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HomeMy WebLinkAboutBIL 334 Draft 03 1998-2000 COUNTY OF HAWAII ,,,F,. ;~,i; STATE OF HAWAII BILL NO. 334 Draft 3 ORDINANCE NO. A BILL FOR AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 (1995 EDITION) RELATING TO FIREWORKS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14. article 5. relating to fireworks is repealed in its entirety. SECTION 2. Chapter 14 of the Hawaii County Code 1983 (1995 Edition~is amended b ay dding a new article 5 relating to fireworks and its fees and penalties to read as follows: "Article 5. Fireworks. Section 14-25. Title. This article shall be known as the Fireworks Code and shall apply to the importation, storage possession, sale, purchase transfer and discharge of fireworks within the County of Hawaii. Section 14-26. Definitions. ~ Whenever used in this article. unless the context otherwise requires: "Aerial common fireworks" means any firework. classified as in the regulations of the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0336 1.4G. which produces an audible or visible effect and which is designed to rise into the air and explode or detonate in the air or to fly about above the ground and which is prohibited for use by any person who does not have a permit for public display issued by the county under section 132D-16, HRS. "Aerial common fireworks" include firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daveo bombs, roman candles, flying_pigs, and jumpingjacks, which move above the ground farther than inside a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, aerial shells, and mines. "Common fireworks" means any firework designed primarily for retail sale to the public during~rescribed dates and whichproduces visible or audible effects through combustion and which is classified as common fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0336 1.4G. "County Fire Code" means the "Uniform Fire Code, 1988 Edition" (UFC~, and the "1989 and 1990 Uniform Fire Code Supplements," as cop~ri hg ted and published by the Western Fire Chiefs Association and the International Conference of Building Officials. "County Safety Code" means the "Uniform Building Code. 1994 Edition" as copyriehted and published by the International Conference of Building Officials. "Cultural" means relating to the arts, customs. traditions, mores, and history of all of the various ethnic groups of Hawaii. "Department" means the Fire Department, of the County of Hawaii. "Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, ex lop sion, deflagration, or detonation and classified as common or special fireworks -2- by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term "fireworks" shall not include automotive safety flares. nor shall the term be construed to include toy pistols toy cannons. tog ns, party poppers, pop-its or other devices which contain twenty-five hundredths of a grain or less of explosive substance. The term "fireworks" also shall include any explosives and pyrotechnics regulated under chapter 396, Hawaii Revised Statutes. "Import" (and any nounal. verbal, adjectival, adverbial. and other equivalent form of the term used interchangeabl~n these ruled means to bring or attempt to bring fireworks into the State or to cause fireworks to be brought into the State. "License" means a nontransferable, formal authorization, valid for a period not to exceed one year from the date of issuance to March 31 of the followingyear and which the department is hereby authorized to issue under chapter 132D. Hawaii Revised Statutes, to engage in the act or acts specifically designated therein. "Non-aerial common fireworks" means any firework, classified as common fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0336 1.4G. which produces an audible or visible effect and which is designed to remain on or near the ground and which. while stationary or spinning rapidly on or near the ground, emits smoke, a shower of colored sparks, whistling effects, flitter sparks or balls of colored sparks and combination items which contain one or more of these effects. "Non-aerial common fireworks" includes firework items commonlyknown as firecrackers which are sin_g]gpaper cylinders not exceeding one and -3- one-half inches in diameter containing a charge of not more than fifty milligrams of pyrotechnic composition, snakes. sparklers. fountains and cylindrical or cone fountains which emit effects up to a hei hg t not greater than twelve feet above the ground. illuminating torches, bamboo cannons, whistles. toy smoke devices, wheels. and ground spinners which when ignited remain within a circle with a radius of twelve feet as measured from the point where the item was placed and ignited novelty or trick items combination items, and other fireworks of like construction which are designed to produce the same or similar effects. "Permit" means a nontransferable, formal authorization valid for a period not to exceed one calendar year from the date of issuance and which a county is authorized to issue under chapter 132D, Hawaii Revised Statutes to engage in the act or acts specifically designated herein. 