Honolulu, Hawaii - Revised Ordinances of Honolulu
ANIMALS AND FOWL
Article 2. Animal Nuisances Sections:
The purpose of this article is to establish an owners responsibility for the keeping of animals, farm animals or poultry on a noncommercial basis and in a manner which will not endanger or unreasonably interfere with the public health, welfare, safety, peace or comfortable enjoyment of life and property. (Added by Ord 90-55)
"Animal nuisance," for the purposes of this section, shall include but not be limited to any animal, farm animal or poultry which:
"Animals," unless provided otherwise, include but are not limited to those animals that are customary and usual pets such as dogs, cats, rabbits, birds, honeybees and other beasts which are maintained on the premises of a dwelling unit and kept by the resident of the dwelling unit solely for personal enjoyment and companionship, such as, without limitation, for a hobby, for legal sporting activities and for guarding of property; excluding aviary game birds and fish as defined in the Hawaii Revised Statutes.
"Enclosure" means any kennel, coop, cage, hutch, hive or other structure used to care for, breed, house or keep animals, farm animals or poultry.
"Farm animals" means pigs, cows, goats, sheep, horses, camels and llamas.
"Owner" means any person owning, harboring or keeping animals, farm animals or poultry, whether licensed or not, or having custody, whether temporary or permanent thereof.
"Person" means and includes corporations, estates, associations, partnerships and trusts, as well as one or more individual human beings.
"Poultry" means chickens, roosters, pigeons, turkeys, geese, ducks and peacocks not regulated by state law.
"Zoning lot" and "lot area" are as defined in Chapter 21, ROH 1990. (Added by Ord 90-55)
Sec. 7-2.3 Animal nuisance-Prohibited.
It is unlawful to be the owner of an animal, farm animal or poultry engaged in animal nuisance as defined in Section 7-2.2; provided, however, that it shall not be deemed to be animal nuisance for purposes of this article if, at the time the animal, farm animal or poultry is making any noise, biting or stinging, a person is trespassing or threatening trespass upon private property in or upon which the animal, farm animal or poultry is situated, or for any other legitimate cause which teased or provoked said animal, farm animal or poultry. (Added by Ord 90-55)
Sec. 7-2.4 General requirements.
(a) Nothing in this article applies to animals, farm animals or poultry raised, bred or kept as a commercial enterprise or for food purposes where commercial kennels or the keeping of livestock is a permitted use.
(b) Enclosures for animals, farm animals and poultry shall meet all applicable zoning requirements for structures; shall not be located within any required front, side or rear yard setback; and shall meet all other applicable sanitation requirements.
(c) Noise is unreasonable within the meaning of this article if considering the nature and the circumstances surrounding the animal nuisance, including the nature of the location and the time of the day or night, it interferes with reasonable individual or group activities such as, but not limited to, communication, work, rest, recreation or sleep; or the failure to heed the admonition of a police officer or a special officer of the Hawaiian Humane Society that the noise is unreasonable and should be stopped or reduced.
(Added by Ord. 90-55)
Sec. 7-2.5 Special requirements.
(a) Farm animals. Enclosures for farm animals shall not be located within 300 feet of any property line.
(b) Honeybees. There shall be no more than eight honeybee hives per zoning lot and the keeping of honeybees shall be in accordance with the following:
(c) Dogs. The number, four months of age or older, shall not exceed 10 per household.
(d) Chickens. The number shall not exceed two per household.
(Added by Ord. 90-55)
Sec. 7-2.6 Complaint forms for private citizens.
The Hawaiian Humane Society, in consultation with the Honolulu police department, shall develop a complaint form with respect to the keeping of animals, farm animals or poultry. The form may be obtained by private citizens from the Hawaiian Humane Society or the mayor's office of information and complaint. (Added by Ord. 90-55)
Sec. 7-2.7 Summons or citation.
