PART I. ABATEMENT OF NUISANCES

 

§322-1  Removal, prevention.  Thedepartment of health and its agents shall examine into all nuisances, foul ornoxious odors, gases or vapors, water in which mosquito larvae exist, sourcesof filth, and all causes of sickness or disease, on shore, and in any vessel,which may be known to them or brought to their attention, which in theiropinion are dangerous or injurious to health, and into any and all conditionscreated or existing which cause or tend to cause sickness or disease or to bedangerous or injurious to health, and shall cause the same to be abated,destroyed, removed, or prevented.

For purposes of this section, a nuisance shallinclude toxic materials that are used in or by-products of the manufacture orconversion of methamphetamine, and clandestine drug labs that manufacturemethamphetamine. [PC 1869, c 59, §9; am L 1911, c 111, §1; am L 1915, c 96, §1;RL 1925, §923; RL 1935, §1310; RL 1945, §2701; RL 1955, §47-1; am L Sp 1959 2d,c 1, §19; HRS §322-1; am L 2004, c 44, §23]

 

Case Notes

 

  Dumping of garbage at sea.  283 U.S. 473.

  Does not authorize board to destroy what is not a nuisance orto declare that to be which is not in fact a nuisance.  14 H. 533, 537.  Courtswill review board's actions when taken without notice to owner.  22 H. 327,345.

  Cited:  19 H. 628.