Noise Free Hawaii

2008-07-14T07:31:00.001-10:00

Article published in the Milford Journal, NH Jul 12, 2008
Noise isn't a right

There are some people who believe that because Milford police are cracking
down on loud vehicle exhausts, we are losing a basic right. To do what?
Annoy others?

There is no inherent right to make noise, there is no inherent right to
disturb people.

A reader asked if one day there might be a prohibition on loud music. There
already is. It's called "disturbing the peace."

Look, it's really very simple: You want to listen to music in your car or in
your home? Fine. Play it so you can hear it but others can't. How does that
deprive you of any right?

And as for lawn mowers, weed whackers and leaf blowers? No one is suggesting
that such things should be banned. Work is good; being annoying because you
can isn't.

There is no need for a loud vehicle exhaust or a loud radio or stereo
system. None. But when you mow your lawn, sure, there's a need to make some
temporary noise.

Milford Police Chief Fred Douglas has said that vehicle noise is a quality
of life issue and he's absolutely right. No one is interfering with anyone's
right to ride a motorcycle or drive a car or listen to music. But the police
should interfere with disturbance and noise.

2008-05-06T13:16:00.000-10:00

Honolulu Advertiser

May 6, 2008

Noise complaints lead to sign postings

Advertiser Staff
In response to complaints about noisy car sound systems, county workers on the Big Island have erected warning signs on Banyan Drive and at the Keaukaha area beaches to remind motorists about the county's noise ordinance.

The signs read, "Warning: Violation of Noise Ordinance Strictly Enforced."
The penalty for repeat offenders who violate the noise ordinance is a fine of up to $1,000 and forfeiture of the violator's sound system.

Police intend to enforce the noise ordinance island wide.

2008-03-13T13:03:00.000-10:00

Respect Waipio
Proliferation of ATVs, dirt bikes in the valley prompts new meeting

by Bret Yager
Tribune-Herald Staff Writer
Waipio Valley residents say it's time to get the message out: People who bring ATVs and dirt bikes illegally into the valley won't meet with a warm welcome.

People often have the mistaken perception the valley is public land, and end up treating it as a theme park, some residents say. Visitors also may be unaware that ATVs and most offroad motorcycles are not allowed on the county access road to the lush valley at the island's northeast tip, an area considered sacred to many Hawaiians.

The valley has exploded in popularity over the past few years, residents say, and so have the impacts.

"The traffic increase has been huge," said Jim Cane, a Waipio taro farmer and resident of 20 years. "Part of the problem is there really is no public property. Visitors must be respectful. It's a very powerful place; you can't just do whatever you want and run amok."

However, some of the same property owners who point to ATVs and bikes tearing up streams and roadways also use ATVs in the valley. That makes some uneasy about a crackdown.

"If you have a farm, it's okay to have an ATV because sometimes that's the only way to get in," said Ku'ulei Badua, who lives near Waipio Lookout and is president of the Kuhuihale Community Association. "But a friend of mine who lives in the valley was just telling me about an ATV (visitor) going up and down the river. She told him that's where she gets her food. He could care less as long as he was having fun."

"She was so upset," Badua said. "She wants to get the word out: Waipio is not a park. People live here."

Kamehameha Schools, the major landowner in the area, has said it doesn't want the machines on its land, period, police say.

The Waipio Community Circle will host a public meeting this Saturday in Honokaa to educate the public about rules for ATVs, dirt bikes and jet skis on public roads and public areas, including the state-owned beach area and state-controlled nearshore waters. Input on activities suitable to the valley will be sought, and members of the state Department of Land and Natural Resources and the Hawaii County Police Department will be available to answer questions.

The community has been grappling for several years with how to address the increased use while maintaining access in Waipio, Cane said. Part of that has been an education effort involving volunteer information officers stationed at the lookout, a program in place since the end of last summer.

The recent county purchase of land at the lookout was a good step toward preserving the area, Cane said. The community is also eyeing the possibility of setting up a receiving area where people have the option of learning about the valley without taking the steep road to the bottom.

"Once people realize the situation, they want to be respectful. That's part of the reason we want to educate them," Cane said.

Facilitator Susan Maddox described Saturday's meeting as an educational opportunity, rather than a response to a crisis.

"It's an opportunity to share the regulations, where the machines are usable and where it's not appropriate for those activities," Maddox said. "We hope those who use dirt bikes and go into the valley with jet skis will be part of that meeting too."

Police have warned residents that the ban on ATVs on the access road applies to them as well.

"We're warning everyone that ATVs are not allowed on public roadways," said Shane Muramaru, the community policing officer for the area.

Muramaru said the prosecutor's office had indicated there may be an exception for ATVs being used as farm vehicles.

