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HomeMy WebLinkAboutCOM 0956.001 1998-2000 Stephen YL Yamashiro Richard Wtademan Mayor ,-i,... " ~T L... ' f: "~arbx)Cawe! Fin 10 39 OFFICE OF THE CORPORATION COUNSEL 1, 101 Aup ni Street, Suite 325 • Hilo, Hawaii 967204262 • (809) 961.8251 • Fa: (808) 9612_ " November 17, 2000 Mr. James Arakaki, Chairman and Councilmembers Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Arakaki and Councilmembers: Re: Fireworks Ordinance Pursuant to your request. Enclosed please find ten (10) copies each of the Hawaii Revised Statutes Chapter 132 (old state law), Senate Bill 680 (new state law), Hawaii County Code Article 5 (present County of Hawaii ordinance) and proposed fireworks ordinance (Draft 2) in regards to the above-referenced matter. Should you have any questions, please feel free to call our office. Sincerely, 1 J e iah Ofl'i of the Corporation Counsel Akch Enclosures cc: Richard Kihara, Fire Dept. w CouncilFireworks.ltr C Comm. No. • He No. Ref. To 1tet. n.>a ~ 2 0 2~1 132-7 PUBLIC SAFETY AND INTERNAL SECURITY c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, "Common fire% § 1(12); RL 1945, §8532; RL 1955, § 184-8; HRS § 132-8; am and ren L 1978, c 241, the public during pr §2(8); gen ch 1985; am L 1998, c 219, §3] 1 through combustion States Bureau §132-8 Duties of owners of Ex generally. Department of Tran: "Department„ Irw Journals and Reviews „Fireworks" t Tort and tosuTMlce "Refatm" in a Common t.aw Court. 14 UH L Rev. 55. stance or combinatio a visible or audible I [CHAPTER 132D] classified as commol FIREWORKS or contained in the and designated as Ul SEcnoN include automotive 132D-1 TITLE pistols, toy cannons, 132D-2 DEFINITIONS twenty-five hundred I32D-3 PERMISSIBLE USES OF NON-AERIAL COMMON FIREWORKS works" also shall 132D4 PPRM=BLE USES OF SPECIAL AND AERIAL COMMON FIREWORKS chapter 396. 132D-5 GENERAL nunaemOHt "License" Inc 132D-6 ExcEpTIDNs I32D-7 LICENSE OR FFRMR REQUIRED not to exceed one c; 132D-8 APPLICATION FOR LICENSE is hereby authorize 132D•9 APPUrATwN FOR PERMIT specifically designa 132D-10 PERMITS "Non-aerial c 132D-11 FEE 132D-12 SALE To MINORS fireworks by the Ur 132D43 LIAMum OF PARENTS OR cUARIMNS 1 of the United States 1320.14 PENALTY which produces an 132D-15 NOTICE REQUIREMENTS 132D-16 PERMIT FOR Pueuc msm AY near the ground at 1321).17 PREEMPTION ground, emits smol, 132D-I9 EFPEcrONamm LAws balls of colored sp; 132D-19 RuLes effects. "Non-aeria 132D-20 FluoRcrmENT as firecrackers whi Case Notes inches in length exc a charge of not in Discussed: 87 H. 71, 951 P.2d 934. sparklers, fountain: height not greater t 1§132D-1] Title. This chapter shall be known and may be cited as the canons, whistles, I "Fireworks Control Law". [L 1994, c 180, pt of § I] ignited remain with where the item wa [§132D-2] Definitions. As used in this chapter unless the context requires and other firework: otherwise: ttsimilar effects. "Aerial common fireworks" means any firework, classified as common fire- F "Permit" me works by the United States Bureau of Explosives or contained in the regulations of to exceed one cale'. the United States Department of Transportation and designated as UN 0336 IAG, authorized to issu which produces an audible or visible effect and which is designed to rise into the air designated herein. and explode or detonate in the air or to fly about above the ground and which is "Pyrotechnic prohibited for use by any person who does not have a display permit issued by a or explosive comf county. "Aerial common fireworks" include firework items commonly known as "Special fire bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo display by produci bombs, roman candles, jumping jacks which move about the ground farther than the United States I inside a circle with a radius of twelve feet as measured from the point where the item States Department was placed and ignited, types of balloons which require fire underneath to propel the prohibited for use same, aerial shells and mines. county. [L 1994, i 18 t fy f ~u' FIREWORKS 13213-2 c 239, "Common fireworks" meanx any firework designed primarily for retail sale to c 241, the public during prescribed date.,; and which produces visible or audible effects through combustion and which is classified as common fireworks by the United States Bureau of Explosives or contained in the regulations of the United Stales Department of Transportation and designated as UN 0336 1.443. ? "Department" means the stale fire council "Fireworks" means any combustible or explosive composition, or any sub- stance or combination of substances, or article prepared for the purpose of producing °i a visible or audible effect by combustion, explosion, deflagration or detonation and M" classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term "fireworks" shall not include automotive safety flares, nor shall the term be construed to include toy pistols, toy cannons, toy guns, party poppers, pop-its or other devices which contain twenty-five hundredths of a grain or less of explosives substance. The term "fire- works" also shall not include any explosives and pyrotechnics regulated under chapter 396. L. "License" means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which the department a is hereby authorized to issue under this chapter, to engage in the act or acts specifically designated herein. "Non-aerial common fireworks" means any firework, classified as common fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0336 1.40, which produces an audible or visible effect and which is designed to remain on or near the ground and which, while stationary or spinning rapidly on or near the ground, emits smoke, a shower of colored sparks, whistling effects, flitter sparks or 1 balls of colored sparks and combination items which contain one or more of these i effects. "Non-aerial common fireworks" include firework items commonly known ] as firecrackers which are single paper cylinders not exceeding one and one-half i inches in length excluding the fuse and one quarter of an inch in diameter containing ; a charge of not more than fifty milligrams of pyrotechnic