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Home My WebLink AboutORD 1956-171COLTidTl' OF i IA'rYAI I - TERiII TORY OF i iA'~JAI I ORDII`}ANCE }40. Ah ORDII4/~ICE TC CGNTRGL ACSD REGULATE THE I~iA[vtdER OF USIIvG FIREVdURKS ACdD TO PROVIDE FENALTIES FUR T~IIE VIOLATION TI;EREOF. I3E IT ORDAINED RY THE iiOARD OF SUPERVISORS OF THE COUNTY OF I:AI`lAII: SECTION 1. Title. This ordinance shall be known as the Fireworks Control urdinance. { .,; SECTION 2. Definitions and number. ~', r (a) T}ie word "person" shall mean an individual, partnership, corporation or any association of whatever nature. (L) The terra "f irev/orks° sna7.l i7can and include any combustii~le or explosive co~:~position, or am/ suL-stance or combination of substances, or article prepared for the purpose of producing a visible or auditory effect icy combustion, exoiosion, deflagration or detonation, and shall include,~I~ut not be li.rnited to, firecrackers, torpedoes, rockets, I~?cr:~an candles, bo~nl,s, v/i~~eels, colored fires, fountains, cones, mines, serpents or other sir-~ilar articles containing any ox~ l.osivo or combustible substance; provided, however, that the terra "fireworks" as used herein shall not include the following: 1. Toy paper caps containing ,25 drains or less of explosive substance. 2. Safe and sane fireworks made under I.C,C. regulations in the United States and known as "class C" common fireworks inc:Lading but not limited to sparklers, also imported fireworks vaith pyxotechnic contents within the maximum limits as set for Class C items by the I.C.C. (Interstate Commerce Commission) 3. Soft shell firecrackers not exceeding one and se von-eigi;ths ( 1 7/8) inches in length and five- sixteenths (5/16) of an inch in diameter.. 4. Aerial salutes containing not more than 20 grans of explosive composition. '~. Cracker}alls of not gore than seven-sixteenths (7/1'0) of an inch in diameter, (c) For the purpose of th-is ordinance the various types cf pyrotechnics that are excluded fro;n the defini- tion of "flxcworks" and ~nuraerated iereinabove under Section. 2 (b) 1-u, inclusive, shall ~:e referred to as "special iirecxackers'~. (d) The singular shall signify the plural wherever the context so renuires. Or9 P1o. - -~~j-......,, ] ,;::,, SECTIt71v 3. Prohibitions: Permitted u e It shall be unlawful for any person to possess, store, sell, keep or offer for sale, expose for sale, give, use, explode or cause to explode any fireworks within the County of Ilawaii, except: (a) Sales by wholesalers for direct shipc~ent out of the County of ilawaii. (b) Storage, sale, or offer for sale or for use in the County of }lawaii by a person having obtained a license therefor in accordance with Section 4 hereof. (c) Use for a public display by a person having obtained a permit therefor in accordance with Section 5 Ise re of. (d) Use for. a bona fide religious or. ceremonial occasion ray a person having obtained a pexv~.~it tY~erefor in accordance with Section 6 he re cf. (e) Use by transportation agencies for signal, warning or illumination purposes in connection with their business. (f) Sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports. (g) Sale of shells, cartridges, gunpowder or explo- sives for use in legally permitted firearms. (h) Use by defense organizations for defense purposes. (i) Possession, storage, sale or use of explosives and combustibles in accordance with Chapter 8, Revised Laws of Ilavvaii, 1945, as amended. SECTICk~ 4. License for stoxaae and sale. (a) License required. It shall be unlawful for any person to possess, store, sell at wholesale or retail, or offer for sale or for use in the County of llawaii any firework, unless such person shall first secure a license therefor. (b) Application for license. Said license shall be issued by the Treasurer of the County of i;awaii. Application for license shall be made on a for~;~ setting forth the address ~:^/:;ere it is proposed to establish and/or to conduct the storage or sale of fireworks, 'the nac~c of the proprietor, or if a partnership, the name of t;~e partner- ship and the names of all partners, or if a corporation, the name of the corporation and the names of all officers. (c) Sale only to persons preGentina permit. It shall be unlawful for any person, other than a w}:olesaler selling or transferring fireworks to a licensed retailer, to sell or offer for sale or for use in t'r,e County of - 2- Itawaii any fireworks to any person who does not present a permit duly issued as provided in Section 5 or Section 6 hereof, as the case may be. Such permit shall be signed by the seller or transferor at the time of sale or transfer of the fireworks, and the seller or transferor shall indicate thereon the amount and type of fireworks sold or transferred to said permittee. I'Jo person shall sell or deliver possession of fireworks to any permittee in an amount in excess of the amount specified in the permit, less the amounts shown on said permit to have previously been purchased or acquired pursuant thereto. (d) ~'Jholesalinq only to dealers with license, It shall be unlawful to send or supply fireworks tc a dealer who has not obtained a license as required by this Section. The term °dealer" shall include any person storing, selling or offering fireworks for sale. (e) Fee. The fee for such license shall be ten dollars (510.00) for oath year or fraction of a year. (f) tdon-transferable. Suc;r license shall not be transferable. SECTION 5. Permit for uublic displav. (a) Permit reauired. All persons desiring to discharge, fire off or explode fireworks for a public display, including such use in parades, shall apply in writing for a permit therefor to the Chief of Police of the County of }awaii at least