Any authorized police officer, or any officer of the Hawaiian Humane Society who has been deputized by the chief of police as a special officer for the purpose of enforcing the provisions of this article, may issue a summons or citation to an alleged violator of the provisions of this article. Procedures with respect to the design, form, content, numbering and disposition of copies of said summons or citation shall be in all respects the same as those specified in Section 7-4.6, relating to summonses in connection with stray dogs. Said summons or citation shall instruct such person to report to the violations bureau of the respective district courts of the City and County of Honolulu. Each such person may, within seven days after the receipt of such summons, appear at such violations bureau and post a bail bond, in such amounts as may be set by the administrative judge of the district courts, for appearance on the date as may be set out for such person to appear before the district court. Upon failure to appear upon such date, said bail bond shall be deemed forfeited. (Added by Ord. 90-55)
Sec. 7-2.8 Failure to obey summons or citation.
It is unlawful for any person to fail to appear at the place and within the time specified in the summons issued to such person by an officer for any violation of this article, regardless of the disposition of the charge for which such person was originally cited. (Added by Ord. 90-55)
Sec. 7-2.9 Issuance of complaint.
In the event any person fails to comply with a summons given such person or if any person fails or refuses to deposit bail as required and within the time permitted, the violations bureau shall forthwith have a complaint entered against such person and secure the issuance of a warrant for such person's arrest. (Added by Ord. 90-55)
(a) Any owner keeping or permitting to remain on any premises within the City and County of Honolulu an animal, farm animal or poultry in violation of this article shall receive a warning citation which will require the owner to follow specific instructions for the imposition of additional requirements as given by the Humane Society. Additional requirements may include reductions in the number of animals, farm animals or poultry being kept and the partial or complete removal of such, or providing a soundproof structure in accordance with the requirements of the Hawaiian Humane Society. The owner who receives a warning citation shall not
be required to post bail or be subject to the penalty provisions, provided, the owner in good faith carries out the instructions given to said person by the Humane Society.
(b) For failure to comply with the provisions of subsection (a) of this section, the owner shall be punished by a fine of $25.00 for the first offense, $50.00 for the second offense within six months and a fine not exceeding $100.00 or imprisonment not exceeding 30 days, or by both, for any subsequent offense within six months. After the first offense, the owner may be required to attend a training program conducted by the Humane Society.
(Added by Ord. 90-55)
Sec. 7-2.11 Humane Society Annual report required.
The Hawaiian Humane Society shall render a full report of its activities and operations relating to the enforcement of this article to the mayor and the council within one month after the end of the each fiscal year.
(Added by Ord. 90-55)
If any provision of this article is held for any reason invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article. (Added by Ord. 90-55)
Sec.15-19.43 Sound vehicles.
(a) "Sound vehicle" means any vehicle which carries or is equipped with any instrument or device for the production or reproduction of music, spoken words or other sounds, or any loudspeaker or other sound-amplifying device designed to enlarge the volume of sound produced by any instrument or by the human voice, which instrument or device is used, or intended to be used, for the purpose of advertising or calling attention to any article, thing or event, or for the purpose of addressing the public or attracting the attention of the public; provided, that the term shall not include the following:
(b) No person shall drive, operate, propel or park on any public street or highway any sound vehicle with its sound-amplifying device in operation without first having obtained a revocable permit from the chief of police. Such permit shall be good for one year and may be renewed annually upon application.
(c) All applications for such permits shall be made on forms furnished by the chief of police. Each application shall state the name and address of the person applying for such permit, a description of the vehicle to be used, the type and kind of sound-making or broadcasting device attached to the vehicle, and the license number of the vehicle, including any other information required by the chief of police.
(d) No such vehicle shall be operated while broadcasting at any time between the hours of nine p.m. and seven a.m.
(e) The chief of police shall promulgate rules and regulations pursuant to the provisions of HRS Chapter 91 for implementing and administering this section.