composition, snakes, sparklers, fountains, and cylindrical or cone fountains which emit effects up to a height not greater than twelve feet above the ground, illuminating torches, bamboo as the canons, whistles, toy smoke devices, wheels, and ground spinners which when ignited remain within a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, novelty or trick items, combination items, equires and other fireworks of like construction which are designed to produce the same or similar effects. an fire- "Permit" means a nontransferable, formal authorization, valid for a period not ions of to exceed one calendar year from the date of issuance and which a county is hereby 5 1.40, authorized to issue under this chapter, to engage in the act or acts specifically the air designated herein. •hich is "Pyrotechnic composition" or "pyrotechnic contents" means the combustible A by a or explosive component of fireworks. own as "Special fireworks" means any firework designed primarily for exhibition daygo display by producing visible or audible effects and classified as special fireworks by er than the United States Bureau of Explosives or contained in the regulations of the United he item States Department of Transportation and designated as UN 0335 1.3G and which are ipel the prohibited for use by any person who does not have a display permit issued by a county, [L 1994, c 180, pt of § I ] 19 132D-3 PUBLIC SAFETY AND INTERNAL SECURITY [§132D-3] Permissible uses of non-aerial common fireworks. Non-aerial 13213-3(t) in any common fireworks may be set off, ignited, discharged, or otherwise caused to which the permit explode within the State only: (1) From 9:00 p.m, on New Year's Eve to 1:00 a.m. on New Year's Day; [§132D-8] from 9:00 p.m. Chinese New Year's Eve to 1:00 a.m. Chinese New 132D-7 shall be Year's Day; and from 9:00 p.m. on the Fourth of July to 1:00 a.m. on shall specify the July 5; or March 31 of eac (2) From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section date upon which 132D-10 if the proposed use is to occur at any time other than during the importer, and t1 periods prescribed in paragraph (1). [L 1994, c 180, pt of §11 partnership and corporation and [§132D-4] Permissible uses of special and aerial common fireworks. (b) Each Special and aerial common fireworks maybe purchased, setoff, ignited, or otherwise separate license. caused to explode in the State only if permitted in writing pursuant to section 13213- of expiration, wl 10. [L 1994, c 180, pt of § I ] on a form settinl begin, the addres [§132D-5] General prohibitions. It shall be unlawful for any person with- a partnership, If out a permit to: corporation, the (1) Remove or extract the pyrotechnic contents from any fireworks; issued pursuant (2) Throw any ignited fireworks from a moving vehicle; or violates any pro, (3) Set off, ignite, discharge, or otherwise cause to explode any fireworks: 4 in such a manna (A) At any time not within the periods for use prescribed in section It sha 132D-3, unless permitted pursuant to section 13213-10; or transferring f (B) Within one thousand feet from any operating hospital, convalescent (1) More descv t of home, home for the elderly, or animal hospital; (2) A (C) In any school building, or on any school grounds and yards without 3( of first obtaining authorization from appropriate school officials; r (D) On any highway, alley, street, sidewalk, or other public way; in any (3) A At t a park; within fifty feet from a canefield; or within one thousand feet to an from any building used for public worship during the periods when 4 tetra services are held; except as may be permitted pursuant to section the ti ~ shall 13213-10; and j trans (E) Within five hundred feet from any hotel. [L 1994, c 180, pt of §1] any amot [§132D-6] Exceptions. The prohibitions in section 13213-5 do not apply to: (d) Any (1) The use of flares, noisemakers, or signals for warning, pest control, or in public view illumination purposes by police and fire departments, utility companies, transportation agencies, and other governmental or private agencies or persons, including agricultural operations, in connection with emer- genies, their duties, or business; and 13213-7 7 shall 9, shall s (2) The sale or use of blank cartridges for a show or theater, or for signal, county shall ins commercial, or institutional purposes in athletics or sports. [L 1994, c and which corn issuance or effe 180, pt of §11 year.'Hte appli [§132D-7] License or permit required. (a) It shall be unlawful for any permit shall be person to import any fireworks into the State, to store, offer to sell or sell, at name of the pre wholesale or retail any fireworks, unless the person has a valid license issued by the of all partners a offi departrrtent cers. The p (b) It shall be unlawful for any person to set off, ignite or discharge aerial presents a subs common or special fireworks at any time or to set off, ignite or discharge non-aerial safety hazard. common fireworks at any time other than the periods for use prescribed in section displayed in pr 20 V pY 1Yy x ~ a 9 ~ ja WWI FIREWORKS I32D-9 aerial I32D-3(1) in any county unless the person has a valid permit issued by the county in ised to which the permitted activity is to occur, [L 1994, c 180, pt of §I] Y; [§132D-81 Application for license. (a) The license required under section r rs e ..ew I32D-7 shall be issued by the department and shall be nontransferable. The license W ,.m. on shall specify the date of issuance or effect and the date of expiration, which shall be r4 a March 31 of each year. The application shall be made on a form setting forth the . :i'•. ` section date upon which the importations are to begin, the address of the location of the a?" ing the importer, and 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 its officers. works. (b) Each storage, wholesaling and retailing site shall be required to obtain a ` w wise separate license. The license shall specify the date of issuance or effect and the date I32D- of expiration, which shall be March 31 of each year. The application shall be made ?s on a form setting forth the date upon which the storage, sale