HAR §11-46-2. highways or roads

"On-site vehicles" means fuel-, electric-, and air-powered vehicles, stationary and mobile, which are operated within the boundaries of a construction site or agricultural or industrial premises. "Open space" means any zoning district or parcel essentially free of structures that serves the purpose of visual relief and buffering from building or structural mass. "Operate" means perform or conduct any activity associated with an excessive noise source. "Owner" means the owner of the freehold of the premises or lesser estate therein, or mortgagees thereof, a lessee or agent of any of the aforementioned persons, a lessee of a device or the lessee's agent, a tenant, operator, or any other person who has regular control of the premises, or of an equipment, or of a device. "Party" means each person or agency named as party or properly entitled to be a party in any court or agency proceeding. "Permit" means written authorization from the director to operate any excessive noise source. "Person" means any individual, partnership, firm, association, public or private corporation, trust estate or any other legal entity, or the State or any of its political subdivisions. "Premises" means any property, including its structure and other surrounding property, which is used as a dwelling, or as a place of business, or as a place to construct, manufacture, or conduct any activity. "Property line boundary" means a line drawn through the points of contact of adjoining lands, apartments, condominiums, townhouses or duplexes, owned, rented, or leased by different persons; a demarcation or a line of separation of properties; and also, for any two or more buildings sharing common grounds, the line drawn midway between any two said buildings. For the purpose of this chapter, the property line includes all points on a plane formed by projecting the property line in a manner deemed appropriate by the director. "Public space" means any zoning district or parcel used, owned, or managed by the federal government, the State of Hawaii, or the counties to fulfill a governmental function, activity, or service for public 46-5 1969 §11-46-2 benefit, including but not limited to libraries, satellite city halls, public schools, and post offices. "School activity" means a public or private school function for students up through the twelfth grade which is approved by the school principal or an authorized representative. "Sound" means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. "Sound level" means the sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C, as specified in American National Standards Institute specifications for sound level meters. "Sound level meter" means an instrument or combination of instruments, which meets or exceeds the requirement for a type I or type II sound level meter as specified in the American National Standard Institute, ANSI S1.4-1983, specifications for sound level meters. "Sound pressure level" means twenty times the logarithm to the base ten of the ratio of the measured sound pressure to the reference sound pressure of 0.0002 dynes per square centimeter or twenty micropascals. "Stationary noise source" means any mechanical source of noise fixed in or on a station, course, or mode within any premises, including but not limited to mechanical air conditioning units, exhaust systems, generators, compressors, pumps, or other similar equipment. "Variance" means a special written authorization from the director to cause or emit excessive noise in a manner or amount in excess of applicable standards, or to do an act that deviates from the requirements of this chapter or any rules adopted under chapter 342F, HRS. "Zoning districts" means the land use districts established by rules or ordinances adopted by council, legislature, county, or state government agencies. [Eff SEP 2 3 1996 ] (Auth: HRS §§342F-3, 342F-31) (Imp: HRS §§342F-1, 342F-3, 342F-31) 46-6 1969