"That all depends on what it is being used for, where it is going to and from," Muramaru said. "It's on a case by case basis. But if you're going down there blind, going on the beach, you may get cited."

The Waipio issues point to a larger problem the island is experiencing as it grows, Cane said. Access is becoming increasingly restricted; at the same time, more users are lining up to recreate on the land that's left.

The idea of limiting access to the valley has been floating around for some time, but it's a fine line balancing restrictions with the sense of openness and aloha that many would like to preserve, Cane said.

"You can't just cut off the access," he said. "Some people feel like, hey, this is Waipio; the party is over. I don't see that happening myself, but we have to place some limits on access. The community doesn't want to say don't come to Waipio, but you have to be respectful. It's a fragile place."

Muramaru said that perhaps the island needs some more ATV-friendly recreation areas.

"ATVs are wonderful things. I own one, but I don't go driving it in someone else's yard," Muramaru said.

Attempts to contact several Big Island ATV enthusiasts for comment were unsuccessful.

The community meeting will be held Sat., March 15 from 9:30 a.m. to 11:30 a.m. at the North Hawaii Education and Research Center at 45-539 Plumeria Street in Honokaa.

Bret Yager can be reached at byager@hawaiitribune-herald.com.

2008-02-26T07:07:00.000-10:00

Check this from Florida

ST. PETERSBURG - The latest attempt to reduce noise levels does not involve
a new ordinance, stiffer penalties, or a big enforcement action. It is a
polite request to the owners of cars with loud music systems to turn the
volume down.

"People may not be aware that the radio is a little bit loud and disturbing
some of their neighbors," explained Susie Ajoc of St. Petersburg
Neighborhood Services.

Noise Free Florida's Judy Ellis imported the idea from other cities. She
claims a lot of violators turn down the volume once they realize somebody is
watching them.

"Someone took the time to write to down their tag. Somebody in the police
department took the time to write them a letter," she said.

Ellis is also president of a neighborhood association providing the
grassroots component of this experiment. It is making post cards available
to residents who can jot down tag numbers and send them into the city. Then
the police department sends the vehicle's owner a letter.

Ajoc says 1,000 cards have been printed. The city wants to see how many of
those cards citizens send in and how many of them involve repeat offenders.
Video

2008-02-16T13:10:00.001-10:00

Noise Pollution is a Thief

It sneaks across property lines.

It invades your personal space.

It steals your most precious commodity: time.

It then sneaks away with no trace, except for the physical and psychological imprint on the victim.

2008-02-14T13:39:00.002-10:00

Even the wilds of Alaska are not immune to the ravages of uncontrolled ATV use.

In his book, Alaska, Promises to Keep, Robert Weeden wrote, “Alaska’s special
vulnerability to damage to all-terrain vehicles is well known. … The
implications of high vulnerability and slow recovery of vegetation are especially important in wild areas. Wilderness is a valuable land characteristic, and it is becoming more valuable yearly. The cost of destroying or damaging wilderness, however hard it may be to calculate, is increasing. It is highest where the degree of change is greatest and where recovery times are longest. Public-land-use policies have not yet reflected the values of wildness fully even in designated wilderness areas, and scarcely at all in undesignated areas that are wild simply because they have been left alone.” (Weeden, 1978).

Link to full PDF

2008-02-13T10:05:00.002-10:00

Hawaii Noise Bill Passes Out of Committee

Thanks to all who may have submitted comment on this bill. It goes to the Judiciary Committee next.

2/12/08 HB3001: The committees on EEP recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 6 Ayes: Representative(s) Morita, Carroll, Ito, Karamatsu, Magaoay, Saiki; Ayes with reservations: none; 1 Noes: Representative(s) Thielen; and 1 Excused: Representative(s) Sagum.

2008-02-08T14:12:00.001-10:00

Important Hawaii Noise Bill Needs Public Testimony

House bill HB 3100 provides injunctive relief for noise emanating from private property. Here is the hearing notice which gives all the options for submitting your comments. The hearing date is Tuesday,February 12.

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing with a transmittal cover indicating:
· Testifier's name with position/title and organization;
· The Committee the comments are directed to;
· The date and time of the hearing;
· Measure number

Hearing Notice

And here's a link to the bill:

HB3001

This bill is a first step for controlling noise pollution in Hawaii. Mahalo for your help!

2007-09-05T12:28:00.000-10:00

Civil suits CAN work

Motocross Track Ruling

In 2003, a Montana family was dealing with a neighbor that installed a motocross track. The noise levels and dust from the motorcycles were so great that the family had to abandon their home during race meets. The neighbor chose to ignore complaints about the track.

