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COUNTY OF HA?JAII - STATE OF HAIJAII
ORDINANCE N0. 28
AN ORDINANCE TO CONTROL AND REGULATE THE ?.l1~?dP1ER OF USING FIRE'•;TORKS
AND TO PROVIDE PENALTIES FOR THE VIOLATION THF~I2EOF.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE LOUD?TY OF HAt~TAII:
SECTION 1. Title. This ordinance shall k>e known as the
Fireworks Control Ordinance.
SECTION 2. Definitions and nu er.
(a) The word "person" shall mean an individual, partnership,
corporation or any association of whatever nature.
(b) The term "fireworks" shall mean and include any combustible
or explosive composition, or any substance or combination of
substances, or article prepared for the purpose of producing a
visible or auditory effect by combustion, explosion, deflagration
or detonation, and shall include, but not be limited to, firecrackers,
torpedoes, rockets, Roman candles, bombs, wheels, colored fires,
fountains, cones, mines, serpents or other similar articles
containing any explosive or combustible substance; provided, however,
that the term "firewords" as used herein shall not include the
following;
1. Toy paper caps containing ,25 grains 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 firet•~orks
including but not limited to sparklers, also imported
fireworks with pyrotechnic contents orithin 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 seven-
eighths (1 `7/8) inches in length and five-sixteenths (5/16)
! of an inch in diameter.
4, Aerial salutes containing not more than 20 grams of
explosive composition.
5. Crackerballs of not more than seven-sixteenths (7/16) of
an inch in diameter.
(c) For the purpose of this ordinance the various types of
pyrotechnics that are excluded from the definition of "firewords"
and enumerated hereinabove under Section 2(b) 1-5, inclusive, shall
be referred to as "special firecrackers".
(d) The singular shall signify the plural wherever the
context so requires,
SECTION 3, Prohibitions• Permitted use 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 f~ ~ orks
within the County of Haoraii, except:
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(a) Sales by wtwlesalers for direct shipment out of the
County of Hawaii,
(b) Storage, sale, or offer for sale or for use in the
County of Hawaii 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 hereof,
(d) Use for a bona fide religious or ceremonial occasion by
a person having obtained a permit therefor in accordance with
Section 6 hereof,
(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 explosives 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 96, Revised Laws of
Hawaii 1955,
SECTION 4, License for storage and sa1P,
(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 Hawaii any firework, unless such person
shall first secure a license therefor,
(b) A~olication for license, Said license: shall be issued
by the Treasurer of the County of Hawaii, Application for license
shall be made on a form setting forth the address where it is
proposed to establish and/or to conduct the storage or sale of
fireworks, 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 all officers,
(c) Sale only to persons presenting p ~-m;+, It shall be
unlawful for any person, other than a wholesaler selling or
transferring fireworks to a licensed retailer, to sell or offer
for sale or for use in the County of Hawaii any fireworks to any
person who does not present a permit duly issued as provided in
Section S 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, No 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) IJholesaling only to d~l~,r~,with license, It shall be
unlawful to send or supply fireworks to 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.
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(e) Feg, The fee for such license shall be Ten Dollars
($10.00) for each year or fraction of a year.
(f) Non-transferable. Such license shall not be transferable.
SECTIOid 5. Permit for public disHlav,,
(a) Permit required. All persons desiring to discharge,
fire off or explode fire~~rorks 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 Havraii at least five (5) days
before the proposed date of the display. Said application shall
state the name, age and address of the applicant; the name, age
and address of the person vrho shall operate the display; the time,
date and place of the display; the type and quantity of fireworks
to be displayed and the purpose or occasion for which the display
is to be presented.
(b) .Issuance of Hermit. The Chief of Police, after being
satisfied that the display will be handled by a competent operator
and that the display will not be hazardous to property 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 permit and the
time during which the display of said fireworks is authorized. No
fee shall be charged for said permit, Said permit shall not be
transferable.
(c) Bond required. No 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
($500.00), conditioned for the payment of all damages which may be
caused either to a person or persons or to property by reason of
the authorized display and arising from any acts of the permittee,
his agents, employees or subcontractors.
SECTION 6. Permit for bona fide religious or ceremonial use
of fireworks.
(a) Permit required. All persons desiring to discharge, fire
or explode fireworks for a bona fide religious or ceremonial occasion
shall apply in writing for a permit therefor to the Chief of Police
of the County of Havraii at least three days before such proposed
use; provided, however, that such time limitation shall not apply
to applications for permits to use fireworks at funerals. Said
application shall state the name, age and address of the applicant;
the name, age and address of the person who shall discharge the
fireworks; the time, date and place of use; the type and quantity
of fireworks to be used and the occasion for which said fireworks
are to be used, The term "ceremonial occasion" shall include, but
not be limited to, birthdays, anniversaries, weddings and house-
warming celebrations.
(b) Issuance of Hermit. The Chief of Police, after being
satisfied that the fireworks will be handled 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 permit shall authorize the holder to use fireworks only at the
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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 authorized, ido fee shall be charged for said
permit. Said permit shall not be transferable.
SECTION 7. Unlawful to remove pyrotechnic content from
fireworks. etc,. and make lamer fireworks etc, 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,"
SECTION 8, Unlawful to set off fireworks, etc, from moving
vehicles. 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 from any moving vehicle.
SECTION 9, Unlawful to set off fireworks. etc in vicinity
of hospitals, It shall be unlawful for any person to throw, set
off, fire or cause to be exploded any fireworks or "special fire-
crackers" of any size in any place within 1,000 feet of any building
occupied by patients at any hospital, convalescent home, home for
the aged or animal hospital.
SECT I ODI 10 .
exception, tt sna11 be unlawrul ror any person to throw, set off,
fire or cause to be exploded any fireworks or "special firecrackers"
of any size on or in any highway, alley, street or other public way,
sidewalk, park, school, school yard, within 50 feet of a canefield
or orithin 1,000 feet of any building used for public worship while
services are being held therein, unless permission be obtained in
accordance with Section 5 or 6 hereof.
SECTIOAI 11. Unlawful to set off "special firecrack rs" at
night, exceptions. It shall be unlawful for any person to throw,
set off, fire or cause to be exploded any "special firecrackers"
between the hours of 7; 00 P.Pi, and 7:00 A.P.I, every night of the
week, except on New Year's Eve, Chinese New Year's Eve, Fourth of
July night and on nights permission is obtained to discharge fire-
works pursuant to Section S or 6 hereof,
SECTION 12 Penaltlr, Any person violating any of the
provisions of this Ordinance 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 fireororl:s, the court may, in addition to
the foregoing penalty, revoke or suspend such license. No license
shall be issued to any person whose license has been so revoked until
the expiration of one (1) year after such revocation.
SECTIOAI 13. Severability. 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.
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