12 "Public display" means a public exhibition and the use of fireworks for commercial activities (including such activities as movie or television production). "Pyrotechnic composition" or "pyrotechnic contents" means the combustible or explosive component of fireworks. 14 "Special fireworks" means any firework desiigned primarily for exhibition display by producing visible or audible effects and classified as special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0335 1.3G and which are prohibited for use b~ny person who does not have a displaypermit issued by the county. "State fire code" means the State Model Fire Code as adopted by the State of Hawaii on March 27, 1992 pursuant to chapter 132, Hawaii Revised Statutes which model code adopts, with modifications, the "Uniform Fire -4- Code 1988 Edition" fUFC), and the "1989 and 1990 Uniform Fire Code Supplements." as copyri~hted and published by the Western Fire Chiefs Association and the International Conference of Building Officials. 16 "Unit" means one individual firecracker. Section 14-27. General license urovisions. jai Any person desiring to import, store, offer to sell, or sell at wholesale or retail aerial common fireworks, special fireworks, ornon-aerial common fireworks, or andperson desiring to possess aerial common fireworks or special fireworks within the County of Hawaii shall obtain a license issued bathe deparhnent. A license ma~only be issued to a person ei hg teen vears of age or older. Licenses are non-transferable. ~d,2 Licenses are valid only from the date of issuance or effect to March 31 of each Xear• ~ Licenses shall be prominently displayed in public view and secured at the location for which the license has been issued. ~f It shall be unlawful for anyperson other than a wholesaler who is selline or transferring fireworks to a licensed retailer, to sell or offer to sell any fireworks at any time to any person who does not present a permit duly issued as required by Section 14-29. The permit shall be si ne ed by the seller or transferor at the time of sale or transfer of the fireworks and the seller or transferor shall indicate on the permit the amount and type of fireworks sold or transferred; No fireworks shall be sold or delivered to anv permittee in any amount in excess of the amount specified in the permit, less the amount shown on the permit previously to have been purchased: and -5- No fireworks shall be sold to a permittee holding a permit issued for purposes of section 14-29, more than five calendar days prior to the designated periods for use as set forth in section 14-29. (g~ Persons to whom licenses are issued shall comp] wit~p~licable provisions of section 14-29 and with all applicable federal, state, and coup , laws. If a licensee fails to comply with the requirements of chapter 132D. Hawaii Revised Statutes, or applicable county laws, or if the department determines that the licensee stores or handles the fireworks in such a manner as to present an unreasonable safety hazard the department may immediately revoke the License. l~ If the department discovers at a later date that a licensee has been convicted of a felony under chapter 132D Hawaii Revised Statutes, the department shall revoke the licensee's license and no new license shall be issued to the licensee for a period of two years from the date of the license revocation. Section 14-28. A~ulications for licenses. ~ Applications for licenses to i~ort store, offer to sell. or sell, at wholesale or retail, aerial common fireworks. special fireworks. ornon-aerial common fireworks or applications for licenses to possess aerial common fireworks or special fu•eworks within the County of Hawaii may be obtained at the department or at those locations so desi nated b t~ he deparhnent. Lb,2 Applications for all licenses shall be submitted to the department at least twenty working. days from the date on which importing, storage, wholesaling or retailing activities would beein. ~ The fee for each license is payable to the County Director of Finance and must be submitted to the department with the application. The fee is non-refundable. The fee for each license required under this section shall be for each year, fraction of a -6- Year, or event in which the licensee plans to conduct business in the Count~of Hawaii where the permitted activity is to occur. The fee schedules are as follows: X3.000 for each importer j~ $2,000 for each wholesaler's site: $1,000 for each storage site: and $500 for each retailer's site. The department shall provide an exemption from the fees to nonprofit community coups for importation and storage of fireworks for displays once a year. ~ Completed applications for licenses may be delivered in person during business hours from 8:00 a.m. to 4:00 p.m. or mailed to the department. or to those locations so desi agn ted b the department. The application must include aself- addressed envelope of adequate size and sufficient postage. ~I The department shall determine whether or not to