The family of Leonard Moyers brought a civil action against the family of Lorraine Morin, in Flathead County, Montana which operated a motocross track on their property.

The attorney representing the Moyers family retained a consultant who created a report as evidence that included statements of individuals exposed to the track noise, photographs of the area, noise measurements, appropriate studies and references.

In district court, the judge found for the plaintiff. The conclusions of law were that the operation of the motocross track was determined to be a public nuisance. The defendant was prohibited from the operation of any type of motocross track in the vicinity and required to remove the track from the property. That included restoring the original contours of the property by removing the hills and jumps that were constructed as part of the track.

2007-07-06T12:29:00.000-10:00

Racine police are cracking down on loud car stereos and finding people with
outstanding warrants and other violators in the process.

Big Island Police?

Racine News Video

2007-07-04T07:21:00.001-10:00

New York's Noise Code

From TimeOut New York:

The Green Issue
The silent killer
Pissed off by noise? So is the environment. And the city’s on your side.
By Daniel Holloway

In 1972, New York became the first city to arm itself with a noise code. But you’re forgiven if you didn’t even know we had one: It went without revision for more than 30 years, during which time the city saw more development, more people, more machines and more…noise.

It took the mayor to step things up, goading an inert City Council. “To his credit, Bloomberg said, ‘Get it…done…now,’ ” says Dr. Arline Bronzaft of the mayor’s 2005 push to revise. She’s chaired the noise committee for the Council on the Environment under four mayors and is one of the country’s foremost researchers.

The new rules, which took effect July 1, impact developers the hardest. The city demands they plan for the abatement of noise during construction, and even suggests new tools they can buy (e.g., noise-reducing mufflers for jackhammers) to make the erection of condo towers as quiet as a mathlete’s birthday party. The fine for ignoring the plan: $875–$1,400 for the first offense. But the code’s most vocal opponents have been what Bronzaft calls “nightlife people.”

“Before the code was passed, Bloomberg tried to deal with the people who objected most—the bar owners, the nightlife people,” she says, uttering the last two words in a tone that would make Andy Rooney quiver. She then slips into a mocking voice: “ ‘Oh, we’re getting such fines now. And people are picking on us already, and they’re going to be picking on us more.’ I turned to their spokesperson and said, ‘Okay, tell me how much these people pay in fines every year. Give me data. I’m a data-oriented person.’” She pauses for a moment. “I can never get that from their people.”

The point Bronzaft comes back to again and again is that the detrimental effects of noise pollution are legion—and obvious. She recalls one study she conducted in 1981 at an upper Manhattan school where sixth-graders on one side of the building—the side closest to a set of subway tracks—consistently tested one grade level lower in reading than their peers on the other side. The school installed sound-reducing tiles and convinced the MTA to place sound-reducing rubber padding on the tracks. The disparity vanished.

“If you can’t read a book, if you find you’re awakened during the night, you may not yet find you have the cardiovascular disorders or the gastrointestinal disorders, but your quality of life is being diminished,” Bronzaft says. “I don’t think we should ask, ‘What physiological disorders have noise created?’ We should ask, ‘What kind of life are people living?’ ”

Bronzaft is taking a wait-and-see approach on the new code. Like any good academic, she won’t be satisfied with the results until she sees concrete facts. But she hopes that environmentalists will come around to viewing her fight as theirs. After all, too much noise ruins everybody’s beauty sleep, and it endangers the love lives of birds—they can’t hear mating calls.

“With all due respect to the green world, they have not included noise pollution,” she says. “If you want a better environment, a sounder environment, a healthier environment, I think you need a quieter environment. And it should be part of this world of greening.”

2007-05-14T06:45:00.000-10:00

Orlando, Florida is addressing the boom car issue

WESH Orlando Video

2007-05-10T07:24:00.000-10:00

Cracking Down on Boom Cars has Fringe Benefit

Police in Georgia town are cracking down on noise and littering and nabbing crimnals in the process.
Check the video here:

Atlanta News

2007-04-25T07:09:00.000-10:00

Here's yet another example of an enlightened community response to noise pollution.

The Hawaii County Council, Police Department and the Administration needs to take a hard look at incorporating legislative and enforcement avenues to address the issue.

San Antonio, Tx

Amended noise law could be costly

Web Posted: 04/23/2007 05:21 PM CDT

Chuck McCollough
Express-News Staff Writer

The party police have a warning - turn it down or pay up big time.

A newly amended city noise ordinance will hit repeat offenders hard in the
wallet when they disturb neighbors, rattle windows and make eardrums hurt
with loud music, usually late at night.

The amended noise ordinance was passed unanimously by City Council on April
5 and goes into effect June 5, city officials said.