(f) The chief of police is authorized to deny any application for a permit which does not meet the conditions provided herein or in any rules and regulations promulgated by the chief. The chief shall also be authorized to suspend or revoke any permit issued hereunder for violations of any of the provisions of this section or rules and regulations promulgated by the chief. Before the chief of police can deny any application for a permit or suspend or revoke a permit, said chief shall first afford the applicant or permittee a hearing, as prescribed in HRS Chapter 91, and shall promulgate rules and regulations to establish procedures for such a hearing.
(Sec.15-19.43, R.O.1978 (1983 Ed.))
LAND USE ORDINANCE
Sec. 21-3.100 Noise regulations.
The purpose of this section through Section 21-3.100-2 is to provide additional noise controls which supplement those established by the state department of health. (Sec. 21A-3.100, R.O.1978 (1987 Supp. to 1983 Ed.))
Sec. 21-3.100-1 Method of measurement.
Sound level meters and octave band filters shall be employed in measurements used in the enforcement of these regulations. Location and timing of measurements shall be so arranged as to exclude noises emanating from off the premises involved, or a correction factor reasonable under the circumstances shall be applied to compensate for off-premises noises. (Sec. 21A-3.100-1, R.O.1978 (1987 Supp. to 1983 Ed.))
Sec. 21-3.100-2 Noise level within specific districts.
(a) In I-2 intensive industrial and I-3 waterfront industrial districts, sound pressure levels from any use shall not exceed, at any point at or beyond the district boundary, the maximum number of decibels for each of the octave bands as set forth in the table in subsection (b), provided, however, that where the I-2 intensive industrial or I-3 waterfront industrial district adjoins any district which permits residences, apartments or hotels, the maximum sound pressure levels at or beyond the I-2 intensive industrial or I-3 waterfront industrial district boundary shall be reduced seven decibels from levels indicated in the table for the hours between eight a.m. and six p.m., and shall be reduced 10 decibels between six p.m. and eight a.m.
(b) In all other districts, sound pressure levels from any activity shall not exceed, at any point at or beyond the lot boundaries, the maximum number of decibels for each of the octave bands as set forth in the table below provided, however, that where such districts permit residences or where such districts adjoin districts which permit residences, apartments or hotels, the maximum sound pressure levels at or beyond the lot boundary shall be reduced seven decibels from the levels indicated in said table for hours between eight a.m. and six p.m., and shall be reduced 10 decibels between six p.m. and eight a.m.
Octave Band Center Frequency
Sound Pressure Level
(Sec. 21A-3.100-2, R.O.1978 (1987 Supp. to 1983 Ed.))
Article 5. Noises in Vicinity of Hospitals
Sec. 41-5.1 Unlawful to make loud noises.
(a) It is unlawful to discharge firearms or explosives or to make any loud noises within 500 feet from the nearest point of any main hospital building with a capacity for treating not less than 36 patients.
(b) It is unlawful to conduct, operate, maintain or carry on within 500 feet from any such main hospital building any noisy or noisome workshop, factory, trade, manufacture, industry or business; provided, that this provision shall not apply to any such workshop, factory, trade, manufacture, industry or business in existence at the time of the erection of such hospital building or of an extension to a hospital building.
(c) It is unlawful for any person, in passing any hospital building of the character and capacity described, to drive or operate any vehicle in such manner as to make or create any unnecessary noise.
(Sec.13-12.1, R.O.1978 (1983 Ed.))
Any person violating any provision of this article shall upon conviction be punished by a fine not exceeding $100.00 or by imprisonment not exceeding 60 days, or by both. (Sec.13-12.2, R.O.1978 (1983 Ed.))
Article 29. Motor Vehicle Alarms
Sec. 41-29.1 Sanctions for emission of audible sound for certain durations.
(a) As provided in HRS Section 291-24.6, it is unlawful for any motor vehicle alarm system installed in a motor vehicle to emit any audible sound for more than five continuous minutes.