or offers for sale are to begin, the address of the location of the licensee, and the name of the proprietor, or, if n with- a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the name of its officers. Any license issued pursuant to this chapter may be revoked by the department if the licensee violates any provision of this chapter or if the licensee stores or handles the fireworks { works: in such a manner as to present an unreasonable safety hazard. section (c) It shall be unlawful for any person, other than a wholesaler who is selling or transferring fireworks to a licensed retailer, to sell or offer to sell any fireworks: descent (1) More than seven calendar days prior to the designated period for use as described in section I32D-3(I); .vithout (2) At other than the designated periods for use set forth in section 13213- ds; 3(1), unless the purchaser presents a valid permit; or ; in any (3) At any other time, and whenever the sale of special fireworks is involved, utd feet to any person who does not present a permit duly issued as requited by ) . is when section 1320-7. The 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 on the permit the amount and type of fireworks sold or t of §1] transferred. No person shall sell or deliver fireworks to any pennittee in any amount in excess of the amount specified in the permit, less the pply to: amount shown on the permit previously to have been purchased. drol, or (d) Any license issued pursuant to this chapter shall be prominently displayed rpanies in public view at each licensed location, [L 1994, c 180, pt of §11 rcies or emer- [§132D-91 Application for permit. The permit required under section I3213-7 shall be issued by the county fire department and be nontransferable. The signal, county shall issue all permits for which complete applications have been submitted ' 1994, c and which contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year, The application shall be made on a form setting forth the dates for which the for any permit shalt be valid, the location where the permitted activity is to occur, and the sell, at name of the proprietor or, if a partnership, the name of the partnership and the names 1 by the of all partners or, if a corporation, the name of the corporation and the names of its officers. The permit application may be denied if the proposed use of fireworks e aerial presents a substantial inconvenience to the public or presents an unreasonable fire or n-aerial safety hazard. Any permit issued pursuant to this chapter shall be prominently section displayed in public view at the site. [L 1994, c 180, pt of §I] 21 132D-9 PUBLIC SAFETY AND INTERNAL SECURITY Revision Note (3) The SubsaYioo ticsigm(ion ddetcd pursuant to §23G-15(l). (4) The (5) The [§132D-10] Permits. A permit shall be required for the purchase, setting (c) No p off, ignition, or discharge of. at the applicant (1) Any non-aerial common fireworks when the proposed date of the use of (1) Awl the fireworks is not within the periods prescribed in section 132D-3(1); for tl and dam: (2) Any aerial common and any special fireworks under all circumstances any ( and at any time. [L 1994, c 180, pt of § I ] the a pers, [§132D-11] Fee. The fee for the license required under section 132D-7 shall taus not exceed $110 for each year or fraction of a year in which the licensee plans to acts conduct business and shall be payable to the department. The fee for the permit subs requited under section 132D-7 shall be no greater than $25 for each year or fraction and of a year in which the permittee plans to conduct business and shall be payable to the ten county in which the permitted activity is to occur. [L 1994, c 180, pt of §1) (2) The the [§132D-12] Sale to minors. It shall be unlawful for any person to offer for togr We, sell, or give any fireworks to minors, and for any minor to possess, purchase, or am( set off, ignite, or otherwise cause to explode any fireworks, except as provided in $10 section 132D-13. (L 1994, c 180, pt of § I J to a f fror [§132D-13) Liability of parents or guardians. The parents, guardian, and age` other persons having the custody or control of any minor, who knowingly permit the full minor to possess, purchase, or set off, ignite, or otherwise cause to explode any disf fireworks, shall be deemed to be in violation of this chapter and shall be subject to the The cow penalties thereunder, except that the parents or guardian may allow the minor to use amounts set f fireworks while under the immediate supervision and control of the parent or consideration guardian, or under the supervision and control of another adult. [L 1994, c 180, pt of special firewol (d) The § 1J being satisfied [§132D-14] Penalty. (a) Any person importing aerial common fireworks or ; be handled by special fireworks into the State without first having obtained a license as required by be hazardous t section 132D-7 shall be guilty of a class C felony. shall authorize (b) Except as provided in subsection (a), any person violating any other time set forth provision of this chapter, shall be guilty of a petty misdemeanor. [L 1994, c 180, between the d: pt of § 11 of those sped [§132D-15] Notice requirements. Each licensed retail outlet shall post [§132D- adequate notice that clearly cautions each person purchasing fireworks of the entire field of prohibitions, liabilities, and penalties incorporated in sections 13213-12, 13213-13, (b) No and 13213-14. [L 1994, c 180, pt of §I] ordinances or fireworks. All [§132D-16] Permit for public display. (a) Any person desiring to setoff, March 31, 1S ignite, or discharge special fireworks for a public display shall apply to, and obtain a permit as required by section 13213-7, from the county not less than twenty days before the date of the display. "March 31, r (b) The application shall state, among other things: (1) The name, age, and address of the applicant; [§132D- (2) The name, age, and address of the person who will operate the display, to apply to th and verification that the person is a licensed pyrotechnic operator, accordance a 22 is ip.' FIREWORKS 132D-18 (3) The time, date, and place of the