When a police officer or Code Compliance officer investigates a noise
complaint at the same site twice in one night or "subsequent" times over the
following 60 days, the person or persons responsible for noise will be
liable for the cost of sending the officers, the amendment states.

Violators can be charged "reasonable costs" - the expense of sending police
or Code Compliance officers to the same location more than once. Those costs
also will include:

A $150 administrative fee

Any medical treatment for injured officers

Repair to any city equipment or property

"This could cost the person responsible for the party hundreds and hundreds
of dollars," said David L. Garza, director of the city's Housing and
Neighborhood Services Department.

The cost for each additional disturbance-call visit to the same location can
be as much as $1,000, according to the amendment. But that amount can be
waived if the person responsible for the party calls police and assists
officers in dispersing persons at the gathering, the amendment also says.

The $1,000 limit per incident applies only to the city's cost for sending
one or more officers to the same location multiple times, Garza said. It
does not include the administrative fee or costs for medical treatment or
damages to city property, he said.

"We've had 1,000 noise complaints through March 31, the first half of our
fiscal year, and 250 of those were for repeat offenders," Garza said.

Based on that percentage of repeat offenders and complaints from such groups
as the District 10 Neighborhood Alliance, the city pushed for revision of
the noise ordinance, he said.

Mike Gallagher with the District 10 Neighborhood Alliance praised the
amendment.

"We believe this strengthens the noise ordinance in a big way and gives
police and Code Compliance officers more power to solve the problem," he
said.

"Loud music is a problem all over the city, and especially in places where
people throw a lot of parties at the same place. The District 10 Alliance
will be watching implementation of this amended noise ordinance, and if we
find a weakness in it, we'll recommend additional changes to the city," he
said.

The amendment creates a special division called "party, gathering, event"
and defines those three terms as "five or more persons who have assembled or
are assembling in a manner so as to create substantial disturbance of the
quiet enjoyment of private or public property."

The amendment also addresses excessive traffic, fights or other disturbances
of the peace associated with parties, Garza said.

"And the party doesn't have to be at a house. It can be any place you have a
crowd (five or more people) making too much noise in a public or private
location that disturbs the area around it," he noted.

Northeast Side resident Gus Wieters first started talking to the city 14
years ago about loud noise near his house, especially at a self-service car
wash late at night.

Wieters said he and other Northeast Side residents met with City Manager
Sheryl Sculley and Police Chief William McManus about noise ordinance repeat
offenders, and that meeting helped lead to the new amendment.

Even though the amended ordinance doesn't go into effect until June, people
planning big Fiesta parties or other events should take heed, Garza said.

If officers go to an address or location multiple times before the amendment
kicks in, Code Compliance and the San Antonio Police Department will base
their actions on a record of any earlier calls to the location, he said.

2007-04-04T16:24:00.000-10:00

Using "breach of peace" as an enforcement action for boom cars.

Lowering The Boom On Blaring Car Radios

Courant Staff Report

April 4 2007

NEW BRITAIN -- City police are warning motorists who like to cruise with
their car stereos blasting that they could end up with no music at all.

For the second year, police plan to enforce the city's noise ordinance by
charging violators with breach of peace and then seizing detachable
"faceplates" from their car stereos.

New Britain police spokesman Sgt. Gregory Wright said that, in previous
years, efforts to enforce the ordinance by ticketing violators have been
largely unsuccessful.

So last year, Wright said, police began charging violators with breach of
peace, a misdemeanor that requires a court appearance.

Police also began seizing faceplates from car stereos that were so equipped,
which makes the stereos inoperable.

"If you have that music cranked up, we're not just going to give you a
ticket and let you go on your way," Wright said. "Now we're going to make
sure you can't blast that music until your case is settled."

Wright said the department is warning motorists about the stepped-up
enforcement because the weather is getting warmer, which means people tend
to drive with their windows down and the music blaring.

"People don't want to hear the bass line from your favorite song rattling
their teeth," he said.

2007-04-03T17:20:00.000-10:00

Yet another great idea to assist the victims of boom cars

4/3/2007 NEW BRITAIN - With winter over and spring finally showing itself, it's that time of the year when the temperature is just right for road trips and driving with the windows down.
However, the police department wants all drivers to be courteous to those around them and make sure to keep their music down.

The department's traffic-safety bureau will be initiating its Operation NABSSTER program (Noise Abatement by Seizing Stereos) to cut down on the noise complaints made by fed-up residents.

"It's annoying and it's a primary complaint of neighborhood watches," said Sgt. Gary Chute, supervisor of the traffic-safety bureau. "This program has been established in response to community requests."

