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HomeMy WebLinkAboutORD 2000-137 2000-2002 COL`\tTY OF HAWAII STATE OF HAWAII BILL NO. 334 (Draft 4) ORDINANCE NO. 00 - 137 .4 BILL FOR AN ORDINANCE AA4ENDI\G CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 (1996 EDITION) REL 4TING TO FIRER%ORKS BE IT ORDAINED BY THE C'OLTCIL OF THE C'OL\TY OF HAWAII SECTIO\ 1 Chapter 14, article 6, relating to fire~iorks ~s repealed m rtti entirety SECTION 2 Chapter 14 of the Hawaii County Code 1983 (199 Edition is amended by adding a new• article 6 ielahng to fireworks and us fees and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 appl.• t~ o the unportat~on, storage, possession, sale, purchase, transfer and discharge of fireworks within the County of Hawaii Section 14-26. Definitions. ~ y1%henever used m this article, unless the context otherwise requires "Aenal common fireworks" means any fire~3•ork, classified as m the reeulat~ons of the L"rated States Bureau of Explosives or contained m the reeulat~ons of the Lmted States Department of Transportation and designated as UN 0336 1 4G, which produces an audible or w~sible effect and ~ti h~ch is designed to nse into the air and explode of detonate m the air or to fly about above the ground and which ~s prohibited for use b. an~• person who does not have a pernut for public display issued by the county under section 132D-16, HRS ` _Aenal common fireworks" mchule firework items commonly lurown as bottle rockets, sky rockets, missile-type rockets helicopters, torpedoes, daveo bombs, roman candles, flymgprgs and ~umpmg_~acks, which move above the eround farther than inside a circle with a radius of twelve feet as measured from the point where the item was placed and rgnrted, aenal shells, and mines "Common fires;-orks" means any firework desr~prrmanly for retail sale to the public dunn~prescnbed dates and which produces visible or audible effects throueh combustion and which is classified as common fireworks by the United States Bureau of Explosives or contained m the reeulations of the united States Department of'Transportatron and designated as UN 0336 1 4G "County Frre Code" means the "Uniform Fue Code. 1988 Edrtron" (UFCI and the "1989 and 1990 Uniform Fire Code Supplements," as copyn~hted and published bti~ the Vb'estern Frre Chiefs Association and the Intonational Conference of Building Officials "County Safety Code" means the "Uniform Bwldm~ Code, 1991 Edrtron" as cop~ehted and published by the International Conference of Burldma Officials "Cultural" means relating to the arts, customs, traditions, mores. and histon• of all of the vanous ethnic roues of Hawaii "Department' means the Frre 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, explosion, deflagration, or de[onanon and classified as common or speoal fireworks by the linrted States Bureau of Explosives or contained m the regulations of the United States Department of Transportation and desrgrrated as CJV 033 1 3G or L'~1 0336 1 4G The term "fireworks" shall not include automotive safety flares, nor shall the teen be construed to include toy pistols, toy cannons, toy uns, part poppers, pop-its or other devices which contain twenty-five hundredths of a Aram or less of explostve substance The terns "fireworks" also shall include any explosives and Qyrotechmcs reQUlated under chapter 396, Hawar'r Revised Statutes u "[mport" (and any nounal, verbal, adjectival, adverbtal, and other ecturvalent form of the term used Interchangeably rn these rulesl means to bnn@ or attempt to brine 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 Viarch 31 of the followmt~year and which the department Is hereby authorized to Issue under chapter 132D, Hawatl Revtsed Statutes. to engage m the act or acts ~ectfically deslenated therein f 10) "Von-aerial common fireworks' means any firework, classified as common fireworks by the United States Bureau of Explosives or contained m the regulations of the United States D~artment of Transportation and designated as LTA 0336 1 4G, which produces an audible or visible effect and which Is designed to remain on or near the ground and which. w•htle stationary or spinning rapidly on or near the ground, emus smoke. a shower of colored sparks, whtsdmg_effects, flitter sparks or balls of colored sparks and combination items w•hrch contain one or more of these effects "Von-aerial common fireworks" includes firework items commonly known as firecrackers whtch are stnal.. e paler cylinders not exceeding one and -3- one-half inches m diameter contammC a charge of not more