Waikiki is a noisy city within a city. A place of crowds, bustle and general cacophony. During the pandemic, Waikiki rediscovered serenity, but that time has passed, the racket has returned, and the noise level is building along with tourist numbers.
Some folks would like to turn down the volume, and that’s certainly reasonable. A bill making its way through the City Council would limit the sounds broadcast on public sidewalks in Waikiki, affecting primarily street performers who once again are lining Kalakaua Avenue.
Councilmember Tommy Waters’ bill is not targeted at the number or placement of the performers, but would limit their use of “sound-amplifying devices.”
Much of the testimony on Bill 43 came from residents who live just mauka of Kalakaua who described a worsening din. One drew a particularly colorful picture of a “ridiculous levels of over-the-top noise emissions” and a “carnival-like sideshow of screaming people.”
Others say they’re not against making music at street level, they’re against the amplification: “It is not necessary to have three loudspeakers on raised poles to enhance their performance.”
In this they are absolutely right. A tourist-centric place like Waikiki will never be a peaceful oasis, but those who live there do have a right to a tolerable level of surround sound.
At the same time, we need to acknowledge that street acts are part of the tapestry of the visitor experience all around the world. Outdoor performers in Waikiki are not in general “screaming people” — most are entertainers trying to make an honest buck. Some are families, some just enjoy performing. The crowds they draw show that people, both residents and visitors, do enjoy the show.
And many performers say they need some form of amplification to be heard over the white noise of Waikiki — traffic, primarily, but also voices and spillover from restaurants and nightclubs.
There’s a balance to be struck here, but it doesn’t seem that we can just trust everyone involved to be respectful and reasonable, so the city is going to have to play Solomon, balancing free-speech rights against the rights of both residents and visitors to a decent amount of peace.
Bill 43 Opens in a new tab does not outlaw sound amplifiers, but says they cannot be used “in such a manner as to create a noise disturbance.” What constitutes a disturbance awaits further revision, but the bill now states that the sound should not be unreasonable, or injurious to human health.
When it comes to specifics, the bill says that the sound when measured from 30 feet away should not exceed a certain decibel level — which has yet to be set, but should not annoy or disturb “a person of normal sensibilities.”
The penalty would be a fine of $100 for a first violation, ramping up to $1,000 plus 30 days jail time for repeat offenders. Police officers bearing sound meters would be charged with enforcement.
The definition of an amplifier could also use clarification. Loudspeakers on poles are not the only target, nor are oversized portable amplifiers. Included in the bill’s definition are tape decks, smartphones, even musical instruments. So if you play an instrument that tends to pierce the night — a drum or a trumpet, say — it might not matter that you’re not using an electrified amp.
Some fine-tuning is in order, but the intent here is completely reasonable. While creating a more livable atmosphere in the neighborhood, well-considered legislation can still allow for artistic expression and all the color that street performers bring to the Waikiki experience.
Making music is OK, just not at obnoxious levels.
