Ask the Mayor: Is There an Ordinance Regarding Golf Course Noise?April 4, 2016, 7:59 AM HST · Updated April 4, 8:00 AM 0 Comments
Mayor Alan Arakawa answers some of the questions submitted to his office staff.
Submit your own questions about County of Maui programs, services, operations or policies to Mayor Alan Arakawa via email at [email protected], call 270-7855 or send them by mail to 200 S. High St., 9th Floor, Wailuku, HI 96793. Questions submitted will be considered for inclusion in the “Ask the Mayor” column.
Q: I live near a golf course. It is 5:16 a.m. and I have already sent the following email to the Maui Police Department, as I only get the golf course reservation system when I call and they don’t take complaints.
The golf course typically has mowers/machines on the course at 5 a.m., which is bad enough, but today they were out at 4:30 a.m.!
I have spoken to them numerous times about early mowing/machines on the course, but they say there is no law that prohibits them from doing this.
Would you please let me know what my rights are as a resident when it comes to this excessive noise? I appreciate it. Mahalo.
A: You have the right to call Maui Police Department’s non-emergency line (244-6400) to report the noise, under the Hawai‘i Revised Statute prohibiting Disorderly Conduct (HRS §711-1101). This statute includes unreasonable noise as a manner of disorderly conduct, including the… nature of the location and the time of the day or night.
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.
So if you call the golf course management to no avail, you can file a police report about the early morning noise.
Under Maui County Code, agricultural operations are exempt from ag “nuisance laws” that place limits on noise, odors and other potentially disruptive operations related to farming, but the golf course near your home is on golf course-zoned land and does not appear to be engaged in farming.