display; I (4) The type and quantity of special fireworks to be displayed; and (5) The purpose or occasion for which the display is to be presented. P (c) No permit shall be issued under this section unless the applicant presents, at the applicant's option, either: c of (1) A written certificate of an insurance carrier, which has been issued to or ,(I for the benefit of the applicant, or a policy providing for the payment of s damages in the amount of not less than $5,000 for injury to, or death of, xes any one person, and subject to the foregoing limitation for one person; in Z~l the amount of not less than $10,000 for injury to, or death of, two or more persons; and in the amount of not less than $5,000 for damage to property, A hall caused by reason of the authorized display and arising from any tortious ,s to acts or negligence of the pennittec, the perniltee's agents, employees, or rrnit subcontractors. The certificate shall state that the policy is in full force ; tion and effect and will continue to be in full force and effect for not less than the ten days after the dale of the public display; or (2) The bond of a surety company duly authorized to transact business within the State, or a bond with not less than two individual sureties who r for together have assets in the State equal in value to not less than twice the e, or amount of the bond, or a deposit of cash, in the amount of not less than d in $10,000 conditioned upon the payment of all damages that may be caused to any person or property by reason of the authorized display and arising from any tonious acts or negligence of the permittee, the permittee's and agents, employees, or subcontractors. The security shall continue to be in t the full force and effect for not less than ten days after the date of the public any display. 3the The county may require coverage in amounts greater than the minimum j Luse amounts set forth in paragraph (1) or (2) if deemed necessary or desirable in t it or consideration of such factors as the location and scale of the display, the type of 1 X of special fireworks to be used, and the number of spectators expected. ' (d) The county, pursuant to duly adopted rules, shall issue the permit after being satisfied that the requirements of subsection (c) have been met, the display will is or be handled by a pyrotechnic operator duly licensed by the State, the display will not d by be hazardous to property, and the display will not endanger human life. The permit shall authorize the holder to display special fireworks only at the place and during the xher time set forth therein, and to acquire and possess the specified special fireworks 180, between the dale of the issuance of the permit and the time during which the display of those special fireworks is authorized. [L 1994, c 180, pt of §I] post [§132D-17] Preemption. (a) It is the intent of the legislature to occupy the the ' entire field of regulation in all matters that are the subject of this chapter. > 13 (b) Notwithstanding any other law to the contrary, no county shall enact any ordinances or adopt any rules, except as required in section 13213-7 regulating fireworks. All ordinances and rules regulating fireworks, adopted by a county before t off, March 31, 1995, are declared null and void. [L 1994, c 180, pt of §I] ain a days Revision Note "March 31, 1995" substituted for 'the effective date of this section-- (§132D-181 Effect on other laws. Nothing in this chapter shall be construed play, to apply to the possession, storage, sale, or use of explosives and combustibles in accordance with chapter 396. [L 1994, c 180, pt of § I] 23 132D-19 PUBLIC SAFETY AND INTERNAL SECURITY FIREARMS, [§132D-19] Rules. The department shall adopt rules pursuant to chapter 91 tared in the United to carry out the purposes of this chapter, including, but not limited to different classes commercial trade. of licenses and permits for matters concerning special and common fireworks. [L "Assault pistol 1994, c 180, pt of § I ] magazine and which (1) An ammu. [§132D-20] Enforcement. This chapter shall be enforced by the department grip; and designated county agencies. The counties are authorized to enforce and adminis- (2) A threade, ter the provisions of this chapter regulating permits for display, agricultural uses, forward It uses by commercial establishments and wholesale and retail sales of fireworks. [L (3) A shroud 1994, c 180, pt of § I ] barrel and hand with CHAPTER 134 (4) A manuf; FIREARMS, AMMUNITION AND DANGEROUS WEAPONS unloaded; (5) A centerii PART 1. GENERAL Rom)" 1oNs (6) It is a ser SECTION but does not includ( 134-1 DmNmom antique pistol as defi 134.2 PERMITS To ACQUIRE United States Code 134-3 RECtsmATra+, MANDATORY, ExcarnoNs "Automatic fit 1345 POSSESSION BY LICENSED HUNTERS AND MINORS; TARGET SHOO'I'NG; GAME HUNTING 134-6 CARRYING OR USE OF FIREARM IN THE COMMISSION OF A SEPARATE FELONY; PLACE TO KEEP can be readily modlt FIREARW; LOADED FIREARMS; PENALTY reloading, by a sing) 1347 GwNPRstur OR Possus mN FlmHnmEG. WHEW; PENALTY or receiver of any s 134-7.5 SEIZURE OF FIREARMS IN DOMESTIC ABUSE SITUATIONS; REQUIREMENTS; Ref URN OF 1349 Ummses To CARRY sively, or any comb 13411 ExEMeTIONs firearm into an auto 13417 PENALTIES automatic firearm c; 134-I8 QUALIFIED IMMUNITY TOR PHYSICIANS, PSYCHOLOGISTS, OR PSYCHIATRISTS WHO PROVIDE control of a single 1 INFORMATION ON PERMR APPLICANTS "Chief of poll PART II. FIREARMS, DEALFRs' LICENSES Kauai, or the city a 13432 LICENSE To Sn AND MANUFACTURE FIREARMS; CONDITIONS "Crime of vic injury or threat of i PART III. DANGEROUS WEAPONS "Electric gun 134-51 DEADLY wEAPoNs; PROHIBITIONS; PENALTY project a missile or 134-53 BUr utmy KNIVES; PROHIBITIONS; PENALTY prod used in anima Cross Refemucvs "Firearm" m( including but not li gem tolerance policy for drugs and Weapons, Me 1302A-1134.5. noxious gas project "Firearm loa( Case Notes with ammunition p; Defendant could not claim that state firearms regulations infringed upon rights protected by Second magazine which is Amendment 82 H. 143, 920 P.2d 357. "Fugitive fro Right to bear arms may be regulated by the State in a reasonable manner. 