issue the license. Licenses or denials of licenses will be mailed to the applicant b t~ he department. jg,~ Applications for all licenses shall state the following The date of the application and the name, address, telephone number and age of the applicant; If the applicant is a sole proprietor, the name of the proprietor; If the applicant is a partnership, the name of the partnershio and the names of all partners; or If the applicant is a corporation the name of the corporation and the names and titles of its officers' If the license is to import fireworks. the application shall also include the followin¢: jA~ The address of the location of the im op rter: The date upon which importation will be in; and l~ Class and estimated quantity of fireworks to be imported; -7- If the license is to store offer to sell or to sell fireworks the application shall also include the followine: The date upon which the storage. sale, or offers for sale will begin: The address of the location of the licensee• The address where the fireworks will be stored. and the address where the sales or offers to sell will occur. The name of the proprietor, or, If a partnership, the name of the partnership and the names of all partners, or, If a corporation. the name of the corporation and the names of its officers. u An ime prior to or followine the issuance of a license the department ma a~ tits discretion, inspect the proposed location where the fireworks will be stored or sold, at wholesale or retail to ensure that the applicant is in compliance with the State Fire Code, County Fire Code and County Safety Code. The department may deny a license if the apnlicant is not in compliance with the requirements of these rules or chapter 132D, Hawaii Revised Statutes. If the de~arhnent discovers at a later date that a licensee has been convicted of a felony under chapter 132D, Hawaii Revised Statutes, the licensee's license shall be revoked and no new license shall be issued to the licensee for a period of two years from the date of the license revocation Section 14-29. Fireworks ermit. ~ Twes of~ermits: The following_ty~es of fireworks permits are available to the ublic: 1~ Permits for the~urchase of any non-aerial common fireworks may be issued for events set forth in section 14-29(b); -8- Permits for the purchase and use of anv non-aerial common fireworks may be issued for cultural purposes or events as set forth in section 14-29(b): Permits for the purchase and use of aerial common fireworks. special fireworks, or both, may be issued when the aerial common fireworks. special fireworks or both, are to be set off, ignited or discharged for ~nblic displays. Use ofnon-aerial common fireworks: when permit required. Non-aerial common fireworks. other than firecrackers, maybe used within the County of Hawaii during the following_periods without a permit: From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Dav; From 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day;,and ~C,l From 1:00 p.m. to 9:00 p.m. on the Fourth of Jules u A permit is required for the purchase and use of not more than 5,000 individual firecrackers when such use occurs during the time specified above in subsection (11. A permit is required if the proposed cultural use ofnon-aerial common fireworks, including firecrackers, is to occur at anv time not specified above in subsection (11. A Hermit issued pursuant to this section shall authorize purchase and the use of non-aerial common fireworks from 9:00 a.m. to 9:00 p.m. on the date for which the permit is issued: provided that not more than 5.000 individual non-aerial fireworks shall be allowed under each permit. u Permits for the permissible uses of aerial common fireworks and special fireworks. Aerial common fireworks and special fireworks may be purchased. set off. i nited, -9- or otherwise caused to explode within the County of Hawaii only if fo~ublic display and permitted in writing pursuant to section 14 30~dZ General permit provisions AnYperson desiring a permit as described in section 14-29 (al shall obtain a Hermit issued by the department The following_provisions shall apply to all permits• A Hermit may only be issued to a person eighteen years of age or older u An application for a permit may be issued to any~erson for cultural purposes. Permits are nontransferable. Permits are valid only when the fireworks are used at the site time and date so indicated on the ermit Permits shall be prominently dis;'la end in~ublic view at the site on the day at the time of the firine A permit may be denied if the ~ro_posed use of fireworks presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard. If the permittee fails to remain in compliance with the requirements as set forth in these rules or in chapter 132D Hawaii Revised Statutes the department may immediately revoke the Hermit L8,2 The date of issuance or effect and the date of expiration shall be noted on the permit. but in no case shall the expiration date exceed the period of one year from the date of issuance or effect of the permit Section 14-30 Application