SB1147 would amend Hawaii’s disorderly conduct law to make certain nighttime noise in residential and mixed-use residential areas an “unreasonable” noise offense. Specifically, it would treat conduct that produces or causes noise above 80 decibels, measured with a calibrated sound level meter by a certified individual at 30 feet from the source, between 9:00 p.m. and 6:00 a.m. as disorderly conduct. The bill also preserves existing disorderly conduct standards, including noise that is a gross deviation from lawful conduct or that continues after a police officer orders it to stop or be reduced.
The measure also creates a related liability provision for renters, residents, or owner-occupants who knowingly or negligently allow unreasonable noise on the premises. In addition, it appropriates state funds for implementation, including one full-time Department of Health position to train law enforcement officers statewide on proper sound meter use and money to purchase sound level meters for county enforcement. The bill would take effect on July 1, 2025.
Impact
SB1147 would expand the scope of Hawaii’s criminal disorderly conduct statute, Section 711-1101, HRS, by adding an objective decibel-based standard for nighttime noise in residential and mixed-use residential zones. It would also increase the practical enforcement role of the Department of Health and county law enforcement by funding training and equipment, and it would potentially expose property occupants to noise-violation liability when they knowingly or negligently allow excessive noise on the premises.
Sentiment
The bill appears to be framed as a public health and quality-of-life measure, with the legislative findings emphasizing the harms of excessive noise and the need for better enforcement in urban areas. The context provided shows no recorded votes or committee testimony, so there is no documented opposition or support in the materials beyond the bill’s stated purpose. Overall, the tone of the bill is proactive and enforcement-oriented, suggesting an intent to strengthen noise control rather than merely study the issue.
Contention
The main likely point of contention is enforceability: the bill relies on calibrated sound level meters, certified measurement, and county enforcement capacity, which the findings acknowledge have been limited in existing noise-control efforts. The bill also raises potential concerns about criminalizing common urban noise, especially in mixed-use areas, and about how the 80 dBA threshold and 30-foot measurement standard would be applied in practice. The legislative findings reference prior Honolulu efforts to regulate amplified sidewalk sound and note objections from police and prosecutors about the lack of monitoring devices, indicating that enforcement resources and measurement reliability are central issues.
Requesting The Department Of Health To Convene A Community Noise Working Group To Discuss Policies And Legislation With Respect To Noise Sources Affecting The Community.