82 H. 143,920 P.2d 357. territory, the Distr. Appellate court precluded frorn renwndin; convictions for retrial as no lessor Included offense of a ry. felon in possession of a lineation or ammunition under this chapter. 82 H. 517 (App.), 923 P.2d 934. prosecution for a it PART 1. GENERAL REGULATIONS ex who has fled fro extradition back to §1341 Definitions. As used in this chapter, unless the context indicates "Pistol" or " otherwise; sixteen inches in "Acquire" means gain ownership of. noxious gas. "Antique pistol or revolver , means any pistol or revolver manufactured before "Public high, 1899 and any replica thereof if it either is not designed or redesigned for using "Semiautom; rimfire or conventional centerfire fixed ammunition or is designed or redesigned to energy of the explc use rimfire or conventional centerfire fixed ammunition that is no longer manufac- fresh cartridge wit] 24 ( ei ,;r THE SENATE S. B. NO, S D 1 TWENTIETH LEGISLATURE, 2000 H.D. 2 STATE OF HAWAII C.D. 1 A BILL FOR AN ACT RELATING TO FIREWORKS. BE IT ENACTED BY THE LEGLSLATIME OF THE STATE OF HAWAII: 1 SECTION 1. The legislature finds that the widespread 2 discharge of fireworks in all counties in the State creates a 3 serious safety hazard for persons and property as well as a 4 severe health risk--particularly for the young, the elderly, and S others with respiratory ailments--as a result of concentrated 6 sulfuric smoke emissions. The Honolulu fire department has 7 stated that they received many reports of dangerous fires caused 8 by illegal aerial fireworks during this year's New Year 9 celebrations, with serious injuries and death having occurred. 10 The widespread use of fireworks also burdens county resources. 11 The legislature also finds that fireworks in Hawaii are used 12 in celebrations of cultural significance to the people of the 13 State, including the New Year, Chinese New Year, and Fourth of 14 July. 15 The purpose of this Act is to permit the use of fireworks in 16 the State only for cultural purposes and public displays as 17 established in this Act; provided that the amount of firecrackers 18 to be sold to an individual, shall be limited to 5,000 19firecrackers per permit; and provided further that fireworks for 20 cultural purposes shall not be purchased more than five days 2000-0592(B) SB680 CD1 SMA-11 Page2 S, B. NO, SD 1 ' H.D. 2 C.D. 1 lbefore the event. This Act also increases the license fees for 2 the importation, sale, or storage of fireworks. In addition, 3 this Act reinforces the prohibition on the use of aerial common 4 fireworks and special fireworks in the State, except for 5 permitted use in public displays, and changes the penalties for 6 importation, sale, possession, and use of aerial common 7 fireworks. 8 SECTION 2. Chapter 132D, Hawaii Revised Statutes, is 9 amended by adding a new section to be appropriately designated 10 and to read as follows: 11 05132D- Importation of aerial common fireworks, special 12 fireworks, or both, for public display. Aerial common fireworks, 13s-Pecial fireworks, or both, shall only be imported and stored, if 14 necessary, in an amount sufficient for an anticipated three-month 15 inventory; provided that if a licensee under section 132D-7 16 provides aerial common fireworks, special fireworks, or both, for 17 public displays as allowed under section 132D-16 more than once a 18 month, the licensee may import or store, if necessary, sufficient 19 aerial common fireworks, special fireworks, or both, for a six- 20 month inventory." 21 SECTION 3. Chapter 132D, Hawaii Revised Statutes, is 22 amended by adding a new section to be appropriately designated 23 and to read as follows: 2000-0592(B) SB680 CD1 SMA-11 Page3 S. B, NO, S6.' D.1 H.D. 2 C.D. 1 1 •5132D- Licensee; bill of lading, notification, storage, 2 limits on sales. (a) Any person who has obtained a license 3 under section 132D-7 and ships fireworks into the State shall: 4 (1) Clearly designate the types of fireworks in each 5 shipment on the bill of lading or shipping manifest 6 with specificity; 7 (22) Declare on the bill of lading or shipping manifest the 8 Gross weight of aerial common fireworks, non-aerial 9 common fireworks, and special fireworks to be imported 10 in each shipment and the location of the storage 11 facility, if applicable, in which the fireworks are to 12 be stored; 13 (3) Prior to shipment and when booking each shipment of 14 fireworks, notify the appropriate county official as 15 determined by the county regarding whether the shipment 16 will be distributed from: 17 (A) Pier to pier; 18 (B) Pier to warehouse or storage facility; or 19 ) Pier to redistribution; and 20 (44) At the time shipping is booked, the importer or 21 consignee shall notify the appropriate county official 22 as determined by the county in writing of the expected 23 shipment's landing date. 2000-0592(B) SB680 CD1 SMA-11 Page4 S.B. NO. S68DO 1 ' H.D. 2 C.D. 1 1 (b) The fire department of a county, in which a shipment of 2 fireworks has landed and becomes subject to the Jurisdiction of 3 the fire department, shall be allowed to inspect if it chooses 4 any shipment declared on the shipping manifest as fireworks 5 (c) The facility in which fireworks are to be stored must: 6 (1) Have received approval fifteen days prior to the 7 shipment's arrival from the appropriate county fire 8 department; an- d-9 (2) Meet all state and county fire and safety codes 10 (d) Any fireworks landed in the State shall be subject to 11 seizure and forfeiture if: 12 (1)_ The importer or consignee does not have in the 13 importer's or consignee's possession a valid license to 14 import fireworks under section 132D-7- 15 (2) The consignee does not have a valid license to store 16 fireworks under section 132D-7; or 17 (3)_ The fireworks have not been declared or have been 18 misdeclared in violation of section (a) 19 (e) No person holding a retailer license to sell non-aerial 20 common fireworks shall be allowed to sell non-aerial common 21fireworks commonly known as firecrackers in a packet size larger 22 than 5,000 individual units. Any person violating this 23 subsection shall be guilty of a misdemeanor. 