Chute said sometimes music played in a car can be so loud that it rattles peoples' windows when the car drives by and disturbs those trying to sleep late at night.

He added that it also affects the quality of life in a neighborhood.
When an offender is pulled over, he or she can be charged with breach of peace and given a summons to appear in court. Officers can also seize various equipment from the offender - from the stereo face plate all the way up to the car itself, Chute said.

When the equipment is seized, police can ask the court to claim the seized items as a nuisance and have them destroyed.
To catch offenders, police use a laser measuring device to determine how far away the vehicle is in comparison to the decibels of the music.

Officers also use their own judgment when they hear unreasonably loud music coming from a vehicle.
Typically, music played in a car shouldn't be heard by those outside a 50-foot radius, Chute said.
Last year during their NABSSTER program, police arrested 10 people in an eight-hour time span for breaching the peace.
Chute said playing music too loudly in a car is dangerous because drivers are unable to hear what's going on around them, such as road-hazard alerts and other vehicles.

"It also inhibits your ability to hear emergency-vehicle sirens," he said.

2007-04-03T07:07:00.000-10:00

Here is an example of proactive noise policy. Big Island Police Department-take note.

MPD Announces Zero Tolerance Policy for Noise Violations
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MONTGOMERY, Ala., April 2, 2007 -- The Montgomery Police Department says Montgomery residents have had enough with noise pollution in the city of Montgomery.

In a statement on Monday, police spokesman Capt. Huey Thornton says the department "has received numerous complaints recently in reference to violations of the City's Noise Ordinance. We have started enforcing zero tolerance for violators of this law."

A special detail will work to "reduce the number of offenders of this ordinance. Last weekend officers cited 36 violators who were not in compliance with the Noise Ordinance."

Below is a copy of the ordinance. Residents are advised to be in compliance.

Sec. 18-175. Prohibited acts.

(a) No permit required by the provisions of this division shall be issued for any act prohibited by this section.

(b) It is hereby declared a nuisance and shall be unlawful to operate or play any radio, stereo system, musical instrument or similar device which produces or reproduces sound, whether from a motor vehicle or by a pedestrian, in such a manner as to be plainly audible to any person other than the player or operator of the device at a distance of 25 feet in the case of a motor vehicle or 25 feet in the case of a pedestrian.

(c) It is hereby declared a nuisance and shall be unlawful to operate or play any radio, stereo system, television, phonograph, musical instrument or other similar device which produces or reproduces sound, whether from a business or residence, in such a manner as to be plainly audible at a distance of 25 feet to any person inside a commercial, residential, multifamily dwelling or public place.

(Ord. No. 69-2001, § II(C), 11-20-2001)

The fines for violation of the noise ordinance (including court costs) are $211 for the first offense and $341 for each additional offense.

2006-12-15T14:17:00.000-10:00

Side Benefits of Boom Car Noise Enforcement

Police who stop vehicles for loud stereos often find more than powerful audio equipment. They find drugs, firearms and people who are wanted for committing crimes. They also find people driving without a license, safety check or registration.

Enforcement of noise laws has also led to the recovery of stolen goods. Stopping of Boom Cars by police has not only served to bring peace and quiet back to neighborhoods and streets, but has decreased the crime rate as well.

Talk to your local police captain to see what they can do about enforcing existing laws.

2006-12-14T08:13:00.000-10:00

Boom Cars on the Big Island

You are in your home enjoying your dinner when suddenly a strange THUMP! THUMP! KA-THUMP! invades your space. It is felt as much as heard. A deep vibration that is annoying and unsettling. How about this: You are in your car, diving along or perhaps at a traffic stop when BOOMP, BOOMP, KA-BOOMP invades your vehicle to the extent you can't hear your own music or converse with your passengers. There's no escape. it is assault by noise.

You are a victim of the ever growing "Boom Car" syndrome. People purchase powerful amplifiers, connected to drivers that occupy much of the space in their vehicle, to create bass that will travel a very long distance. These sounds are in the double digit Hertz range and have the power to actually move move objects. The technology has actually been considered for military purposes to disable and disrupt opposing forces.

With the advent of superb headphones, why would anyone need to have something in their car powerful enough to be heard a block away? The answer lies in psychology 101. The "look at me" condition. The lack of any social responsibility means the owner of the equipment believe they can do whatever they want without any consideration for the effect on others.

