ORD 2016-107 2014-2016 - Laserfiche WebLink

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for displays as allowed pursuant to this article more than once a month, the licensee may import or store, if necessary, sufficient aerial devices, display fireworks, or articles pyrotechnic, for a six-month inventory. Division 6. Enforcement and penalties. Section 26-2-61. Penalties. (a) Any person who imports fireworks or articles pyrotechnic without having a valid license pursuant to this article shall be guilty of: (1) A class C felony for shipments of up to and including ten thousand pounds gross weight; and (2) A class B felony for shipments of more than ten thousand pounds gross weight. (b) Any person who purchases, possesses, sets -off, or discharges fireworks or articles pyrotechnic without a valid permit or who stores, sells, or possesses fireworks or articles pyrotechnic without a valid license pursuant to this article shall be guilty of: (1) A class C felony if the total weight of the fireworks or articles pyrotechnic is twenty- five pounds or more; or (2) A misdemeanor if the total weight of the fireworks or articles pyrotechnic is less than twenty-five pounds. (c) Any person who transfers or sells fireworks or articles pyrotechnic to a person who does not have a valid permit pursuant to this article, shall be guilty of a class C felony. (d) Any person who commits the following acts shall be guilty of a misdemeanor: (1) Removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic; or (2) Removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic and uses the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related device. (e) Except as provided in subsection (a), or as otherwise specifically provided for in this article or chapter 1321), Hawaii Revised Statutes, any person violating any other provision of this article or chapter 1321), Hawaii Revised Statutes, shall be fined not more than $2,000 for each violation. (f) Notwithstanding any penalty set forth herein, violations of paragraphs 26-2-61(a)(1) or 26- 2-61(a)(2) may be subject to nuisance abatement proceedings provided in chapter 712, part V, Hawaii Revised Statutes." SECTION 4. Severability. 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. 17