2000-0592(B) SB680 CD1 SMA-11 Page5 S.B. NO. SD I H.D. 2 C.D. 1 1 (f) Any person violating subsections (a), (c), or (d) shall 2 be subiect to the following for shipments of fireworks of: 3 (1)_ Twenty-five pounds or less gross weight shall be a 4 Petty misdemeanor; 5 (2)_ Over twenty-five pounds to three hundred pounds gross 6 weight shall be a misdemeanor; 7 (3) Over three hundred pounds to ten thousand pounds gross 8 weight shall be a class C felony; and 9 (4) More than ten thousand pounds gross weight shall be a 10 class B felony." 11 SECTION 4. Section 132D-1, Hawaii Revised Statutes, is 12 amended as follows: 13 1. By inserting three new definitions to read: 14 ""Cultural" means relating to the arts, customs, traditions, 15 mores, and history of all of the various ethnic groups of Hawaii. 16 "Import" (and any nounal, verbal, adiectival, adverbial, and 17 other equivalent form of the term used interchangeably in this 18 chapter) means to bring or attempt to bring fireworks into the 19 State or to cause fireworks to be brought into the State. 20 "Public display" means a public exhibition and the use of 21fireworks for commercial activities (including such activities as 22 movie or television production)." 23 2. By amending the definition of "aerial common fireworks" 2000-0592(B) SB680 CD1 SMA-11 Page6 S.B. NO. SD 1 ' H.D. 2 C.D. 1 1 to read: 2 ""Aerial common fireworks" means any firework, classified as 3 common fireworks by the United States Bureau of Explosives or 4 contained in the regulations of the United States Department of 5 Transportation and designated as UN 0336 1.4G, which produces an 6 audible or visible effect and which is designed to rise into the 7 air and explode or detonate in the air or to fly about above the 8 ground and which is prohibited for use by any person who does not 9 have a [display permit] permit for Public display issued by a 10 county[.] under section 132D-16. "Aerial common fireworks" llinclude firework items commonly known as bottle rockets, sky 12 rockets, missile-type rockets, helicopters, torpedoes, daygo 13 bombs, roman candles, flying pigs, and jumping jacks, which move 14 about the ground farther than inside a circle with a radius of 15 twelve feet as measured from the point where the item was placed 16 and ignited, [types'of balloons which require fire underneath to 17 propel the same,] aerial shellsl and mines." 18 SECTION 5. Section 132D-3, Hawaii Revised Statutes, is 19 amended to read as follows: 20 "[05132D-303 Permissible uses of non-aerial common 21fireworks. Non-aerial common fireworks may be set off, ignited, 22 discharged, or otherwise caused to explode within the State only: 23 (1) From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New 2000-0592(B) SB680 CD1 SMA-11 Pagel S,B, NO, SD 1 H.D. 2 C.D. 1 1 Year's Day; from [9:00 p.m.] 7:00 a.m. [Chinese New 2 Year's Eve] to [1:00 a.m.] 7:00 p.m. on Chinese New 3 Year's Day; and from [9:00] 1:00 p.m. to 9:00 p.m. on 4 the Fourth of July [to 1:00 a.m. July 51; or 5 (2) From 9:00 a.m. to 9:00 p.m. as allowed by permit 6 pursuant to section 132D-10 if the proposed cultural 7 use is to occur at any time other than during the 8 periods prescribed in paragraph (1)[.]L 9 provided that the purchase of not more than 5,000 individual non- 10 aerial common fireworks commonly known as firecrackers shall be 11 allowed under each permit.° 12 SECTION 6. Section 132D-4, Hawaii Revised Statutes, is 13 amended to read as follows: 14 "[[15132D-4[7] Permissible uses of special fireworks and 15 aerial common fireworks. Special fireworks and aerial common 16fireworks may be purchased, set off, ignited, or otherwise caused 17 to explode in the State only if for public display and permitted 18 in writing pursuant to [section] sections 132D-10 and 132D- 1916." 20 SECTION 7. Section 132D-7, Hawaii Revised Statutes, is 21amended by to read as follows: 22 "[[]$132D-7[]] License or permit required. [(a) It shall 23 be unlawful for any person to import any fireworks into the 24 State, to] A person shall not: 2000-0592(B) SB680 CD1 SMA-11 Page8 S.B. NO. SD 1 H.D. 2 C.D. 1 1 1) Import, store, offer to sell, or sell, at wholesale or 2 retail, [any] aerial common fireworks, special 3 fireworks, or non-aerial common fireworks, unless the 4 person has a valid license issued by the [department.] 5 county: 6 (2) Possess aerial common fireworks or special fireworks 7 without a valid license to import, store, or sell 8 aerial common fireworks or special fireworks, or a 9 valid permit as provided for in this chapter: or 10 [(b) It shall be unlawful for any person to set off, ignite 11or discharge aerial common or special fireworks at any time or to 12 set off, ignite or discharge] 13 (3) Purchase non-aerial common fireworks [at any time other 14 than the periods] with a permit under section 132D-10 15 more than five calendar days before the applicable time 16 period for use prescribed in section 132D-3[(1)] in. 17 [any] the county [unless the person has a valid permit 18 issued by the county in which the permitted activity is 19 to occur.] that issued the permit." 20 SECTION 8. Section 132D-8, Hawaii Revised Statutes, is 21amended to read as follows: 22 ¦[[]5132D-8[]] Application for license. (a) (The license] 23 All licenses required under section 132D-7 shall be issued by the 2000-0592(B) SB680 CD1 SMA-11 Page9 S.U. NO. SD 1 H.D. 2 C.D. 1 1 [department] county and shall be nontransferable. [The license] 2 Licenses to import shall specify the date of issuance or effect 3 and the date of expiration, which shall be March 31 of each year. 4 The application shall be made on a form setting forth the date 5 upon which the importations are to begin, the address of the 6 location of the importer, and the name of the proprietor or, if a 7 partnership, the name of the partnership and the names of all 8 partners or, if a corporation, the name of the corporation and 9 the names of its officers. If the state fire council or county 10 discovers at a later date that a licensee has been convicted of a llfelony under this chapter, the licensee's license shall be 12 revoked and no new license shall be issued to the licensee for 13 two years. 