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Home My WebLink AboutORD 1973-005BILL N0. 5 (AMENDED) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~_ AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3, SECTION 11, HAWAII COUNTY CODE, RELATING TO SPECIAL FIRECRACKERS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII. SECTION 1. Chapter 3, Article 3, Section 11, relating to "Unlawful To Set Off Special Firecrackers At Night; Exceptions" is amended as follows: "SEC. 11 SPECIAL FIRECRACKERS "SEC. 11.01 SALE It shall be unlawful for any person to offer for sale, sell or give any special firecrackers to minors below the age of 18 years, and for any minor below said age to possess, purchase or fire any special firecrackers or fireworks except as noted in Sec. 11.02 hereof. Retail sale(s) of special fireworks shall be limited to the period starting from the last day of public school before Christmas and ending on the day school starts after New Year's Day and one week prior to and including Chinese New Year's day and the Fourth of July. "SEC. 11.02 LIABILITY OF PARENTS OR GUARDIANS The parents, guardian and other persons having the custody and control of any minor under the age of 18 years, who knowingly permit such minor to possess, purchase or fire any special firecracker shall be deemed to be in violation of this article and shall be subject to penalty thereunder, except the parents or guardian may allow such minor to use any special firecrackers while under his imanediate supervision and. control. "SEC. 11.03 PERIOD OF USE Special firecrackers may be used, subject to the exceptions in Sections 8, 9, and 10 of this article, from one week prior to New Year's day, Chinese New Year's day, until 7:00 p.m. of those holidays, and one week prior to Fourth of July until 2:00 a.n~. following the Fourth of July, and during such period when permission is obtained to discharge fireworks pursuant to Section 5 or 6 hereof. "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.m. and 7:00 a.m, each night of authorized use except on New Year's Eve, Chinese ldew Year's Eve, and Fourth of July night when special fire- crackers may be used until 2:00 a.m. following those days. The limitation of this section shall not be applicable to the discharge of fireworks pursuant to Section 5 or 6 hereof. SECTION 2. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: October 24, 1973 Date of Adoption: November 2!?, 1973 Effective Date: November 28, 1973 -2- INTRODUCED BYE Hilo, Hawaii Date: October 24, 1973 FIRST READING AYES NOES A/E Car enter X De Luz X Farias X Fujii X Hisaoka X Kawahara X Matayoshi X Yadao X Chr. Yamada X 9 Hilo, Hawaii Date: November 20, 1973 SECOND Be FINAL READING AYES NOES A/E Carpenter X De Luz X Farias X Fujii X Flisaoka X Kawahara X Matayoshi X Yadao X Chr. Yamada X 8 1 OEG ~ 1973 Publication Date: OCtObeT' 29, 1973 Publication Date: We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED n;, ±o FOf:fA n:ed ! ~~:~'.biY CORP J ~.>l' ..3 C O VJAII Date _11.~-1-1-.~.7~-------__ ............. Council Chairman ` '~~ ~P~ County Clerk ~ Approved/led this `~~-~ ~~ day of ,. /. _ ~ r ~17+,N II ~,A)1{ ~I{' i' r'~ 111 1 nn u_ ` '~ Mayor, County of Hawaii Bill No. S _ __ Reference: SCDC/LC-11 M.B. No. ~/~` _ e- Ord. No. __.__ +?' l/ Y.-~-~ w/,,/\ +~ Tadashi Suzuki ~ COUNTY CLERK 9 ~ .~ F OFFICE OF THE COUNTY CLERK COUNTY ^F HAWAII HILC, HAWAII 9672^ Mayor Shunichi Kimura County of Hawaii Hilo Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No. 5 passed by the County Council on second and final reading. _~ -~,~ TY COUNTY CLE~% Encl. Dateds Rno_ ai~i~~~ BILL NO. 5 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3, SECTION 11, HAWAII COUNTY CODE, RELATING TO SPECIAL FIRECRACKERS. BE IT ORDAINED BY THE COUtdCIL OF THE COUNTY OF HAWAII. SECTION 1. Chapter 3, Article 3, Section 11, relating to "Unlawful To Set Off Special Firecrackers At Night; Exceptions" is amended as follows: "SEC. 11 SPECIAL FIRECRACKERS "SEC. 11.01 SALE It shall be unlawful for any person to offer for sale, sell or give any special firecrackers to minors below the age of 18 years, and for any minor below said age to possess, purchase or fire any special firecrackers or fireworks except as noted in 8'~ec. 11.02 hereof. "SEC. 11.02 LIABILITY OF PARENTS OR GUARDIANS The parentis, guardian and other persons having the custody