than fifty milLCrams ofpyrotecluuc composrt~on, snakes, sparklers, fountains. and cylindrical or cone fountains whtch emit effects uQ to a hey ht not re eater than rivelve feet above the ground, illuminating torches, bamboo cannons. whistles, roy smoke devices, wheels, and ground spinners which when ~enrted remain within a circle with a radius of riveh-e feet as measured from the point where the item was placed and ignited, novelty or trick its combination items, and other fireworks of like constniction which are designed to produce the same or similar effects 1 1 "Permit" means a nontransferable, formal authorization. valid for a_penod not to exceed one calendar year from the date of issuance and which a county is authorized to issue under chanter 132D, Hawaii Revised Statutes. to enga>?e m the act or acts specifically designated herein f 12~ "Public d~splay" means a public exhibition and the use of fireworla for commercial activities (mcludm¢ such activities as movie or television production) 1L3,1 "Pyrotechnic composition" or "pyrotechnic contents" means the combustible or explosive component of fireworks "Special fireworks" means any firework desi ivied primarily for exhibition display producing visible or audible effects and classified as special fireworks by the L"nited States Bureau of Explosives or contained m the regulations of the United States Department of Transportation and designated as C.~ 033 1 3G and which are prohibited for use b~nv person who does not have a display permit issued by the county "State fire code" means the State Model Fire Code as adopted by the State of Hawaii on Vlarch 2~, 1992, pursuant to chapter 132, Hawaii Revised Statutes, which model code adopts, with modifications. the "Uniform Fire Code. 1988 Edition" (liFCI, and the "1989 and 1990 Untforn~ Fue Code Supplements," as copyrighted and published by the ~i~'estern Fire Chiefs .4ssoctatton and the International Conference of Butldmg Officials "Vint" means one individual firecracker Section 14-27. General license provisions. Ial Any person desirin to import, store, offer to sell, or sell, at wholesale or retail. aerial common fireworks, spectal fireworks, or non-aerial common fireworks, or any Verson desinni=. to possess aerial common fireworks or spectal fireworks within the County of Hawal`I shall obtain a license Issued by the department A license may only be Issued to a person eighteen years of a>Le or older L~2 Licenses are non-transferable Ltcenses are valid only from the date of Issuance or effect to March 31 of each year f e~ Ltcenses shall be prominently displayed m public view and secured at the location for which the Itoense has been Issued I[ shall be unlawful for any person, other than a wholesaler who is sellme or transfemngtireworks to a licensed retailer, to sell or offer to sell any fireworks at any lime to ankperson who does not present a pemilt duly Issued as required by Section 14-29 Thepernvt shall be stoned by the seller or transferor at the trine of sale or transfer of the fireworks, and the seller or transferor shall indicate on the pernut the amount and t~~e of fireworks sold or transferred. \o fireworks shall be sold or delivered to an~pernuttee m any amount m excess of the amount specified m the pennrt, less the amount shop+•n on the permit deviously to have been purchased, and \'o fireworks shall be sold to a pernuttee holding a pennrt issued for purposes of secUOn 14-29, more than five calendar days pnor to the desienated penods for use as set forth m section 14-29 ~ Persons to whom licenses aie issued shall comply wrth the applicable provisions of sectwn 14-29 and with all applicable federal, state. and coup , lag's I~ If a licensee fails to comply with the requirements of chapter 132D. Hawa~`~ Revised Statutes, or applicable counri- laws, or if the department detennmes that the licensee stores or handles the fireworks m such a manner as to present an unreasonable safety hazard the department may immediately revoke the license ~ If the department discovers at a later date that a licensee has been com'icted of a felony under chapter 132D, Haw•ai i Revised Stahrtes, the department shall revoke the licensee's license and no new license shall be issued to the licensee for a penod of rivo years from the date of the license revocation Section 14-28. Applications for licenses. f a~ Apahcat~ons for licenses to import, store, offer to sell, or sell, at wholesale or retail, aenal common fireworks, special fireworks, or non-aenal common fireworks, or applications for licenses to possess aenal