(b) If a motor vehicle alarm system is activated for at least 10 minutes:
(c) If a motor vehicle alarm system is activated for at least 10 minutes and, within that minimum 10-minute period, emits audible sound for more than five continuous minutes, both subsections (a) and (b) of this section shall be applicable. (Added by Ord. 90-3)
Sec. 41-29.2 Activation for at least 10 minutes-Defined.
(a) A motor vehicle alarm system shall be deemed activated for at least 10 minutes if:
For the purpose of measuring the minimum 10-minute period, the period shall be deemed to commence upon the first audible sound from the motor vehicle alarm system.
(b) Audible sound shall be deemed to be emitted "intermittently within a 10-minute period" if the audible sound is emitted interruptedly in a sequence of at least 10 minutes and, within the sequence:
(Added by Ord. 90-3)
The provisions of this article shall not apply to a person who is doing that which is reasonably necessary for the purpose of setting by remote control or otherwise of the motor vehicle alarm and testing of the setting. (Added by Ord. 90-3)
Sec. 41-29.4 Other definitions.
For the purposes of this article:
"Motor vehicle alarm system" or "alarm system" means the same as the definition of "motor vehicle alarm system" under HRS Section 291-24.6.
"Police officer" means an officer of the police department who is authorized to enforce the law.
"Tow service" means a business engaged in the towing of motor vehicles. (Added by Ord. 90-3)
Sec. 41-29.5 Authority to enter property to identify motor vehicle and owner.
A police officer may enter onto any public or private property to identify or obtain information to identify:
(a) A motor vehicle, the alarm system of which has been activated for at least 10 minutes; and
(b) The motor vehicle's registered owner.
(Added by Ord. 90-3)
Sec. 41-29.6 Removal of motor vehicle from property.
(a) When the alarm system of a motor vehicle has been activated for at least 10 minutes and the motor vehicle is on public property or private property, a police officer may remove or cause to be removed the vehicle from the property to a storage area or other place of safety. The registered owner of the motor vehicle shall be responsible for all reasonable expenses, costs, and charges incurred by the deactivation of such alarm, and the removal and storage of such vehicle in accordance with this article.
(b) Upon discovery by a police officer of a motor vehicle which is or may become subject to removal pursuant to this section, the officer shall make reasonable efforts to locate the registered owner of the motor vehicle and request the silencing of the alarm system. If the registered owner refuses or is unable to immediately silence the alarm system or if, after reasonable efforts, the registered owner cannot be located, the motor vehicle may be removed.
(c) Prior to removing the motor vehicle, the police officer may authorize the tow service to deactivate the alarm system in accordance with Section 41-29.7.
(d) Whenever a police officer removes or causes to be removed a motor vehicle from property as authorized in this section, and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the registered owner of the vehicle, the officer shall immediately notify the police department dispatch office. The notification shall specify that the motor vehicle has been removed, the reason for the removal, and the place to which the vehicle has been removed.
(e) If the registered owner is unknown or cannot be ascertained, the police officer shall immediately notify the
police department dispatch office that the registered owner is unknown. In the event the vehicle is not returned to the owner within a period of three days, then and in that event, the police department dispatch office shall immediately send or cause to be sent a written report of such removal by mail to the director of finance. Such report shall include a complete description of the motor vehicle, the license plate number of the vehicle, the date, time, and place from which removed, the reasons for such removal and the place to which the vehicle has been removed.
(f) This article shall be deemed an ordinance authorizing the police to remove and store vehicles. As such:
(Added by Ord. 90-3)
Sec. 41-29.7 Authority to deactivate alarm system.
(a) A police officer may authorize the tow service to enter or open a motor vehicle, in which the alarm system has been activated for at least 10 minutes, and silence the alarm system. The tow service shall do that which is reasonably necessary when entering or opening the motor vehicle and silencing the alarm system.