for permits ~ The followine provisions shall aQ~ly to all Hermit applications• Applications for permits shall be obtained at the department or at those locations so desi Hated by the department -10- Comroleted aroplications for permits may be delivered in person duri~ business hours from 8:00 a m. to 4.00 p m or mailed to the department or at those locations so designated by the department The application must include aself-addressed envelope of adequate size and sufficient ostage The department shall determine whether or not to issue the Hermit Permits or denials of Hermit applications will be mailed to the applicant bathe deparhnent. u Permits for the purchase of non-aerial common fireworks for desi ated eriods prescribed in section 14-29 relating to New Year's Chinese New Year and the Fourth of Julv. Applications for permits to purchase non-aerial common fireworks for use durine the designated periods prescribed in section 14-29(b shall be in writing, si ng ed b ty he applicant and shall include• l~ Name, age, telerohone number and address of the person and permittee. if different• Name(sl of the organization's corporation's club's establishment's, or other entity's proprietor(s~partner(s) or officers and verification that the person makin tg he application is the authorized agent of the entity Date of the permitted activi~ Location where the permitted activi~ is to occur and Estimated quantity ofnon-aerial common fireworks to be used under the permit, but not exceeding 5 000 units The fee for this permit is $25 payable to the County Director of Finance is non-refundable and must be submitted at the time of the application -11- l~ Anv purchase ofnon-aerial common fireworks with a permit issued pursuant to this section shall not occur more than five calendar davs prior to the designated periods for use as set forth in section 14-29(bZ A permit issued pursuant to this section shall not allow_purchase of non aerial common fireworks for more than one event as set forth in section 14 29(b1. u Permits for the purchase ofnon-aerial common fireworks for proposed cultural use during time periods other than designated time en rinds prescribed in section 14-29 b . The application shall be in writing ei ng ed by the applicant and shall include the following: Name, age, telephone number. and address of the person and permittee. if different Name(sl of the organization's corporation's club's establishment's or other entity's pro~netor(sl artner(sl or officer(s) and verification that the person making the application is the authorized agent of the enti l~ Name, address. telephone number and age of the person who will supervise the use of the non-aerial common fireworks• Estimated uantity ofnon-aerial common fireworks to be used under the permit. but not exceeding 5 000 units• and Date time period and posed cultural use of the non-aerial common fireworks. A person, including the proprietor partner comorate officer or duly authorized agent of any temple cemetery or any cultural association lion dance club, or other similar organization desiring to purchase discha~ fire, or explode non-aerial common fireworks for cultural~urposes or -12- occasions. or desiringprovide for the dischar~in firing or explodin~of non-aerial common fireworks by members of their organizations clients patrons or customers for cultural ~umoses or occasions may obtain a permit pursuant to this subsection. l~ The fee for this permit is $25. payable to the County director of finance is non-refundable and must be submitted at the time of the application. A permit issued pursuant to paragraph 2 of this subsection shall not allow purchase ofnon-aerial common fireworks for more than one event. u A permit may be issued to an establishment for the use ofnon-aerial common fireworks at the establishment during the period of the ep rmit Such permit may allow the establishment to purchase non-aerial common fireworks for cultural purposes s ecified in the permit j~ The fee for this permit is $25, savable to the County director of finance, is non-refundable, and must be submitted at the time of the application. The time period of the permit for the establishment shall not exceed six months. u Andpurchase ofnon-aerial common fireworks with a permit issued pursuant to this section shall not occur more than five calendar days prior to the desi nated periods for use as set forth in section 14-29 (bl and as stated on the ermit. {~d Permits for aerial common fireworks for special fireworks known as Public Display Permits. A permit may be issued to purchase and set off. ignite or discharge aerial common fireworks special fireworks or both for a public display -13- u The application shall be in writing sieved by the applicant and state the followine: l~ The name. age, and address of the applicant: ~B,~ The name. age, and address of the person who will operate the dis lay, and verification that the person is a licensed pyrotechnic operator as duly authorized by the State of Hawai`i• u The time date and blot plan of the place for the display The type and quantity of