common fireworks or special fireworks within the County of Hawaii may be obtained at the d~~artment or at those locations so desienated by the department Applications for all licenses shall be submitted to the depai-[ment at least twenty working dak•s from the date on which importm ,storage wholesaling or retailing actic'ities would begin ~ The fee for each license is payable to the County Director of Finance and must be submitted to the department rth the application The fee is non-refimdable The fee for each license requned under this section shall be for each ~'eai, fraction of a -6- vear. or event m w•hrch the licensee plans to conduct business m the County of Hawa~`~ where the ~ermrtted actrvtty is to occur The fee schedules are as follows $3.000 for each importer, S2,000 for each wholesaler's site, 51,000 for each storage site, and $500 for each retailer's site The department shall provide an exempUOn from the fees to nonprofit community groups for importation and storage of fireworks for d~splavs once a ,mar u Competed applications for licenses may be delwered m person dunng_busmess hours tI'Om 8 00 a m to 4 00 p m or mailed to the department. or to those locations so designated by the department The anphcat~on must include aself- addressed envelope of adequate size and sufficient postage ~I The department shall detennme whether or not to issue the luense Licenses or denials of licenses will be mailed to the applicant by the department l$.1 Applications for all Incenses shall state the followmQ u The date of the application and the name, address, telephone number, and age of the apphamt, If the applicant is a sole proprietor, the name of the propnet~ If the applicant ~s a partnership, the name of the~artnership and the names of all partners, or If the applicant is a corporation, the name of the corporation and the names and tales of its offices If the license is to import fires;orks, the application shall also include the followme l~ The address of the location of the Importer, The date upon which cmportatcon will begin Class and estimated quantiri~ of fireworks to be imported, If the license is to store. offer to sell, or to sell fireworks. the application shall also include the followme The date upon which the storage, sale, or offers for sale will beam LBl 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 f DZ The name of the proprietor, or, If a parmersh~ the name of the partnership and the names of all partners, or, (F.1 If a corporation, the name of the coroorahon and the names of its officers Anytime pno~ to or following the issuance of a license the department may at its discretion, inspect the proposed location where the fireworks will be stored or sold. at wholesale or retail to ensure that the applicant is m compliance with the State Fire Code, County Fire Code and County Safety Code Lt1 The department may deny a license if the applicant is not m compliance with the requirements of these niles or chapter 1 ,2D, Hawai`i Revised Statutes ~ If the department discos ers 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 permit. ~ Types of permits The followm~tvpes of fireworks penntts are available to the public Penntts for the purchase of any non-aerial common fireworks may be issued for events set forth m section 14-29(bl. -S- f B~ Pennrts for the purchase and use of am non-aerial common fireworks may be issued for cultural purposes or events as set forth m section 14-29(b), LC,1 Permits for the purchase and use of aerial common firewoi ks, special fireworks, of both, may be issued when the aerial common fireworks, special fireworks, or both, are to be set off, i~ted or dischar ep d for public displa~~s I_b_2 Use of non-aerial common fireworks, when petmrt required Non-aerial common fireworks, other than firecrackers. may be used within the County of Haw'ai`i dunng the followmt? periods without a pennrt From 9 00 p m on New Year's Eve to 1 00 a m on New S'ear's Dav, From 7 00 a m to 7 00 p m on Chinese New Year's Day~and From 1 OOp m to 9 00 ~m on the Fourth of Jules A ~ermrt is regwred for the purchase and use of not more than x.000 individual firecrackers when such use occurs dunng the time specified above m subsection (11 A peimit is requued if the proposed cultural use of non-aerial common fireworks, mcludme firecrackers, is to occur at any time not specified above m subsection (11 A permit issued pursuant to this section shall authorize purchase and the use of non-aerial common fire~a•orks from 9 00 a m to 9 00 p m on the date for which the permit is issued, provided