08-04-2015, 04:25 AM
Just in case this wasn't known as it appears to have never been brought up in previous threads regarding the noise subject. The State does have a noise law on the books that deals with basic nuisance noises.
It falls under Disorderly Conduct as seen here in 1-b and people have been convicted of the offence for making noise here on the big island. I know of one case in particular up the street from us that occurred a couple years back. It seems like a hard core way to deal with noise and thus a simple county ordinance that's more of an infraction and fine is a more reasonable approach in my opinion. A disorderly conduct charge is harsh IMO but then again it's the only currently available recourse.
"§711-1101 Disorderly conduct. (1) A person commits the offense of disorderly conduct if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person:
(a) Engages in fighting or threatening, or in violent or tumultuous behavior;
(b) Makes unreasonable noise;
© Subjects another person to offensively coarse behavior or abusive language which is likely to provoke a violent response;
(d) Creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit; or
(e) Impedes or obstructs, for the purpose of begging or soliciting alms, any person in any public place or in any place open to the public.
(2) Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, the person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or the failure to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced.
The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation.
(3) Disorderly conduct is a petty misdemeanor if it is the defendant's intention to cause substantial harm or serious inconvenience, or if the defendant persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a violation. [L 1972, c 9, pt of §1; am L 1973, c 136, §9(a); am L 1974, c 164, §1; am L 1978, c 182, §1; am L 1979, c 79, §1; gen ch 1993; am L 2003, c 48, §2]"
It falls under Disorderly Conduct as seen here in 1-b and people have been convicted of the offence for making noise here on the big island. I know of one case in particular up the street from us that occurred a couple years back. It seems like a hard core way to deal with noise and thus a simple county ordinance that's more of an infraction and fine is a more reasonable approach in my opinion. A disorderly conduct charge is harsh IMO but then again it's the only currently available recourse.
"§711-1101 Disorderly conduct. (1) A person commits the offense of disorderly conduct if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person:
(a) Engages in fighting or threatening, or in violent or tumultuous behavior;
(b) Makes unreasonable noise;
© Subjects another person to offensively coarse behavior or abusive language which is likely to provoke a violent response;
(d) Creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit; or
(e) Impedes or obstructs, for the purpose of begging or soliciting alms, any person in any public place or in any place open to the public.
(2) Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, the person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or the failure to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced.
The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation.
(3) Disorderly conduct is a petty misdemeanor if it is the defendant's intention to cause substantial harm or serious inconvenience, or if the defendant persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a violation. [L 1972, c 9, pt of §1; am L 1973, c 136, §9(a); am L 1974, c 164, §1; am L 1978, c 182, §1; am L 1979, c 79, §1; gen ch 1993; am L 2003, c 48, §2]"