and control of any minor under the age of 18 years, who knowingly permit such minor to possess, purchase or fire any special firecracker shall be deemed to be in violation of this article and shall be subject to penalty thereunder, except the parents or guardian may allow such minor to use any special firecrackers while under his immediate supervision and control. "SEC. 11.03 PERIOD OF USE Special firecrackers may be used, subject to the exceptions in Sections 8, 9, and 10 of 1=his article, from one week prior to New Year's, Chinese Neta Year's, and Fourth of July, until 7:00 p.m. of those holidays, and during such period when permission is obtained to discharge fireworks pursuant to Section 5 or 6 hereof. "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.m. and 7:00 a.m. each night of authorized use except on New Year's Eve, Chinese New Year's Eve, and Fourth of July night, and on nights permission is obtained to discharge fireworks pursuant to Section 5 or 6 hereof." SECTION 2. This ordinance shall take effect upon its approval. INTRODUCED BY: Counci man, County o Hawaii Date of Introduction: Date of Adoption: SHUNICHI KIMURA MAYOR COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 25 AUPU NI STREET MILO, HAWAII 96]20 October 1, 1973 County Council County of Hawaii Hilo, Hawaii 96720 Gentlemen: Re: C-43 - 43.8/SCDC/LC-6 Fireworks Ordinance Pursuant to your request, we have drafted the enclosed fireworks ordinance for your consideration and adoption. Very truly yours, APPROVED: V, F\ `~,C~:i" ~ ~ldi? +_ o~. ~~N CLIFFORD H. F. LUM CORPORATION COUNSEL t SU Y A Deputy Corporation Counsel CLIF OR LUM ' Corpor on C KY:pa Enclosures cc: Councilman W.S. Kawahara Mayor '~`~'~ ~4/r9 SHUNICHI KIMURA ° ~ ~ CLIFFORD H. F. lUM MAYOR • t CORPORATION COUNSEL -'N COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 25 AUPUNI STREET KILO, HAWAII G8720 October 23, 1973 County Council County of Hawaii Hilo, Hawaii 96720 Gentlemen: Re: C-43 - 43.8/SCDC/LC-6 Fireworks Ordinance We have revised Bill No. 5 relating to special firecrackers and submit same for your consideration and adoption. Very truly yours, Deputy Cor~'oration Counsel APPROVED: C IFFO LUM ' Corpor on Counsel KY:pa Enclosures cc: Councilman W. S. Kawahara Mayor Shunichi Kimura /~,~ =;~ , BILL PIO. 5 (P.EVISEDj-- LOUD?TY OF HAWAII - STATE OF P.AWAII OPDINF.D'CT: DTO. AD? ORDINANCE AMENDING CHAPTER 3, ARTICLE 3, SECTIOLS 11, HF:FVAII COUNTY CODE, RELATING TO SPECIAL FIRECRACKERS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII. SECTION 1. Chapter 3, Article 3, Section 11, relating to "T_inlawful To Set Off Special Firecrackers At Plight; Exceptions" is amended as follows: "SEC. 11 SPECIl>L FIRECRACKERS "SEC. 11.01 SALE It shall be unlawful for any person to offer for sale, sell or give any special firecrackers to minors below the age of 18 years, and for any minor below said age to possess, purchase or fire any ~~pecial firecrackers or fireworks except as noted in Sec. 11.0? hereof. Sale pf special fireworks shall be limited to the period starting from the last day of public school before Christmas and ending on the day school starts after clew Year's day and one week prior to and including Chinese New Year's day and the Fourth of July. "SEC.. 11.02 LIABILITY OF PARENTS OR GUARDIANS The parentis, guardian and other persons having the custody and control of any minor under the age of 18 years, who knowingly permit such minor to possess, purchase or fire any special firecracker shall be deemed to be in violation of this article and shall be subject to penalty thereunder, except the parents or guardian Bill No. 5 - 1973 AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3, SECTION 11, HAWAII COUNTY CODE, RELATING TO SPECIAL FIRECRACKERS. This Bill amends the Hawaii County Code relating to special Firecrackers. (copy attached - Bill 5) Date Introduced: October 24, 1973 oin Bill, in full, are on file thetpublic. Copies of the foreg g Office of the County Clerk for use and examination y certify that the foregoing Bill passed first read~he I hereby Council on October 24, 1973, by at the meeting of the County following aye and no vote: Councilmen Carpenter, De Luz, Farias, Fujii, Hisaoka, oshi Yadao and Chairman Yamada - 9- AYES: Kawahara, Matay NOES: None. `"": ~ ~~ 'LOIN, /~-,~,~y; w (/ ,~ i B I^ englsMe wewe'coumv COUNTY ` ~ CLERK ~~tl aY Ng a spacial Firecncken CF HAWAI I y~plW 1 6ha4tlar ]; Article J, section COUNTY tltl IdWI1~M1UnIeW1 'I TOE deotl n3ecial y $E~. 