that not more than x,000 individual non-aerial fireworks shall be allowed undei each permit ~ Permits for the pernussible uses of aerial common fireworks and special fireworks Aerial common fireworks and special fireworks may be purchased, set off, ienrted, -9- or othenv~se caused to explode w~thm the County of Hawaii only if for ubl~c display and petmttted m wnhn~puisuant to section 14-30(dl General pennrt provisions .4n~person des~nng a permit as described to section 14-29 (a) shall obtain a permit tssued by the department The following nrovtsions shall apply to all~emuts u A permit may only be issued to a person et hen years of a~~e or older An application for a pennrt may be issued to any person for cultural purposes Pennrts are nontransferable Pennrts are valid only when the fireworks are used at the stte. ttme. and date so md~cated on the permit Pennrts shall be prominently displayed m public view at the site on the day at the lime of the finne u A permit may be denied if the proposed use of fireworks presents a substantial mconvemence to the public or presents an unreasonable fire or saferi hazard If the permittee fads to remain m compliance with the requirements as set forth m these rules or m chapter 132D, Hawaii Revised Statutes. the department may immediately revoke the permit ~8~ The date of issuance or effect anti 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 ~ennit Section 14-30. Application for permits. l~ The follow•mg~rovisions shall appl ty o all pennrt applications Applications foi permits shall be obtained at the department or at those locations so designated by the department -10- Completed applications for pennrts may be delivered m person during business hours from 8 00 a m to 4 00 p m or mailed to the department or at those locations so desi>?nated by the depaninent The application must include aself-addressed envelope of adequate size and suffic~entpostage The department shall detennme whether or not to issue the pernrt Permits or denials of permit applications will be mailed to the applicant br the department Pernuts for the purchase of non-aerial common fireworks for des~~rtated penods prescribed m section 14-29 relatmo to New Year's. Chinese New Year and the Fourth of July Apphcations for permits to purchase non-aerial common fireworks for use during the desi nated penods prescribed m section 14-29(b) shall be m writing, sieved b, t} he applicant and shall include Name, age, telephone number, and address of the person and ~ennittee, if different, LB) Name(s) of the organization's, corporation's, club's, estabLshment's. of other entity's proprietor(s), partner(s), or officers and verification that theperson makm tg he application is the authorized aeent of the entity, Date of the pernutted activu~ Location where the pennrited activity rs to occur, and Estimated quantity of non-aerial common fireworks to be used under the Qernut, but not exceeding x,000 units The fee for thispennit is 52~, payable to the County Director of Finance, rs non-refundable and must be submitted at the time of the application -11- Any_purchase of non-aerial common firec~•orks with a permit Issued pursuant to this section shall not occur more than five calendar days prior to the desr n~ ated periods for use as set forth m section 14-29(61 l~ A pemut Issued pursuant to this sechon shall not allow purchase of non- aenal common fireworks for more than one event as set forth to section 14- 29(61 u Permits for the purchase of non-aerial common fireworks for proposed cultural use dunn trine periods other than designated time periods prescribed m sechon 14-29(6) The application shall be m wnhn , sr n~v the applicant and shall include the followme Name, a e, telephone number, and address of the person and ~ennrttee, if different. Name(s) of the orgamzahon's, corporation's, club's establishment's. or other enh[y'spro~retor(s). partner(s) or officer(s) and venficatron that the person makrn>? the apphcahon is the authorized agent of the enut Name, address, telephone number and age of the person wlio will sut~ervise the use of the non-aerial common fireworks, Estunated quantity of non-aerial common fireworks to be used tinder the pennrt, but not exceedme 5.000 units. and Date, rime period and proposed cultural use of the non-aerial common fire~a•oiks u A person, mcludms? the proprietor. partner, cor-~orate officer or dulk authorized aeent of any temple, cemetery, or any cultural association, lron dance club, or other srmilar orean¢ahon desinne to purchase, drscharee, fire. or evplode non-aerial