PART I. 
ABATEMENT OF NUISANCES



 



§322-1  Removal, prevention.  The
department of health and its agents shall examine into all nuisances, foul or
noxious odors, gases or vapors, water in which mosquito larvae exist, sources
of 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 their
opinion are dangerous or injurious to health, and into any and all conditions
created or existing which cause or tend to cause sickness or disease or to be
dangerous or injurious to health, and shall cause the same to be abated,
destroyed, removed, or prevented.



For purposes of this section, a nuisance shall
include toxic materials that are used in or by-products of the manufacture or
conversion of methamphetamine, and clandestine drug labs that manufacture
methamphetamine. [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 or
to declare that to be which is not in fact a nuisance.  14 H. 533, 537.  Courts
will review board's actions when taken without notice to owner.  22 H. 327,
345.



  Cited:  19 H. 628.