Take Action Against Illegal Motorcycle Noise in Kailua Gardens

Kailua Gardens is a residential neighborhood located in the town of Kailua on Oahu, Hawaii. Kailua Gardens consists of the following condominiums:  Windward Passage, Koolau Vista, Gardenia Manor, Poinciana Manor, Windward Cove, Windward Harbor, Hokulani

There have been many complaints of excessive noise emitted by motorcycles and vehicles in the neighborhood. 

The purpose of this petition is to increase awareness and persuade the Board of Kailua Gardens to take action against illegal motorcycles in the following manner:
1) Require registration of all resident and tenant motorcycles with the Board of Kailua Gardens
2) Issue monetary fines to those who engage in the illegal activity of  installing and/or modifying pipes and exhaust systems on their motorcycles. The revenues from the fines can go towards Kailua Gardens' road maintenance.
What makes motorcycles and vehicles noisy is when riders modify the muffler tailpipe or install an aftermarket exhaust system that is not street legal. The Environmental Protection Agency (EPA) sets noise emissions standards. The standard for street-legal exhaust noise emissions is 80 dB(a). For  motorcycles, the law requires a visible display of an EPA label on the chassis and exhaust pipe. Riders can legally buy and install aftermarket exhaust systems, however models sold by retailers are not street-legal and are intended for off-road or professional track use only. If it does not have the EPA label stamped on the exhaust pipe, it is illegal. 

Noise pollution is unwanted human-created sound that has the effect of being annoying, distracting, painful, or physically harmful. People exposed to noise pollution suffer from hearing loss, sleep deprivation, chronic fatigue, anxiety, hostility, depression and hypertension. World Health Organization, National Institutes of Health, United Nations and numerous scientific and medical publications recognize noise pollution and its deleterious effects.
The intense sound caused by loud vehicles easily triggers an involuntary stress response commonly known as "flight or flight." This results in the secretion of adrenaline, with ensuing spikes in cardio-respiratory rates, muscle tension, and elevated blood pressure. Vibroacoustic Disease is a cumulative and chronic disease caused by exposure to infrasound. Infrasound is low frequency sound energy that affects the nervous system and prolonged exposure can lead to progressive medical conditions.

Noise complaints should be solved by enforcement!
Current Muffler Law in Hawaii:
291-24 Motorcycles and mopeds, noisy mufflers; penalty. (a) Every motorcycle and moped moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. No person shall modify the exhaust system of a motorcycle or a moped in a manner which will amplify or increase the noise emitted by the motor of such motorcycle or moped above that emitted by the muffler originally installed on the motorcycle or moped except a motorcycle or moped that:
(1) Has three wheels; (2) Is powered by an electric motor; (3) Has a full body enclosed cab; and (4) Has a seat belt assembly or a child restraint system for the driver and passenger;
shall not be required to be equipped with a muffler. (b) As used in this section, "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical
design, for the purpose of receiving exhaust gas from the engine of the motorcycle or moped, and being effective in reducing noise. (c) Whoever violates this section shall be fined not more than $100. [L 1949, c 21, %uFFFD1; RL 1955, %uFFFD311-27; HRS %uFFFD291-24; am L
1978, c 222, %uFFFD7; am L 1986, c 189, %uFFFD1; am L 1994, c 120, %uFFFD4]
291-24.5] Motor vehicle muffler. (a) No person shall use on a public highway, sell, alter or install a muffler which will noticeably increase the noise emitted by a motor vehicle above that emitted by the vehicle as equipped from the factory.
(b) Any violation of this section shall constitute a violation and shall be enforceable by police officers. The fine for this violation shall be not less than $25 nor more than $250 for each separate offense. Any person who violates the provisions of this section may be issued a summons or citation for such violation. [L 1977, c 79, %uFFFD1]
291-22 Regulation of exhaust pipe and muffler. It shall be unlawful for any person to drive upon the public highways any motor scooter, as defined in section 286-2, the exhaust pipe or muffler of which has been so changed from the factory design as to increase the volume or audibility of the explosions within the motor thereof. [L 1941, c 140, %uFFFD2; RL 1945, %uFFFD11718; RL 1955, %uFFFD311-24; HRS %uFFFD291-22; am L 1979, c 105, %uFFFD28]

We at KG Sound Off appreciate your concern and assistance in making Kailua Gardens a peaceful, clean, and safe place for all.
We the undersigned are concerned about the excessive and illegal noise being emitted by motorcyles in Kailua Gardens.  According to State of Hawaii ordinance 291-22,  it is illegal to install after-market pipes or mufflers that are designed to increase "volume or adudibility of the explosions within the motor thereof."  We residents believe that it is the responsibility of the Board of Kailua Gardens to send a message that the neighborhood will not tolerate illegal activities.

In addition to being illegal, the noise created by these illegal after-market exhaust pipes are documented to affect human health as reported by the World Health Organization, National Institute of Health, United Nations, Environmental Protection Agency, and numerous scientific and health publications.  Intense sound caused by loud motorcycles can lead to high blood pressure, adrenal disturbances, and Vibroacoustic Disease which is a chronic and progressive disease caused by exposure to low frequencies as is the case of illegal exhaust systems and tailpipes.

Lastly, the increasing noise in our neighborhood affects the real estate market value of the condominiums and this should be a concern to all homeowners in Kailua Gardens.  Interviews with several real estate agents list "quiet neighborhood" as one of the top 5 priorities for home buyers. Peaceful neighborhoods are considered to be rated at higher market value than loud and noisy neighborhoods.

We propose that resident and tenant motorcyles be registered with the board and should have required EPA stamped exhaust systems and tailpipes. Those who don't comply should be fined. Revenues earned by the fines may go to maintenance of roads in Kailua Gardens.

We urge you to take action. Just Say No to Illegal noise in our neighborhood!
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