common fireworks for cultural purposes or _12_ occasions, or destnng_to aro~tde for the dtscharemg, firing or explodme of non-aerial common fireworks by members of their organtzahons. clients. patrons or customers, for cultural purposes or occasions may obtain a permit pursuant to this subsection The fee for this permit is S25, payable to the County director of finance is non-refundable and must be submitted at the time of the aoohcatton IB.I A aennrt Issued pursuant to paragraph 2 of this subsection shall not allow purchase of non-aerial common fireworks for more than one event A permit may be Issued to an establishment for the use of non-aerial common fireworks at the establishment dunniz the period of the permit Such permit may allow the establishment to purchase non-aerial common fireworks for cultural purposes specified m the pernut The fee for this permit is 525, payable to the County director of finance, is non-refundable, and must be subnutted at the time of the application u The lime period of the permit for the establishment shall not exceed sir months .4m' purchase of non-aerial common fireworks ~ytth a permit tssued pursuant to this sectton shall not occur more than five calendar days prior to the designated penods for use as set forth to sectton 14-29 Ll, and as stated on the pernut Ld2 Petmtts for aerial common fireworks for spectal fireworks, known as Public Display Pernuts u A perm[[ may be tssued to purchase and set off, tgmte, or dtscharee aerial common fite~yorks, spectal fireworks, or both, for a public dtspla~_ _t;_ The apphcahon shall be m wnung, signed by the applicant and state the followma The name, age, and address of the applicant, The name, age, and address of the person who will operate the display. and venficaiion that the person is a licensed pyrotechnic operator as duly authorized by the State of Hawaii. ~C•2 The time, date. and plot elan of the place for the dtsplav, The type and quantity of aerial common fireworks. special fireworks, of both, to be displayed, and The purpose or occasion for which the dtsplav is to be presented u An application for a public display pernnt shall be submitted to the d~artment not less than hvenh~ ~i•orktng days before the proposed date of the public display The fee for this pernut is 5110 for each year or fiachon of a year in which the permtttee plans to conduct business, payable to the County Director of Finance is non-refundable, and must be submitted with the application Vopublic dtsplav permit shall be issued unless the applicant presents, at the aovhcant~s option, either A written cemficate of an insurance Gamer or a policy providmf; for the payment of damages rn the amount of not less than 5,1)00 for mtury to, or death of, any person, and subject to the fore~oine limitation foi one person, in the amount of not less than $10.000 for mtury to, or death of, hm•o or more persons, and m the amount of not less than S~.000 for dama«<e to property^caused by reason of the authorized display and arising from any toi-[ious acts or neeheence of the ~rnuttce, the permrttee's agents, employees, or subcontractors The certificate shall state that the polio^is m full force and effect -I-I- and will continue to be m full force and effect for not less than ten days after the date of the public display, or The bond of a suret~panv duly authonzed to transact business within the State, or a bond wtth not less than rivo individual sureties ~s ho together have assets m the State equal in value to not less than riytce the amount of the bond, or a deaosrt of cash, m the amount of not less than S 10,000 conditioned upon the payment of all dama es that may be caused to any person or property by reason of the authonzed display and ansme from any tortious acts or negligence of the pennrttee, the permittee's agents, employees, or subcontractors The security shall continue to be m full force and effect for not less than ten days after the date of the public display u The department may require coverage m amounts ereater than the mm~mum amounts set forth m paragraph (~l of this subsection if deemed necessarLor desirable m consideration of such factors as Location and scale of the display, Type of aerial common fieworks, special fireworks, or both, to be used, and ~C•2 Number of spectators expected Prior to the issuance of a public display permit and at the discretion of the department, an inspection of the proposed firing area may be requiied Inspections, when conducted, shall ascertain compliance with \ational Ftre Protection Association Standards 1123 entitled "Outdoor Di~lav of Fireworks" or 1 126 entitled, "Pvrotecnhics Before A Proxtmate Audience," 199 Edition, which aie incorporated herein by reference -15- .4 nubhc dtsplatipermtt may be denied by the department tf the requirements Imposed by this article or chapter 132D. Hawat`t Revtsed Statutes are not met ?