Kokua Line
Kokua Line
Police must hear violations
of boombox noise statutes
Question: My friends and I were having a discussion about boomboxes in cars. Wasn't there a law passed a few years ago about the loud noise created by boomboxes? If there is, why aren't the police enforcing it? Those boomboxes blaring dirty rap music lyrics are driving us crazy.Answer: There is a city ordinance dealing with "prohibited noise" (Revised Ordinances of Honolulu, Chapter 41-31.1) making it unlawful for a person "to play, use or operate or permit to be played, used or operated, any radio, tape recorder, cassette player or other machine or device for reproducing sound" on any public property (streets, highways, buildings, sidewalks, parks, etc.) or in "any motor vehicle on a public street, highway or public space" if the sound can be heard at least 30 feet from its source.
Police are authorized to issue citations, but only if they personally hear the violation.
The Honolulu Police Department does not compile overall statistics on the number of boombox noise citations issued, said Cpl. Leland Cadoy of District 6 (Waikiki). But "I can tell you our officers do (cite), especially in Waikiki, where complaints are numerous, whether from motorcycles or boomboxes."
Cadoy noted that for some people, especially the younger generation, "It doesn't seem to bother them -- the real heavy bass. But for older people, the low pitch is painful. So we get complaints that these guys are playing their stereos too loud."
However, violators are careful if they notice a police vehicle nearby, Cadoy noted. Ordinarily, "they don't care who's around them. But the minute they see a police car, they turn it down. They know it's a violation. All these kids know it's wrong, but it's their thing."
As a general guide, "We usually go by a length of three car lengths," estimating about 10 feet per vehicle, plus the space in between them, in determining distance, Cadoy said. When citations are issued, an officer generally has heard the music from more than 30 feet away, he said.
Police will take into consideration certain factors, such as if the noise is emanating from a convertible, in giving some motorists the benefit of the doubt, Cadoy said.
"We understand that if you're (driving) in a convertible, you have to turn (the sound) up a little louder because of all the street noise," he said.
Violators face possible penalties of $100 for conviction of a first offense, $500 for a second offense within six months of the first offense, and $1,000 or forfeiture of the sound system or components of the sound system up to $1,000 in value (or a combination of the two) for conviction of a third offense within one year of the first offense.
Q: How do you report a person who is not complying with the handicap parking law? There is a person who is not handicapped but who uses the placard as he pleases. Where can we complain about this?
A: You did not specify what you mean by "not complying" with the law. The danger is to assume that a person is not handicapped because his or her disability is not discernible to the eye.
"We know there is a lot of abuse (of the placard law) out there," said Francine Wai, executive director of the State Disability and Communication Access Board, "but not every disability is obvious." The board oversees the state's disabled-parking placard program.
If you're talking about a person who has a disabled-parking placard in his name, then that placard was issued based on a physician certifying the person has a disability that qualifies him for a parking placard. If that person is not really disabled, then the placard was issued by the state based on a false medical certification, Wai said.
If that's the case, you should send your complaint to the city prosecutor's office, she said. "The culpability is with the physician, not with the person (holding the placard)."
As of July 1, 2001, state law says a physician who fraudulently verifies that a person is disabled is guilty of a petty misdemeanor punishable by a maximum of $1,000 per offense.
If you suspect that someone is using someone else's parking placard, "then that is a clear violation of the law," Wai said. However, it's not something that you can just report, she said, because just having someone else's placard in your possession does not make you guilty of breaking the law.
"The person has to be caught and cited (by a police officer or disabled-parking officer) in the process of misusing it," Wai said.
Auwe
I was wondering if a fund-raiser is planned to aid the poor lady with three hands who drives a Ford Explorer in Kaneohe. I figured she must have three hands since she drives with one, holds a cell phone in the other AND still is able to thumb through papers in a manila folder. -- Amazed in Kaneohe
Mahalo
To the honest person who sent $10 attached to this note: "I tore a page from a small library book a year ago and feel bad about it. Here's $ to replace the book, in theory." In these days of suspicion about mail in unmarked envelopes, this one initially raised some concern, but it made the day for the entire staff. Some of the nicest people on the island come to Kaimuki Library. -- Kaimuki Library staff
Got a question or complaint?
Call 529-4773, fax 529-4750, or write to Kokua Line,
Honolulu Star-Bulletin, 500 Ala Moana Blvd., No. 7-210,
Honolulu 96813. As many as possible will be answered.
E-mail to kokualine@starbulletin.com