Many local governments have enacted tough laws to deal with the problem. Here is a public service TV announcement from Gulfport:
Gulfport TV spot

We do have noise laws on the Big Island to address the problem:

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Section 14-18. Use of sound reproducing devices in public areas.
(a) It shall be a violation of law for any person or persons to play, use, operate, or permit to be played, used, or operated, any radio, tape recorder, cassette player, or other machine or device for reproducing sound, if:
(1) Such machine or device is located in or on:
(A) Any public property, including any public street, highway, building, sidewalk, park, or thoroughfare; or
(B) Any motor vehicle on a public street, highway, or public space; and
(2) The sound generated by such machine or device is audible at a distance of fifty feet from the machine or device producing the sound.
(b) Possession by a person or persons of any of the machines or devices enumerated in subsection (a) shall be prima facie evidence that that person, or those persons, operated the machine or device at the time in question, in violation of this section.
(1975 C.C., c. 6, art. 11, sec. 11; Am. 1990, Ord. No. 90-65, sec. 2.)
–––––––––––––––––––––––––––––––––––––––––––––––––––––
Obviously, we need to encourage our local police to enforce the existing law. We must petition the legislature to reduce the existing pollution distance of 50 feet to 20 feet now used for most codes.

2006-11-13T07:05:00.000-10:00

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.

2006-11-07T08:01:00.000-10:00

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.

2006-09-29T07:06:00.000-10:00

Noise Pollution Related to Lack of Manners

From "The Scotsman"

Experts say the death of chivalry is leading to increasing hostility in
society.

Poll finds manners no longer maketh the man

STEPHEN McGINTY

* 80% of online poll respondents say public losing good manners

* 70% believe people have lost art of speaking correctly

* Manners first became fashionable in medieval Florence

Key quote "We value manners, not only because they promote good behaviour,
but, most importantly, they curb bad behaviour. They are the oil that
smoothes our path. People feel that society is more hostile and so may act
in a more hostile manner. When someone asks a group to stop making such a
noise, he gets stabbed or beaten" - Dr Colin Gill, chartered psychologist

Story in full THE door, once held open for a lady, has been slammed shut.
The tipped hat has been knocked askew and the punctual arrival is late. The
British public is mourning the loss of good manners, according to a new
survey.

Good manners, described as the noise you don't make when you're eating soup,
came top of a poll of life skills which the British public believes are
dying out. While other lost skills include the art of the letter- writing,
needlework and car maintenance, the greatest concern of 5,200 people, polled
by the website Videojug , was the demise of
public etiquette.

The rise of antisocial behaviour and the fall in polite conversation meant
80 per cent of those polled said good manners, built up over hundreds of
years, had been replaced by today's yobbish behaviour.

Last night Thomas Blaikie, the author of Blaikie's Guide to Good Manners
said: "I'm not surprised by the results. I think a lot of people do get hot
and bothered about what we think of as poor manners. Today when you go out
to the supermarket people don't smile at each other, it's as if you don't
exist. When you go out with your friends they spend half the time talking on
their mobile phones to friends who aren't even there."

Punctuality, which came 12th in the list of lost skills, and good
conversation which came 13th, are two of Mr Blaikie's major issues.

As he explained: "People turn up 40 minutes late and if you complain they
look at you as if you are mad. While even in a relaxed conversation people
find it difficult to talk to each other without asking crass or intrusive
questions."

There is evidence that the British public has had quite enough of bad
manners. This year 1,671 people complained to the Advertising Standards
Agency about an advert for Kentucky Fried Chicken which showed call centre
workers singing with their mouths full of food.

While China issues instructions on the correct way for a tourist to behave
in Britain, for example, if lost for words he or she should discuss dogs or
inquire if a person has seen the film Bridget Jones's Diary, Britain has
abandoned the strict rules that previously governed social behaviour.

Andrew Roberts, the historian and author of A History of the
English-Speaking Peoples since 1900, said last night it was refreshing that
people wished to see a return to good manners. "In the 1960s it was deemed
to be the right thing to do to ditch the old Victorian values and examples
of proper behaviour," he said.

"But today we can see that it was a precursor to crime, yobbishness and the
ASBO. In 1900 the average working man would be expected to comport himself
as a gentleman.

"The aristocracy of the working classes prided themselves on behaving better
than the genuine aristocracy, many of whom were frequently drunk in public."

The poll revealed many people believe that basic courtesies are now lacking
such as neighbourliness - rated fourth - as working family patterns result
in fewer people knowing their near neighbours.

The art of speaking correctly came in at fifth place, with nearly seven in
ten of those polled believing current generations have lost the ability to
communicate in a grammatically correct manner.

Manners first developed in Florence during the Renaissance as a method of
setting a person apart as a gentleman, and the fashion was later adopted in
Britain. It was manners, according to Dr Colin Gill, a chartered
psychologist, that allowed society to slowly begin to move away from
behaving, on pure instinct, violently.