`otwtthstandmg the fore ome, an~pubhc dtsplatipenntt issued by the department may be revoked or suspended immediately by the department for the followmg_reasons (.A) The climatic, atmosphenc, or other conditions on the daYof the proposed firing may reasonably be believed to make the use of aenal common fireworks, spectal fire~i•orks. or both. hazardous to persons of property, or Any requirement Imposed by this article or chapter 132D. Hawatt Revtsed Statutes, or any condition of the petmtt necessary to minimize the danger to persons or property is not tnet Section 14-31. Importation, bill of lading, notification and storage. ~ Licensee's duty of notification Andperson who has obtained a license pursuant to section 132D-7, Hawaii Revised Statutes, and ships fireworks into the County of Hawat`t shall Clearly designate the types of fireworks m each shtpment on the bill of ladm__ o~ppmg manifest Declare on the bill of laden oe r shipping manifest the gross w•et hg <of aenal common fire~yorks, non-aenal common fireworks. and spectal fireworks to be Imported to each shtpment Declare on the bill of lading or shipping manifest, the location of the storage facility, tf applicable, m which the fireworks are to be stored Pnor to shtpment, nohfv the fire chief of the department re;ardtng whether the shtpment ~+ill be dtstnbuted from - 16- L1 Pier to pier, u Pier to warehouse or storage faah[y, or ni Pier to redistnbution At the time shippme is booked, the importer or consignee shall notify the fire chief of the department m venting of the erected shipment's landing date Discretionary m~ection of shipment of fireworks The denartment shall be allowed to inspect, if rt chooses, an~pment declared on the shipping manifest as fireworks when a shipment of fireworks has landed and becomes subject to the ~unsdictron of the department ~ Anoroval to store firewoiks Ll The facility m which fireworks are to be stored must Obtain the approval of [he department fifteen days vnor to the shipment's amval, and Satisfy the requirements of the State Ftre Code. County Fue Code and County Safety Code Importation of aenal common fireworks, special fireworks, or both. for public display Aenal common fireworks. special fireworks. or both, shall only be imported and stored, if necessary, m an amount sufficient for an anh~ated three-month m~ entory, except that if a licensee under section 14-28 oro~ ides aenal common fireworks, special fireworks, or both, for public displays as allowed under sections 14-30~d1 more than once a month, the licensee may import or store, if necessary, sufficient aenal common firewoiks. special fireworks, or both for asix- month inventot•v -17- Section 14-32. Public information. The public may obtain mforniatton about matters wrthm the ~unsdichon of the department b~gmnn~ u The office of the county clerk, where there are on file all rules of the de~rtment, or at The office of the Hawaii County fire department Denartment files which are subject to inspection by the public pursuant to chapter 91, Hawaii Revised Statutes, may be e~ammed upon req<test ~ Ingmry mad be made m person at the department's office donne regular business hours, or b~• submrttme a request for mfonnatton m wnhng to the fire chef Copies of the department's proposed and final rules and all public records of the department are available upon payment of the fees established b~tarirte o~ county ordinance Section 14-33. General prohibitions. It shall be unlawful for any person to ~ Remove or extract the pyrotechntc contents from any fireworks, Throw an~emted fireworks from a moving vehicle, ~ Set off, ~gnrte, discharge of otherwise cause to explode any fireworks At any time not wrthm the mods for use piescnbed m section 14-29 unless pernutted pursuant to section 14-30 of this article. f 21 W~thm one thousand feet of any operatm,g hospital, cotn-alescent home. home for the elderly or animal hospital, In any school budding or on andschool erounds and yards on any occasion, and u On any highway alley, street, sidewalk or other public way, m any nark. wuhui fifty feet of a canefield, of wrthm one thousand feet of am~ butldme -ls- used for public w•orshrp dunng the penods when sen•ices are held, except as may be pennrtted pursuant to section 