aerial common fireworks special fireworks or both. to be displayed; and The purpose or occasion for which the display is to be presented An application for a public dis~la~permit shall be submitted to the department not less than twenty workinng days before the proposed date of the public display. The fee for this permit is $110 for each year or fraction of a year in which the permittee plans to conduct business payable to the County Director of Finance is non-refundable. and must be submitted with the application No public display permit shall be issued unless the ap licant presents at the applicant's option. either: A written certificate of an insurance carver or a polioproviding for the payment of damages in the amount of not less than $5 000 for injury to, or death of, anYperson, and subject to the foregoing limitation for one person: in the amount of not less than $10 000 for injury to, or death of, two or more persons: and in the amount of not less than $5.000 for damage to property, caused by reason of the authorized display and arising from any tortious acts or negligence of the permittee, the permittee's agents, employees, or subcontractors The certificate shall state that the policy is in full force and effect -14- and will continue to be in full force and effect for not less than ten days after the date of the public display: or The bond of a suret~ompanv duly authorized to transact business within the State. or a bond with not less than two individual sureties who together have assets in the State equal in value to not less than twice the amount of the bond, or a deposit of cash. in the amount of not less than $10.000 conditioned upon the payment of all dama~ that may be caused to any person or property reason of the authorized display and arising from anv tortious acts or negli ence of the permittee, the permittee's agents, em l~oyees, or subcontractors. The security shall continue to be in full force and effect for not less than ten days after the date of the public displav. The department may require coverage in amounts greater than the minimum amounts set forth in Para raph (51 of this subsection if deemed necessary or desirable in consideration of such factors as: Location and scale of the displav: Type of aerial common fireworks, special fireworks. or both, to be used: and Number of spectators expected. Prior to the issuance of a public dis lay permit and at the discretion of the department, an inspection of the posed firing area may be re uired. Inspections, when conducted. shall ascertain compliance with National Fire Protection Association Standards 1123 entitled "Outdoor Display of Fireworks" or 1126 entitled. "Pyrotecnhics Before A Proximate Audience." 1995 Edition. which are incorporated herein by reference. -15- l~ A public dis~la~permit maybe denied by the department if the requirements imposed by this article or chapter 132D. Hawaii Revised Statutes are not met. Notwithstanding the foregoing. andpublic display permit issued by the department may be revoked or suspended immediatel~y the department for the following reasons: The climatic. atmospheric. or other conditions on the da, off the proposed firing may reasonably be believed to make the use of aerial common fireworks special fireworks or both hazardous topersons or grope , : or Any requirement imposed by this article or chapter 132D Hawaii Revised Statutes. or any condition of the permit necessary to minimize the dap er to persons or property is not met. Section 14-31. Importation, bill of lading, notification and storage. ~ Licensee's duty of notification. u Anv person who has obtained a license pursuant to section 132D-7. Hawaii Revised Statutes. and ships fireworks into the County of Hawaii shall: Clearly designate the types of fireworks in each shipment on the bill of lading or ship~~ manifest. Declare on the bill of ladin og r shipping manifest the gross wei hg t of aerial common fireworks. non-aerial common fireworks. and special fireworks to be imported in each shipment. Declare on the bill of ladin or shipping manifest. the location of the storage facility, if applicable. in which the fireworks are to be stored. Prior to shipment. notify the fire chief of the department re ag rding whether the shipment will be distributed from: -16- l~ Pier to pier: ii Pier to warehouse or storage facility: or iii Pier to redistribution. At the time shipping is booked. the importer or consignee shall notify the fire chief of the department in writing of the expected shipment's landing date. Discretionary inspection of shipment of fireworks. The department shall be allowed to inspect if it chooses any shipment declared on the shipping manifest as fireworks when a shipment of fireworks has landed and becomes subject to the iurisdiction of the department. ~ Approval to store fireworks. u The facility in which fireworks are to be stored must: Obtain the approval of the department fifteen days prior to the shipment's arrival: and Satisfy the requirements of the State Fire Code. County Fire Code and Coun , Safety Code. Ld,2 Importation of