He said: "We value manners, not only because they promote good behaviour,
but, most importantly, they curb bad behaviour. They are the oil that
smoothes our path. People feel that society is more hostile and so may act
in a more hostile manner. When someone asks a group to stop making such a
noise, he gets stabbed or beaten."

The poll also found 76 per cent of adults believe there is an "urgent need"
to preserve the basic skills which are dying out, from politeness to the
more practical art of DIY. There were even 12 per cent who believe it is
worth preserving political correctness as a British skill, although this
only managed to squeeze in at number 20 in the table.

The reason for the decline was put down by three in four people as laziness,
while 56 per cent believe people today rely on others too much to learn such
talents themselves. However it is also a common belief that parents are not
passing on traditions to their youngsters, with received wisdom named in the
top 20 of dying skills.

2006-09-12T15:01:00.000-10:00

ATV Safety Becomes an Issue on the Big Island

Environmental concerns are next, including noise pollution.

Honolulu Advertiser September 10,2006. http://tinyurl.com/l5c5s

2006-09-09T16:06:00.000-10:00

Council may sharpen bite of loud dog law

Owners of barking dogs whose canines are found in violation of a noise ordinance could be hit with a $1,000 fine and might have to surrender their animals if a bill introduced yesterday passes the City Council.

The ordinance, proposed by Honolulu Councilwoman Rene Mansho, would stiffen current penalties -- a first time offense will increase to $50 from $25; a second offense within two years of the first will come with a $100 fine.

Subsequent offenses will run between $500 and $1,000, up from the previous $100 limit.

The bill also proposes that a court can require as part of the sentence for any offense, to "train an animal ... to stop the nuisance which caused the offense."

(Now, if only we can raise the level of awareness of other types of noise pollution to that of the barking dog we would be making significant progress.)

2006-08-28T06:52:00.000-10:00

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/

2006-08-23T07:18:00.000-10:00

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.

2006-08-21T07:00:00.000-10:00

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/

2006-08-20T07:16:00.000-10:00

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.

2006-08-11T06:57:00.000-10:00

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.

2006-08-06T12:30:00.000-10:00

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.

2006-07-28T16:27:00.000-10:00

Qualitative and quantitative characteristics of noise.

The qualitative aspect of noise determines what is annoying, punishing or downright maddening. The quantitative is simply the sound pressure, measured in decibels. An example of a fairly low sound level with a particularly irritating quality would be the venerable fingernails on the blackboard. This is a sound that many people will simply try to flee from. If unable to control it the adverse physical and psychological effects begin.

The sound from ATVs and dirt bikes have similar effects. The characteristics are abrupt and random changes in sound levels and pitch. The tone may vary from raspy to a roar to a screech.The unpredictability of the sound is what keeps the unwilling listener on edge.

The unwilling listener often has no escape. They may be in their own home or outdoors on their own property, but are unable to escape. Frustration, anger and even rage are the byproducts of this exposure.

2006-07-25T17:09:00.000-10:00

A responsible ATV rider speaks out.

Today I was introduced to an interesting fellow by a mutual friend. Local born and raised, he had some interesting things to say about ATV problems. He is a mature man and really enjoys the freedom his ATV gives him to explore beautiful areas on the Big Island that would otherwise be inaccessible. Once a month or so he gets permission from a friend that has a large area of ranch land and takes his grandchildren on ATVs to explore.

Before they ride he gives them the rules: Stay in one gear, no unnecessary revving of the engine, no racing or other foolishness. The first violation results in instant termination of the ride. He has asked for, and received permission many times to enter the property. The reason he is allowed to ride there is because he a responsible citizen trying to protect the environment and the rights of others.

He also told me of the joys of riding in pristine areas of Mauna Kea. Then one day he looked up and saw ATV tracks on a pristine volcanic cinder cone that had been untouched for a long time. Shortly thereafter riding was banned in the area, thereby taking away this responsible citizen's right to enjoy the lovely spot.

He lives in a rural area as I do and he told me of the distant roar of ATVs in the night that get louder and louder until they rocket past his home disturbing his family and his animals. He has called the police but the riders are gone before the police arrive. He also mentioned that he observed a vehicle towing a trailer with three or four ATVs pulling over to the side of a road by a wooded area near his home. The folks in the vehicle obviously were parents. They dropped their kids off to "have a good time" and would pick them some hours later. The kids tore up the area and made a lot of noise Someone called the police so now there is no riding in that area.

These people, in their selfish pursuit of their own enjoyment, have no idea that they are eroding the ability of their fellow riders to enjoy their activity. This gentleman is justifiably angry that the actions of a few uncaring individuals are affecting the enjoyment of his outdoor recreation.

2006-07-24T10:12:00.000-10:00

EPA has no funding for noise pollution.