(b) Prior to authorizing the entering or opening of the motor vehicle, the police officer shall have made the reasonable efforts to locate the registered owner and request the silencing of the alarm system, as required under Section 41-29.6 (b). If, pursuant to Section 41-29.6 (b) , the police officer becomes authorized to remove the motor vehicle, the officer also may authorize the entering or opening of the motor vehicle and silencing of the alarm system.
(c) After silencing the alarm system, the motor vehicle shall be towed to a storage area or other place of safety. The vehicle shall be locked or otherwise secured from unauthorized entry and written notice of the action shall be left on the windshield of the motor vehicle. If the alarm system is also in violation of HRS Section 291-24.6, the written notice required under this subsection shall be in addition to the summons or citation issued for the violation.
(Added by Ord. 90-3)
Article 31. Noise Control
Sec. 41-31.1 Prohibited noise.
(a) It is unlawful 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 it is located in or on any of the following:
and if the sound generated is audible at a distance of 30 feet from the 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 operates, or those persons operate, the machine or device.
(Added by Ord. 90-26)
(a) Powers of Arrest or Citation. Any authorized police officer shall issue a citation for any violation under this article, except they may arrest for instances when:
(Added by Ord. 90-26)
Any person convicted of a violation of the provisions of this article shall be punished by a fine of $100.00 for the first offense, $500.00 for the second offense within six months of the first offense, and $1,000.00, or forfeiture of the sound system or components of the sound system up to $1,000 in value, or a combination of forfeiture and fine to total $1,000.00 for conviction of the third offense within one year of the first offense. (Added by Ord. 90-26)
(a) A permit for a temporary exemption from the provisions of this article may be issued by the director of finance to commercial, religious, political, civic, charitable, athletic and other organizations, or individuals, for activities such as carnivals, parades, fund raisers, fairs, bazaars, public speeches and meetings.
(b) The director of finance shall prescribe a form of application for such a permit which shall be completed by the applicant and which, when completed, shall state the date, time of day, duration and nature of the proposed activity, the reason for the proposed activity, the name of the person who shall be in charge of the proposed activity, and such other pertinent information as the director shall desire.
(c) In determining whether to grant or deny an application for a permit hereunder, the director shall consider the information provided in the application together with the impact of the proposed noise on the health, safety and welfare of the residents of and visitors to the surrounding area. If more information is needed in order for the director to make a determination on the application, the director may request further information from the applicant by means of a supplemental application.
(d) The applicant shall submit the completed form, accompanied by a fee of five dollars, to the director not later than five days prior to the proposed activity; thereafter, the director shall notify the applicant of the decision
to grant or deny the permit within three days of the submission of the completed application and fee and any required supplemental application.
(e) The permit shall state the date, place, time, duration and nature of the proposed activity, shall be in the possession of the person in charge of the activity, and shall be produced for inspection upon the request of any law enforcement officer.
(f) The director may issue a permit subject to conditions which shall be stated upon the permit, including limitations upon the sound level, duration, or time of day of the activity, or the requirement that breaks be taken in the activity.
(g) The director may adopt rules not inconsistent herewith for the implementation of the permit system established in this section. Such rules may include provisions for waiver of the application fee in appropriate situations or for the granting of a permit when an application is received less than five days prior to the proposed activity.
(Added by Ord. 90-26)
The following shall be exempt from the prohibitions set forth in this article:
(a) Activities of the city and county, State of Hawaii or the United States; and
(b) Activities of private persons or entities acting within the permitted uses of a permit issued by the city and county, State of Hawaii or the United States.
(Added by Ord. 90-26)
Article 34. Sound Levels for the Waikiki Shell
Sec. 41-34.1 Findings and policy.
The Waikiki Shell is a premier forum for outdoor concerts and activities and since 1953 has provided an idyllic setting. The city is concerned and desirous of ensuring that the peace and quiet enjoyed by nearby residents is not unduly disturbed by the events held at the Shell, while at the same time it wishes to continue to provide a venue for quality entertainment and events in the uniquely beautiful setting that is the Shell.
