An Overview of Noise Ordinances in Hawaii
To maintain peace and harmony in a community, there must be some limits on noise. After all, we do not want the entire community to be subject to a loud rock concert or a perpetual barking dog. The State of Hawaii has adopted rules, ordinances, and statutes that prohibit excessive noise. This section briefly explains the types of regulations in place and where they can be found.
The State of Hawaii adopts statutes that prohibit excessive noise during inappropriate times or in an inappropriate manner. These rules apply statewide unless a county has adopted ordinances/administrative rules to govern the same subject matter.
The State of Hawaii has adopted a general plan for the State. It includes policies on noise control. Generally, the policy sets out the desired outcomes for the State. It guides state agencies when developing actions to carry out the policies. It also sets out some general regulations regarding noise:
Each county in the state adopts an overall land use plan. See , e.g., HRS § 226-4. These plans include specific plans for noise control in various areas within each county. These plans may include items such as permitted noise levels, hours of construction, hours of operation of facilities, etc.
Each county within the State is granted the authority to adopt its own noise ordinances or administrative rules to govern noise regulations within each county. Thus, each county may have administrative rules, ordinances, or a combination of the two.
All State agencies, including small business regulatory boards, along with city and county agencies have adopted rules governing noise. All rules must comply with their respective policy and plans governing noise.
There are numerous sources of noise regulations within the State of Hawaii. All administrative agencies within the State must comply with the rules governing noise. Each industry may have to comply with both state and county noise regulations.
Major Noise Laws and Ordinances
The State of Hawaii and its cities have strict noise ordinances in place, though not every locality has its own. Generally, Hawaii’s noise restrictions touched on the general decibel levels and times related to music and other loud sounds associated with community events.
The State of Hawaii Administrative Rules §177-22 places restrictions on noise from 10 p.m. and 7 a.m. Basically, regulations state that in "a mixed agricultural-residential community where (1) homes are constructed close to highways or freeways, (2) outdoor activities (e.g., canning, fruit packing) occur at night, and (3) some noise occurs from agricultural operations such as fertilizing at night," you are not allowed to keep or maintain "a radio, musical instrument, or other machine or device such as a tape or compact audio player excessively loud."
Hawaii Administrative Rules 13-232-46 also contains restrictions that apply to "elevated noises" which are music, construction noises, or anything similar that is unable to be contained. These "elevated noises" are prohibited from 10 p.m. to 7 a.m., and when occurring during times that cannot be directly controlled, like construction workers or street musicians, residents can file complaints with the Department of Land and Natural Resources (DLNR).
Hauula Neighborhood Board No. 28 of Oahu has a report stating how noise restrictions are lax in those areas away from the marketplaces. However, for those who want to cater their events according to ordinances, it is suggested that people reference the Community Noise and Vibration Program.
The City of Honolulu’s Department of Environmental Services (DES) has noise ordinances that apply to the city, including decibel levels for construction in commercial areas. Commercial projects can occur Monday through Saturday from 7:00 a.m. to 6:00 p.m. about, with no more than four employees in the area, and a limit on decibels allowed.
Noise restrictions statewide include a ban on fireworks, lawn mowing, and car repairs after 10 p.m.; restrictions on loud music or noise from vehicles and parties; bans on outside yard work, lawn maintenance, and construction on Sunday; and charges for people caught violating these laws.
Dealing with Noise Complaints: What Residents Can Do
If Hawaii residents find themselves living next to a popcorn-popping synthesizer that plays all evening, year-round, or the friendly neighborhood karaoke machine that gets cranking every Friday, Saturday and Vespers, there are steps they can take – in some cases, to obtain some relief from the noise.
The source of the noise will dictate how a noise complaint should proceed. If it’s a private, unofficial, unregulated party lifestyle that is causing the noise, then the aggrieved person can reach out to his or her local police department.
For example, if the noise is from nearby neighbors (whether it’s blasting of Aloha Kava, or 10,000 Japanese tourists recreating scenes from Beach Blanket Bingo), the aggrieved person can call the police department of their island (Oahu’s number is 911, whereas the Big Island calls itself the Office of Communicable Disease Control at 974-6000). The police department can come out and potentially intervene, as well as providing the aggrieved resident an opportunity to file an official noise complaint.
