise).

Today's morning newspaper had an article on the resurgence of an anti-noise group in Hawaii. Made my day!

Read it here:

http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20060821/NEWS11/608210326/1001/

Big Island Police refuse to address noise complaints.

Police on the Big Island will not investigate a noise complaint on private property. Example: A police dispatcher on August 2, 2006 began to lecture a complainant and said "it's not that we don't want to investigate; we can only do what the county council tells us to do."

It is ironic that a dog barking continuously for twenty minutes can get a response, but ATVs and dirt bikes making more noise than all the hounds of hades and going on for three to six hours results in no action.

Hawaii-Paradise Lost Due to Noise?

Those who envision a trip to beautiful Hawaii can imagine the soft cooling trade winds, the lush green foliage, the cobalt blue ocean and the the intense colors of the flowers. Lush mountains rise in the distance below clear blue skies.

It's easy to sit back, close your eyes and see these wonders. But what if, at the same time, you heard the loud, booming staccato rasp of ATVs or the high pitched brrraaaap of dirt motorcycles? Then the entire experience would be lost.

Add the penetrating bass of boom cars and boom residences and you have an environment that few would want to spend money to experience.

Hawaii has not adequately addressed the increasing noise pollution and its effect on the vital tourism industry.

It may be time to start.

ATV/dirt bike noise emanating from private property.

ATV/dirt bike noise from vehicles on private property is no less destructive than if coming from public lands. Enforcement of noise laws is weak due to reluctance of police to enter private property to investigate a complaint.

National and local environmental groups have had little focus on noise pollution even though it is the fastest growing segment of pollutants. Their emphasis is on pollution on public lands or from industrial activity. Pollution from recreational activity has not received the attention it deserves.

Hawaii State Noise laws are administered by the Department of Health. Outer island enforcement is essentially zero. Vehicular noise on public streets does get some attention.

State land use laws which indirectly address noise pollution, are administered by the Hawaii County Planning Department. These folks just wish the complaints would go away and are not motivated to enforce. In fact, the County Planning Department does not respond to letters or voicemail messages. In spite of eleven months of more or less steady correspondence with state and county agencies, the Planning Department has done nothing.