aerial common fireworks. special fireworks. or both, for public display. Aerial common fireworks special fireworks. or both, shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory: except that if a licensee under section 14-28 provides aerial common fireworks, special fireworks, or both, for public displays as allowed under sections 14-30L) more than once a month, the licensee may import or store, if necessary, sufficient aerial common fireworks. special fireworks. or both for asix- month inventory -17- Section 14-32. Public information. ~ The public may obtain infonmation about matters within the jurisdiction of the deparhnent by inquiring at: The office of the county clerk, where there are on file all rules of the department: or at u The office of the Hawaii County fire deparhnent. Department files which are subject to inspection by the public pursuant to chapter 91, Hawaii Revised Statutes, may be examined upon request. Lc,2 Inquiry maybe made in person at the department's office durine regular business hours, or by submitting a request for information in writing to the fire chief. l~ Copies of the department's proposed and final rules and all public records of the department are available upon payment of the fees established by statute or county ordinance. Section 14-33. General prohibitions. It shall be unlawful for andperson to: ~ Remove or extract the pyrotechnic contents from any fireworks: u Throw any ignited fireworks from a moving vehicle; ~ Set off, ignite, discharge or otherwise cause to explode any fireworks: At any time not within the periods for use prescribed in section 14-29 unless permitted pursuant to section 14-30 of this article: L2,2 Within one thousand feet of any operating hospital, convalescent home, home for the elderly or animal hospital; u In any school building or on any school grounds and yards on any occasion and On any highway, alley, street, sidewalk or other public way in any park: within fifty feet of a canefield: or within one thousand feet of any building -18- used for public worship during the periods when services are held• except as may be permitted pursuant to section 14-30. ~d,2 It shall be unlawful for any person to offer for sale, sell, or ig ve any fireworks to minors, and for any minor to possess, purchase, or set off, ignite, or otherwise cause to explode any fireworks, except that the parents or guardians may allow the minor to use fireworks while under the immediate supervision and control of an adult. Section 14-34. Penalties. u AnYperson importing aerial common fireworks or special fireworks without having a valid license under section 132D-7. Hawaii Revised Statutes. shall be guilty of a class C felonk Andperson purchasing, possessing, setting off, igniting, or discharging aerial common fireworks or special fireworks without a valid permit under sections 132D-10 and 132D-16. Hawaii Revised Statutes, or storing sellin , or~ossessing aerial common fireworks or special fireworks without a valid license under section 132D-7. Hawaii Revised Statutes: If the total weight of the aerial common fireworks or special fireworks is twenty-five pounds or more, shall be guilty of a class C felony: or If the total weight of the aerial common fireworks or special fireworks is less than twenty-five pounds shall be guilty of a misdemeanor. ~ Andperson who transfers or sells aerial common fireworks or special fireworks to a person who does not have a valid permit under sections 132D-10 and 132D-16. Hawaii Revised Statutes, shall be guilty of a class C felonX Ld,~ Any person who removes or extracts the pyrotechnic contents from any fireworks and uses the contents to construct fireworks or a fireworks related device shall be guilty of a misdemeanor. -19- u Except as provided in subsections (al. (bl. (cl. and (d), or as otherwise specifically provided for in chapter 132D, Hawaii Revised Statutes, any~erson violating any other provision of chapter 132D, Hawaii Revised Statutes. shall be prosecuted pursuant to Section 13-11, penalties section of the Hawaii County Charter, as amended." Section 14-35. Sale to Minors. It shall be unlawful for anv person to offer for sale, sell or give anv fireworks to minors, and for anv minor to possess, purchase, or set off, ignite, or otherwise cause to exnlode a~ fireworks, except as provided in section 14-36. Section 14-36. Liability of Parents or Guardians. The Qarents, guardians. and other persons having the custody or control of any minor, who knowingly permit the minor to possess, purchase. or set off, i ing te, or otherwise cause to explode anv fireworks, shall be deemed to be in violation of this article and shall be subject to the penalties thereunder, except that the parents or guardian may allow the minor to use fireworks while under the immediate supervision and control of the parent or guardian, or under the supervision and control of another adult. SECTION 3. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. -20- SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: AJ: a/AFireworksOrd. wpd REFERENCE: Corruu. _ 956.0()7 -21-