Most of Hawaii’s civil noise law is found in HRS Section 46-40.3. Local noise rules can be found in the ordinances for each particular county. Oahu’s noise ordinances are found in ROH Chapter 15 (Private Properties and Other General Business Regulations), while Maui’s noise ordinances are found in MCC Chapter 8 (Noise Control). Kauai has no noise ordinances, but may adopt them in the future. Hawaii County also has no noise ordinances, but has adopted noise regulations into its Coast Zone Management provisions (HCC Chapter 10, Sections 4A and 4B). In other words, if you’re not from Oahu and have a noise complaint, just drive slowly until you get to see someone from the Honolulu City Council.
Noise ordinances typically follow a measured approach to noise complaints. For civil noise issues, there is usually some form of acceptable noise levels set forth. For example, Oahu’s ROH Chapter 15 defines "maximum allowable noise levels" to mean a maximum of 55 decibels for residential zones, and 60 decibels for commercial, industrial, or resort zones. If you’re reciting your 10 volumes of Thomas Jefferson’s papers at 2am on a Tuesday, you’re going to have a problem.
After exceeding the noise decibel level, the land owner of the property is then given a notice of violation. They have a certain period of time to mitigate the situation, or subject themselves to future, more serious action. In other words – they have an opportunity to turn down the noise or face the potential of legal liability.
It is incredibly unlikely that a random noise complaint would move to the next step, in which a notice of violation is issued and a hearing is held. The city or county begins to act with when a noise violation is reported by police or officials, and then further violated after a notice is given. Although it’s very possible that the police will just ask that the noise be turned down or shut off.
Ultimately, as with anything, it’s better just to talk to your neighbor, before—and not after—calling the police. But if the problem truly persists, these ordinances allow aggrieved residents to take action to maintain the peace.
Exemptions and Special Considerations
Hawaii state law provides exemptions from the law where the noise is caused in the course of the performance or rehearsal of music, including Hawaiian "cultural practices," such as hula. The law also exempts any "law enforcement or other governmental agency or serviceman engaged in the performance of his duty, and any broadcast transmitter and media approved by the Federal Communications Commission to operate under a license, or any person engaged in broadcasting any sound or noise as part of the function of said licensee."
Some counties and cities have noise ordinances which may require permits or allow other exceptions to the statewide noise law. For example, Hawaii County’s noise ordinance exempts all "sound produced by the testing of a siren, horn or other mechanical noise making device." However, it appears that no formal permit application is required except where construction is occurring.
Moreover , pursuant to Honolulu’s noise ordinance, a person or entity may apply for a special event permit at least 60 days prior to the date of the event. The permit must be approved at least ten days prior to the special event and must be signed by an officer of the nonprofit corporation or organization. The noise must be in connection with a festival or celebration, and the event may not exceed three consecutive days in duration. No more than two permits are permitted in any calendar year unless more are approved by a Vantage Committee upon "good cause" showing.
Honolulu’s ordinance exempts sounds "produced by any sound emitting device that is an integral and/or customary property of motor vehicles" unless the sound-producing equipment is "used to amplify electronic speech or music from within a moving or parked vehicle."
Penalties for Violating Noise Regulations
Enforcement of Noise Ordinances in Hawaii brings with it penalties for those who violate the Noise Laws. These include fines, cease and desist orders, and restraining Orders to cease and desist the production of noise in violation of any enactment, regulation, order, or permit. These enforcement actions are taken by authorized officials or an officer of the Department of Health of the State of Hawaii. Sanctions imposed for violations may be either civil or criminal penalties. Civil penalties are usually $500.00 per violation and up to $10,000.00 for continuing violations. Criminal penalties on the other hand, may impose a fine of $1,000.00 for each subsequent offense.
Strategies for Staying within Noise Laws
Whether you are an individual or business, there are many ways to comply with the law and avoid potential legal issues. Here are some tips to consider:
- Conduct your own decibel readings or hire a professional company to check decibel levels. If levels are within statutory limits, you will not be subject to government enforcement, civil lawsuits and you can go about your business without worry.
- Learn more about your community’s noise laws. While decibel levels are one guide , each county may have specific rules for hours of operation or other requirements that will avoid legal issues.
- Speak with an attorney. It is important to know your rights if you plan to bring a noise lawsuit.
- Do not assume that decibels are the only noise threshold in your county. There may be noise that is considered a violation even if it is under decibel levels.
- Find out if there are any available exemptions. If your noise levels fall outside of the limits but would otherwise be considered a noise nuisance, see if the law has any exemptions that you could use.
- If your business or construction project will require a lot of noise, reach out to neighbors and let them know about the issue ahead of time. Let them know why the noise is being made, how long you expect it to last, and what you are doing to reduce the negative impact of the noise on community members.