Hawaii County Council Dirt Tack Resolution

On November 14, 2006 the Council will hear a resolution to support a joint county/private development of a track for off highway vehicles (OHVs) in the Hamakua District. The idea is to offer a safe and environmentally friendly alternative to the current outlaw riding on private and public lands. In general we support such initiatives. However, careful consideration must be given to the effect on surrounding properties. Environmental aspects including noise, soil erosion, and the destruction of plant life and animal habitats must be factored into the location and site preparation. Track noise footprint is paramount. Noise measured at the boundary of adjacent receiving properties should not exceed the recognized rural standard of 49 dbA.

Vehicle safety and noise criteria, as well as operator safety rules, must be established. There is ample boilerplate for this work. Many states, including California, have had public tracks for some time and have developed vehicle and operator safety directives. The requirement to register OHVs will go along way toward insuring that these vehicles are safer and friendly to the environment.

There is a significant caveat to the creation of legal riding areas. There must be concomitant OHV legislation to deter those who choose not to use approved tracks but continue outlaw operation on public and private land. OHV use should be restricted to approved public and private areas. Approval for private tracks would require the same criteria as imposed upon the public facilities. Operation of an OHV in a non-approved areas should be subject to vehicle confiscation by local law enforcement. Without such changes in the County Code there is no incentive for those that terrorize rural neighborhoods with noise to switch to an approved track.

While public tracks are a step in the right direction the County must be careful that it doesn't unintentionally create a nightmare for the surrounding area.

Hawaii needs comprehensive anti-noise legislation

Noise pollution must be an integral part of a comprehensive environmental protection program. Local police must be given enforcement power to cite violators.

The rapid growth of recreational noise generating devices that adversely affect the quality of life indicates a need for quick action.

Examples include off road recreational vehicles, after market exhaust systems on street vehicles and mega amplified bass from vehicles and residences. Increasingly there is no escape from the onslaught of noise. Scenic spots where one might go to enjoy the natural environment are becoming rare. Even in one's own residence there is no escape.

States and municipalities are increasingly addressing noise pollution and it is time to do so in Hawaii. As a worldwide tourist destination it is important that Hawaii maintain the image of a tropical paradise. Visitors and residents alike should be able to enjoy a quality experience, free from the effects of noise.

Today we have a hodgepodge of rules and statutes that address noise as an adjunct to other activities such as land use laws, Health Department rules, animal nuisance ordinances, noise control in public places and vehicle codes. As written they assign enforcement to government entities that are ill equipped to do so.

It is time to contact your legislators and begin to confront this major quality of life issue.