14 (b) Each storage, wholesaling. and retailing site shall be 15 required to obtain a separate license. The license shall specify 16 the date of issuance or effect and the date of expiration, which 17 shall be March 31 of each year. The application shall be made on 18a form setting forth the date upon which the storage, sale. or 19 offers for sale are to begin, the address of the location of the 20licensee, and the name of the proprietor, or, if a partnership, 21 the name of the partnership and the names of all partners or, if 22 a corporation, the name of the corporation and the name of its 23officers. Any license issued pursuant to this chapter may be 2000-0592(B) SB680 CD1 SMA-11 Page 10 S.B. NO. s D 1 H.D. 2 C.D. 1 I revoked by the [department] county if the licensee violates any 2 provision of this chapter or if the licensee stores or handles 3 the fireworks in such a manner as to present an unreasonable 4 safety hazard. 5 (c) It shall be unlawful for any person, other than a 6 wholesaler who is selling or transferring fireworks to a licensed 7 retailer, to sell or offer to sell any fireworks[: 8 (1) More than seven calendar days prior to the designated 9 period for use as described in section 132D-3(1); 10 (2) At other than the designated periods for use set forth 11 in section 132D-3(1), unless the purchaser presents a 12 valid permit; or 13 (3) At] at any (other] time[, and whenever the sale of 14 special fireworks is involved,] to any person who does 15 not present a permit duly issued as required by section 16 [132D-7.] 132D-10 or 132D-16. The permit shall be 17 signed by the seller or transferor at the time of sale 18 or transfer of the fireworks, and the seller or 19 transferor shall indicate on the permit the amount and 20 type of fireworks sold or transferred. No person shall 21 sell or deliver fireworks to any permittee in any 22 amount in excess of the amount specified in the permit, 23 less the amount shown on the permit previously to have 2000-0592(B) SB680 CD1 SMA-11 S.B. NO, SD 1 H.D. 2 C.D. 1 1 been purchased[.]; provided that no fireworks shall be 2 sold to a permittee holding a permit issued for 3 purposes of section 132D-3, more than five calendar 4 days before the applicable time period under section 5 132b-3- 6 (d) Aerial common fireworks, special fireworks, or both, 7 shall only be sold or transferred by a wholesaler to a person S with a valid permit under sections 132D-10 and 132D-16. No 9 person with a valid permit under sections 132D-10 and 132D-16 10 shall sell or transfer aerial common fireworks, or special 11 fireworks, or both, to any other person. 12 [(d)] (e) Any license issued pursuant to this chapter shall 13 be prominently displayed in public view at each licensed 14 location. 15 SECTION 9. Section 132D-9, Hawaii Revised Statutes, is 16 amended to read as follows: 17 '§132D-9 !Application for permit. The permit required under 18 section [132D-7] 132D-10 or 132D-16 shall be issued by the county 19[fire department] and be nontransferable. The county shall issue 20 all permits for which complete applications have been submitted 21and which contain only correct information. The permit shall 22 specify the date of issuance or effect and the date of expiration 23 but in no case for a period to exceed one year. The permit for 2000-0592(B) SB680 CD1 SMA-11 Page 12 S, U. NO, o, SAD. 1 H.D. 2 C.D. 1 1 the purchase of non-aerial common fireworks for the purposes of 2 section 132D-3 shall not allow purchase for more than one event 3 as set forth in section 132D-3. The application shall be made on 4 a form setting forth the dates for which the permit shall be 5 valid, the location where the permitted activity is to occur, and 6 the name of the proprietor or, if a partnership, the name of the 7 partnership and the names of all partners or, if a corporation, 8 the name of the corporation and the names of its officers. The 9 permit application may be denied if the proposed use of fireworks 10 presents a substantial inconvenience to the public or presents an llunreasonable fire or safety hazard. Any permit issued pursuant 12 to this chapter shall be prominently displayed in public view at 13 the site. 14 SECTION 10. Section 132D-10, Hawaii Revised Statutes, is 15 amended to read as follows: 16 "1El5132D-10[]]• Permits. A permit shall be required for 17 the purchase[, setting off, ignition, or discharge] of: 18 (1) Any non-aerial common fireworks [when the proposed date 19 of the use of the fireworks is not within the periods 20 prescribed in section 132D-3(1); and] commonly known as 21 firecrackers upon payment of a fee of $25; and 22 (2) Any aerial common fireworks and any special fireworks 23 [under all circumstances and at any time.] for the 2000-0592(B) SB680 CD1 SMA-11 Page 13 S.B. NO. 6S8DO 1 H.D. 2 C.D. 1 1 purposes of section 132D-16." 2 SECTION 11. Section 132D-11, Hawaii Revised Statutes, is 3 amended to read as follows: 4 '[[]5132D-11[]] Fee. (a) The fee for the license required Sunder section 132D-7 shall [not exceed $1101 be $3,000 for 6 importers, $2,000 for each wholesaler's site, $1,000 for each 7 storace site, and $500 for each retailer's site, and $110 for 8 permits for public display under section 132D-16 for each year or 9 fraction of a year in which the licensee plans to conduct 10 business and shall be payable to the [department.] county. The lllicense fees shall be used by each county fire department to pay 12 the salary of an auditor of fireworks records. The auditor shall 13 monitor strict inventory and recordkeepinc requirements to ensure 14 that sales of fireworks are made only to license or permit 15 holders under this chapter. The county shall provide an 16 exemption from the fees under this section to nonprofit community 17 croups for importation and storace of fireworks for displays once 18 a year. 19 (b) The fee for the [permit] license required under section 20132D-7 shall be [no greater than $251 the fee specified in 21subsection (a) for each year [or], fraction of a year, or event 22 in which the [permittee] licensee plans to conduct business and 23 shall be payable to the county in which the permitted activity is 2000-0592(B) SB680 CD1 SMA-11 Page 14 JC, B, NO, ~ 1 NO, H.D. 2 C.D. 1 Ito occur.' 