11 SPECIAL FIREii C{P DICKERS 8~,. Ir ,OI' 4ALE It shall be 4 NIpP- Mbr any. Derson b oiler for 61~YIh or glut anY special Iaa~nA }o Rlon below the age ofr i fak ~11d` bnY mirgi tielow sold ' ~d kss, purcmase or ure any ~'~ raeaba pr`nrevmrxs ea- ~n 611.0lnMtal. Retail ' y q i I fiAeWWks snail be ~ ~I Me lod Slartilp Irom the y of bli6 school before 1 yp I~pntl ng011 Me deY achpDl y3 IM NaI'~Year's DeY and'Me ' to d inclotlalg Chinese ' ~~ aH day Md Me Faorln of JWR ~E'~p y 111D8 LIABI LITV OF ~~^I~gi OR yGUARDIANS Tne JRgFuardl++n antl tuber persons XIIB IYW cuslptlY endcontrol many K uR m YhA.egQ W la years, wno dwib9~in! peYmit such minor la c lire any special ~C~,~'Gst'Mi e; deem a shape be i 'p}'-PERIOD OF USE prfcaen maY be used. q evicepROns in Sections e. rah 6nHNCIe, from one week kar's tl•aY^Chinese New' ORDIN9NCE N0. 5 (Bill No. 5-].973) "~N ORDINANCE '1MF.N:DING CH9PTER 3, ?1RTICLE 3, FF.CTION 11, HA[aATI COTJNTY CODE, RELil'1'TNG TO SP ECIHT: FIRF.CR.ACKER~. Date ;pprovr~d: No~:~em'~er ?D, 1973 Date ffecti•:~e: D7nvem'^er 28, 1973 Conies of the Foregoin~7 Ordinance, in full., are on file in the Office of th^ Cour+~~ ~ler>< for use and examination by the m~bl.ic. T hereby certi+"y that -the foregoirn7 Ordinance passed second and final reading at the meeting of the County Col.~ncil nn P7ovember 20, 1973„ by the following aye and no vote: 1YES: Councilmen Carpenter, Farias, Fujii, Hisaoka, KawaYlara, b]ataynshi, Yadao and Chairman Yamada - 8. NOES: Councilrlan Dc~ Iniz, COiJNTY CLERK COUNTY OY H,~n'AII ., ~.i; . 1 Tcpvwir pDer~~.. 11 :M S-ECI~L p1~ECA~~C11 Dsla NpD6evM1'IyM~NR 1tl•IM>f ~ 4ala ENK11W. NCVMIM~'a•M M Copies el Me IMeEaI^7 hll, Ke Oa file III IM QII1~e~~!~~'~Ihf;~0111hY CIaIk b[ uN aMavamlatllMn 5T ~ giWic. 1 nxaeY qHI/Y Me11M ItlieVelNp a' gnnCepasM MipntlYV1NM1 natlMV M Ma mMNq si IM CtlIMYII. an Ibwmaal ]0, Ip7. W Ilea Mp, an IIIO NawNi T~IbAfNaHltl.. Dec. a, Inal BILL NO. 5 HAVdAII - STATE~@F~AWAII ORDINANCE NO. +TAI~ AN INP.NCE AAiENDING CHAPTER 3, ARTICLE 3, SECTION 11, UNTY CODE, RELATING TO SPECIAL FIRECRACKERS. BE IT-ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII. \ ~ SECTION 1. Chapter 3, Article 3, Section 11, relating to "Unlawful To Set Off Special Firecrackers At Night; Exceptions" is amended as follows: "SEC. 11 SPECIAL FIRECRACKERS "SEC. 11.01 SALE It shall be unlawful for any person to ofi=er for sale, sell or give any special firecrackers to minors below the age of 18 years, and for any minor below said age to possess, purchase or fire any special firecrackers or fireworks except as noted in Sec. 11.02 hereof. Retail sale(s) of special fireworks shall be limited to the period starting from the last day of public school before Christmas and ending on the day school starts after New Year's Day and one week prior to and including Chinese New Year's day and the Fourth of July. "SEC. 11.02 LIABILITY OF PARENTS OR GUARDIANS The parents.. guardian and other persons `awing the custody and control of any minor under the age of 18 years, who knowingly permit such minor to possess, purchase or fire any special firecracker shall be deemed to be in violation of .this article and shall be subject to penalty thereunder, except the parents or guardian may alloca such minor to use any special firecrackers while under his immediate supervision and control. "SEC. 11.03 PERIOD OF USE Special firecrackers may be used, subject to the exceptions in Sections 8, 9, and 10 of this article, from one week prior to New Year's day, Chinese New Year's day, until 7:00 p.m. of those holidays, and one week prior to Fourth of July until 2:00 a.m. following the Fourth of July, and during such period when permission is obtained to discharge fireworks pursuant to Section 5 or 6 hereof. "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.m. and 7:00 a.m. each night of authorized use except on New Year's Eve, Chinese New Year's Eve, and Fourth of July night when special fire- crackers may be used until 2:00 a.m. following those days. The limitation of this section shall not be applicable to the discharge of fireworks pursuant to Section 5 or 6 hereof. SECTION 2. This ordinance shall take effect upon its approval. INTRODUCED BY: Date of Introduc~ October Date of ption: 1973 -2-