The city finds that in the absence of established sound levels for its facilities, sound levels for the Shell have been established by the state department of health in Title 11 of its Administrative Rules. Sound levels established by the department of health's rules fail to take into consideration the unique characteristics and function of the Shell. Accordingly, it is the intent of this article to establish sound level limits for the Shell.
(Added by Ord. 91-88)
Sec. 41-34.2 Definitions.
For the purposes of this article:
"`A' level" means the total sound level of all noises as measured with sound level meter using the "A" weighting network. The unit of measurement is the dBA.
"Decibel" means one-tenth of a Bel, a unit of sound level.
"Shell" means the Waikiki Shell.
"Sound" means a fluctuation of air pressure which stimulates the human nervous systems through the ear, eardrums, and connecting nerves.
"Sound amplifier" means an electronic device used to amplify electrical outputs, including but not limited to those from microphones, phonograph players, compact disc players, tape decks or musical instruments.
"Sound level meter" means an instrument or combination of instruments, which meets or exceeds the requirements for a Type I or Type II sound level meter as specified in ANSI specification for sound level meter S1.4-197 or IEC 179 or IEC 123.
"Sound pressure level (decibel)" means 20 times the logarithm to the base ten of the ratio of the measured sound pressure to the reference sound pressure of 0.0002 dynes per square centimeter or 20 micropascals.
"Sound production or reproduction device" means a device intended primarily for the production or reproduction of sound, including but not limited to any musical instrument, radio receiver, television receiver, tape recorder, phonograph, organ, compact disc player or sound amplifying system.
"Tenant" means a person or entity executing a rental agreement for the Neal Blaisdell Center and Shell and the agents, representatives, employees, and officers of such person or entity, including an independent contractor, using the premises with the permission of the tenant.
(Added by Ord. 91-88)
Sec. 41-34.3 Sound level limits.
(a) Sound levels for events at the Shell, whether amplified or not, shall not exceed 68 dBA for more than l0 percent of the time within any 20-minute period as measured at or near the New Otani Kaimana Beach Hotel at the makai side of Kalakaua Avenue in areas zoned Apartment/Hotel/Business and shall apply from ground level to a perpendicular plane projected above the height of the highrise buildings.
(b) Sound level limits established in subsection (a) of this section shall be applicable between the hours of seven a.m. through 10 p.m. of the same day.
(c) Under no circumstances shall a tenant or performer allow events within their control to continue after 10 p.m.
(Added by Ord. 91-88; Am. Ord. 96-58)
Sec. 41-34.4 Exemptions.
The provisions of this article shall not apply to:
(a) Occasional events of sigificant cultural benefit to residents of Oahu, including but not limited to, celebrations commemorating the beginning of a new year or ethnic and cultural festivals;
(b) One-time events designed for the purpose of significantly enhancing the economic well-being of the tourist industry, including but limited to, events scheduled for live broadcast outside the State of Hawaii.
(Added by Ord. 91-88)
Sec. 41-34.5 Measurement of sound levels.
(a) Certification. Persons conducting sound measurements for the enforcement of this article shall be personnel of the department of auditoriums who shall have been trained in the techniques of sound measurement and the operation of sound level meters or other sound measuring instruments and shall have been certified competent by the director of the department of health of the State of Hawaii.
(b) Sound level measurements shall be conducted using standard procedures with sound level meters using the "A" weighting and "slow" meter response unless otherwise stated.
(Added by Ord. 91-88)
Sec. 41-34.6 Violation-Penalty.
A tenant whose event exceeds the sound level limits established by this article shall, after notice and hearing, be subject to a fine of not less than one percent of the gross receipts or $500.00, whichever is greater, for the event that exceeds the sound level limits, or $500.00 for events for which no gross receipts are collected. (Added by Ord. 91-88)