14-30 It shall be unlawful for anv person to offer for sale, sell, or give any fireworks to minors, and for anv minor to possess, purchase, or set off, ignite. or otherwise cause to explode any fireworks, except that the patents or guardians may allow the minor to use fireworks while under the immediate super~•ision and control of an adult Section 14-34. Penalties. ~ Andperson importing aena] common fireworks or special fireworks without havt~ a valid license under section 132D-7, Hawaii Revised Statutes, shall be guilty of a class C felonk Any person purchasm~possessmg, setting off, t rating, or discharging aena] common firewoiks or special fireworks without a valid permit under sections 132D-10 and 132D-16, Hawaii Revised Statutes. or storm , sg ellmg, or possessing aena] common firewoiks or special fireworks without a valid license under section 132D-7, Ha~a~ai`i Revised Statute If the total weight of the aena] common fireworks or special fireworks is Rventy-five pounds or more. shall be ~~v of a class C felony, or !?2 If the total weight of the aena] common fireworks or special fireworks is less than twenty five pounds, shall be guilty of a misdemeanor Andperson who transfers or sells aena] common fireworks or special fireworks to a person who does not have a valid pemut under sections 132D-10 and 1 32D-16, Hawat`t Revised Statutes, shall be ug ilty of a class C felony l~ .4nyperson who removes or extracts the pyrotechnic contents from any fireworks and uses the contents to construct fireworks or a fireworks related device shall be gwlty of a misdemeanor -1`~- u ExceQt as provided in subsections~,a) (b) (cI and (d) or as othenvtse specifically provided for m chapter 132D, Hawat i Revised Statutes. anyperson violating anv other provision of chapter 132D. Hawar`i Revtsed Statutes. shall be prosecuted pursuant to Section 13-11, penalties section of the Hawai i County Charter, as amended " Section 14-35. Sale to Minors. It shall be unlawful for any person to offer for sale, sell or tg ve anv ftreworks to mroors, and for amp mmor to possess, purchase, or set off, t~mte. or othenvtse cause to explode any fire~a•orks, except as provtded m section 14-36 and section 14-33(d) Section 14-36. Liability of Parents or Guardians. The parents, Quardians, and other Qt:rsons havmg_the custody or control of anv mmor, who knowmglypermrt the minor to possess, purchase, or set off, t rte, or othenvtse cause to explode anv fireworks, shall be deemed to be m violation of this article and shall be subject to the ~enalttes thereunder, except that the parents or Quardtan may allow the mmor to use fireworks while under the immediate supen•ision and control of the parent or gttardtatt, or under the supervision and control of another adult SECTIOti 3 I~ew matenal is underscored in pnntmg this ordinance, the undersconn~ need not be included SECTIO\ 4 If any provision of this ordinance, or the application thereof to any person or circumstance, is held mvahd, such mvahdrty shall not affect other provisions or applications of the ordinance which can be given effect without the mvahd provision or application, and to this end, the provisions of this ordinance ate declared to be severable -20- SECTION ~ This ordinance shall take effect upon its approval ItiTRODUCED BY . _ CO~CIL EvIBER, COUNTY OF HA~i~'AI`I Hilo, Hawati Date of Introduction November 9, 2000 Date of 1st Reading November 9, 2000 Date of 2nd Reading December 4, 2000 AJ a• 4FueworksOrd ~a•pd Effective Date: December 12, 2000 RL~ ~ ^Et`'CL: Com,a• -956.-QQ3_ -21- OFFICE OF THE COUNTY CLERK County of Hawart xilo , Hawatt ROLL CALL VOTE AYES NQES ABS EX Introduced By Aaron S.Y. Chunq (B/R) Arakaki X Date Introduced November 9, 2000 Chung X Fvst Reading November 9, 2000 Elarionoff X Published November 19 ~ 27, 2000 Jacobson X Le~thead-Todd X RE,bfARKS Pisicchio X Smnh X Tyler X I Yagong X 7 1 1 0 (DRAFT 9) Second Reading December 4, 2000 ROLL CALL VOTE To Mayor Decenber 7. 2000 ~ AYES NOES ABS EX Resumed twr 12. 2000 Arakaki X Effective December 12, 2000 Chung X Published Decanber 26. 2000 Elanonofl X Jacobson X REMARKS Deferred - 11/29/00 Leuhead-Todd X Pis~cchio X Smuh ~ X Tyler X Yagong X j 6 3 0 0 I DO HEREBY CERTIFY that the foregorng BILL was adopted by the County Councrl publrshed as rndreated above APPROVED AS TO FORNy~ND ITY:~ D UTY C ORATION( OUNSEL OUNTY HAWAII C L CHAlR,L1Ah' Date ~ ~-c • L 0 oU _ C YfYCLERK Approve Disapproved rhos I a. drrv of 1~P,f!_m~7LY , 20 0 U /L_ Bill No 339 (Draft 9 ) lt~4Y•O~R~, CIOLS~'TYOFH,4k'4/I Reference _ i,-956 _ Ord Na _