five days before the proposed date of the display. Said application shall state the name, age and address of the applicant; the nar:~e, age and address of the person who shall operate the display; the time, date and place of the display; the type and quantity of fireworks to r;e displayed and the purpose or occasion for which the display is to be presented. (b) Issuance of permit. The Chief of Police, after being satisfied that the display vaillti~e handled by a competent operator and that the display will not be hazardous to pro- perty and that it will not endanger any person or persons, shall issue a permit for the public display. Such permit shall authorize the holder to display fireworks only at the place and only during the time set forth therein, and to purchase or acquire and possess the specified fireworks between the date of the issuance of said per~~~it and the time during which the display of said fireworks is authorized. PJo fee shall be charged for. said porr.~it. Said permit shall not be transferable. (c) Bond required. Ptio permit shall be issued under this section unless the applicant shall give bond, deemed adequate by said Chief of Police, but in a sum not less than five hundred dollars (5500.OG), conditior;ed for the payment of all damages which may be caused either to a person or persons or to property by reason of tyre authorized display and arising from any acts of the permittee, his agents, ec~ployees or sub- contractors. - 3- SECTICP~ 6, Pernit_for bona fide reliaiou or ceremonial use of fireworks. (a) 1'errnit required. All persons desiring to discharge, fire or explode fireworks for a bona fide religious or ceremo- nial occasion shall apply in writing for a permit therefor to the Chief of Police of the County of ]}awaii"at least three days before such proposed use; provided, however, that such time limitation shall not apply tc applications for permits to use fireworks at funerals. Said application shall state the name, age and address of the applicant; tt~e name, age and address of the person who shall discharge the fire- works; the time, date and place of use; the type and quantity of fireworks to be used and the occasion for which said fire- ~,vor!<s are to be use d, The "ter.;.r "ceremonial. occasion" shall include, but not be licrited to, birthdays, anniversaries, weddings and housewaxr:cing celebrations. (Y>) ?ssuance of~ermit. T}"~e Chief of Police, after tieing satisfied that the fireworks v/i11 iae kindled by a competent operator, that the use will be for a bona fide religious or ceremonial occasion and that the use will not be hazardous to property and will not endanger any person or persons, shall issue a permit for said use. Such perr~it shall authorize the holder to use firev/oxks only at the place and only during the time set forth therein, and to purchase or acquire and possess the specified fireworks between the date of the issuance of said permit and the time during which the use of said fireworks is authcrized. No fee shall be charged for said permit. Said permit shall not be transferable. SECTIOI~J 7, It shall be unlawful for any person to remove or extract the pyrotechnic contents from any fireworks or "special firecrackers" and use the contents to make larger fireworks or "special firecrackers". SGCTIGPI 8, LJnl_awful to set off firework etc from moving vehicles. It sl;all be unlawful for any person to tt~rov/, set off, fire or cause to be exploded any fireworks or "special firecrackers" of any size frog°: any noving vehicle. SECTIOt1 ~~, Unlawful to s t of ' ~ -.work s,~ ; vicinity o,f iiosnitals. It shall be unlawful for any person to tt,rovr, set off, fire or cause to i;e exploded any firev/orks or "s~ecial firecrackers" of any size in any place within 1,00 feet of any building occupied by patients at any hospital, convalescent home, home for the aged or ar;imal hospital. SECT I OY1 10 , aurina services; exception. It shall be unlawful for any person to throw, set off, fire or cause to be exploded any fireworks or "special firecrackers° of any size on or in any h;ghway, alley, street or other public way, sidewalk, park, school, school yard, within ~0 feet of -4- a canefield or within 1,000 feet of any building used for public worship while services are being held therein, unless pexmission be obtained in accordance with Section 5 or 6 hereof. SECTIOI`J 11. Unlawful to set off "special firecrackers" at niaizt: exceptions. It shall be unlawful for any ~erson to throw, set off, fire or cause to be exploded dny 'special firecrackers" between the hours of 7:00 P.~~. and 7:00 A.;:;. every night of the week, except on I;eev Years Eve, Chinese i5eei Years Eve, Fourth of July nigY~t and on nights permission is obtained to discharge fireworks pursuant to Section 5 or 6 hereof. SECTIOtJ 12. Pen t Any person violating any of the provisions of this Urdinance shall, upon conviction thereof, be guilty of a misdemeanor and be subject to a fine not exceeding five hundred dollars ($500.00); and if the person so convicted shall be a person licensed to sell fireworks, the court may, in addition to the foregoing penalty, revoke or suspend such license. Do license shall be issued to any person whose license has been so revoked until the expiration of one year after such revocation. SL-CTIOIJ 13. Severa'aility. If any provision of this Ordinance or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of the provisions to other persons or circumstances shall not be affected thereby. SECTIOT~ 14. Effective, e This Ordinance shall take effect from and after. A~ay 195u. Dated: Hilo, iiawaii, this 20th day of February, 1956. IP:TRUDUCED IiY: ,fir' ~~ /ice ~ .z ~~a ,~ ~~ Supervisor, _ ~` lepresentative District. -~-