A growing environmental problem is effectively being ignored by your federal government. Write your congressional representatives and tell them the EPA needs to be funded for this work.

2006-07-24T10:06:00.000-10:00

Second hand smoke and second hand noise.

Society has finally realized the hazards of second hand cigarette smoke. Many areas of the country have laws restricting smoking in areas where the by-products may affect others.

In the area of noise pollution we have a long way to go. Quiet areas are increasingly hard to come by. We are adversely affected on our own property and even inside our homes. Public awareness needs to be raised by various media campaigns. Cigarette manufacturers air anti-smoking ads as a result of lawsuit settlements. ATV, motorcycle and boom sound manufacturers would do the same if motivated by class action suits.

2006-07-23T17:11:00.000-10:00

Terrorism by noise. While not necessarily conducted for political objectives, the effects are quite similar.

1. Surprise
2. Intensity
3. Random
4. Violation of rights
5. Generate fear and anxiety

2006-07-21T15:36:00.000-10:00

Coqui frog noise = $4.9 million, ATV/dirt bike noise =$00.00.

The coqui frog is an invasive species that produces an incredible amount of noise. In some areas of the island people cannot sleep at night because of the racket. Funds allocated to eliminate these creatures are well spent.

The question arises: why has the coqui frog problem attracted public and administration attention and concomitant funding? Simple. The little frogs inhabit rural and suburban areas. Lots of people are annoyed by the sound and their public outcry has justifiably been heard.

In the case of noise from ATVs and dirt bikes, the effects are great but they only affect a small number of people due to the large land areas involved. Thus, the outcry is at a relatively low volume and the administration and legislator responses are indicative of the volume of complaints. What if someone rented a powerful boom box and played actual recorded sound from an affected property for the Mayor and Planning Department Director to enjoy during their work day. There is absolutely no doubt that it would get a prompt response.

I suspect they would be on the phone to security or the police in a heartbeat. Unfortunately, the police do not respond to noise complaints emitting from private property, so that option is not available to residents. We will be working hard to make it available.

2006-07-21T07:06:00.000-10:00

How long does it take for action? Here on the Big Island, it takes a while. For example, the ATV/dirt bike track began operating in in our neighborhood in early October 2005. The operator does not own the property but lives with the lady that does. Three letters were sent to the property owner in December 2005 attempting to arrive at some sort of compromise. These were ignored. Letters were then sent to the State of Hawaii Land Use Commission and the Hawaii County Planning department mid January 2006.

After numerous requests of the Planning Department to investigate they finally conducted an inspection of the property on March 7, 2006 and found (what else) a full blown dirt bike/ATV track replete with jumps. The Planning Department then sent a certified letter to the property owner advising them that such land use is not permitted and that a special permit is required. But, in the same letter they say: "if the property is used intermittently for dirt bike riding only by people residing on the property we are considering this to be below the threshold of activity that we will enforce, but it it exceeds this level, we consider it an activity that requires a special permit."

Either the property owner considered the letter a wink or she does not respect the county's authority. In any event, the use of the track by multiple machines from four to six hours every weekend, and sometimes on weekdays, continues.

This obviously means that the Hawaii County Planning Department does not want to bother with this issue. Our position is that arbitrary and selective enforcement is inappropriate and this has been forwarded to the Mayor and Corporation Council offices. The most recent letter, dated July 8,2006 from the Mayor's office says: "follow up will be done as soon as possible."

Stay tuned.

2006-07-20T07:42:00.000-10:00

Thank you for visiting www.noisefreehawaii.org. From time to time I will post information on the progress of the mission of reducing noise pollution on the Big Island of Hawaii.

Currently there is no pending legislation in Hawaii to address the noise from recreational off highway vehicles. California provides us with a model of workable and fair legislation which provides riders an opportunity to continue their sport while mitigating the noise effect on residents.

Due to the wide open rural areas on the Big Island it would appear that we have the most potential for noise problems and may have to work hard to get statewide support for legislation. Therefore, we need to work at both the state and county levels.

In terms of county legislator response I must say that my particular district councilman is incommunicado. He does not return phone calls or respond to letters and emails. Some county departments are in the same boat. For example, the Planning Department also does not respond to any sort of communication. One might ask how difficult it is to reply with a form letter. It is incomprehensible that in this information age our representatives and agencies refuse to communicate.

We will continue efforts to stimulate response. We can also act with our vote.

Noise Free Hawaii

Respect WaipioProliferation of ATVs, dirt bikes in the valley prompts new meeting

Check this from Florida

Noise Pollution is a Thief

Respect Waipio
Proliferation of ATVs, dirt bikes in the valley prompts new meeting