2 SECTION 12. Section 132D-14, Hawaii Revised Statutes, is 3 amended to read as follows: 4 NE13513213-14(31 Penalty. (a) [Any person importing aerial S common fireworks or special fireworks into the State without 6 first having obtained a license as required by section 132D-7 7 shall be guilty of a class C felony.] Any person: 8 (1) Importing aerial common fireworks or special fireworks 9 without having a valid license under section 132D-7 10 shall be guilty of a class C felony; 11 2) Purchasing, possessing, setting off, igniting, or 12 discharging aerial common fireworks or special 13 fireworks without a valid permit under sections 132D-10 14 and 132D-16, or storing, selling, or possessing aerial 15 common fireworks or special fireworks without a valid 16 license under section 132D-7: 17 (A) If the total weight of the aerial common fireworks 18 or special fireworks is twenty-five pounds or 19 more, shall be ctuilty of a class C felony; or 20 (B) If the total weight of the aerial common fireworks 21 or special fireworks is less than twenty-five 22 pounds, shall be guilty of a misdemeanor. 23 (33) Who transfers or sells aerial common fireworks or 2000-0592(B) SB680 CD1 SMA-11 Page 15 O. ~ SR N 1 J D V H.D. 2 C.D. 1 1 special fireworks to a person who does not have a valid 2 permit under sections 132D-10 and 132D-16, shall be 3 guilty of a class C felony; and 4 (4) Who removes or extracts the pvrotechnic contents from 5 any fireworks and uses the contents to construct 6 fireworks or a fireworks related device shall be guilty 7 of a misdemeanor. 8 (b) Except as provided in subsection (a)[,] or as otherwise 9 specifically provided for in this chapter, any person violating 10 any other provision of this chapter, shall be [guilty of a petty 11 misdemeanor.] fined not more than $2,000 for each violation. 12 (c) The court shall collect the fines imposed in 13 subsections (a) and (b) for violating this chapter and of the 14 fines collected shall pay twenty per cent to the State and eighty 15 per cent to the county in which the fine was imposed which shall 16 be expended by the county for law enforcement purposes." 17 SECTION 13. Section 132D-16, Hawaii Revised Statutes, is 18 amended to read as follows: 19 uIE15132D-16[7] Permit for public display. (a) Any person 20 desiring to set off, ignite, or discharge aerial common 21fireworks, special fireworks, or both, for a public display shall 22 apply to, and obtain a permit as required by section [132D-7,] 23132D-10, from the county not less than twenty days before the 24 date of the display. 2000-0592(B) SB680 CD1 SMA-11 Page 16 S.B, NO, SD 1 H.D. 2 C.D. 1 1 (b) The application shall state, among other things: 2 (1) The name, age, and address of the applicant; 3 (2) The name, age, and address of the person who will 4 operate the display, and verification that the person 5 is a licensed pyrotechnic operator; 6 (3) The time, date, and place of the display; 7 (4) The type and quantity of aerial common fireworks, 8 special fireworks, or both, to be displayed; and 9 (5) The purpose or occasion for which the display is to be 10 presented. 11 (c) No permit shall be issued under this section unless the 12 applicant presents, at the applicant's option, either: 13 (1) A written certificate of an insurance carrier, which 14 has been issued to or for the benefit of the applicant, 15 or a policy providing for the payment of damages in the 16 amount of'not less than $5,000 for injury to, or death 17 of, any one person, and subject to the foregoing 18 limitation for one person; in the amount of not less 19 than $10,000 for injury to, or death of, two or more 20 persons; and in the amount of not less than $5,000 for 21 damage to property, caused by reason of the authorized 22 display and arising from any tortious acts or 2000-0592(B) SB680 CD1 SMA-11 Page 17 S.B. NO, ~D S.. 1 H.D. 2 C.D. 1 1 negligence of the permittee, the permittee's agents, 2 employees, or subcontractors. The certificate shall 3 state that the policy is in full force and effect and 4 will continue to be in full force and effect for not 5 less than ten days after the date of the public 6 display; or 7 (2) The bond of a surety company duly authorized to 8 transact business within the State, or a bond with not 9 less than two individual sureties who together have 10 assets in the State equal in value to not less than 11 twice the amount of the bond, or a deposit of cash, in 12 the amount of not less than $10,000 conditioned upon 13 the payment of all damages that may be caused to any 14 person or property by reason of the authorized display 15 and arising from any tortious acts or negligence of the 16 permittee, the permittee's agents, employees, or 17 subcontractors. The security shall continue to be in 18 full force and effect for not less than ten days after 19 the date of the public display. 20 The county may require coverage in amounts greater than the 21 minimum amounts set forth in paragraph (1) or (2) if deemed 22 necessary or desirable in consideration of such factors as the 23 location and scale of the display, the type of aerial common 2000-0592(B) SB680 CD1 SKA-11 Page 18 S, B, NO. 6SD'o , H.D. 2 C.D. 1 ifireworks, special fireworks, or both, to be used, and the number 2 of spectators expected. 3 (d) The county, pursuant to duly adopted rules, shall issue 4 the permit after being satisfied that the requirements of 5 subsection (c) have been met, the display will be handled by a 6 pyrotechnic operator duly licensed by the State, the display will 7 not be hazardous to property, and the display will not endanger Shuman life. The permit shall authorize the holder to display 9 aerial common fireworks, special fireworks, or both, only at the 10place and during the time set forth therein, and to acquire and 11possess the specified aerial common fireworks, special fireworks. 12 or both, between the date of the issuance of the permit and the 13 time during which the display of those aerial common fireworks, 14 special fireworks, or both, is authorized." 15 SECTION 14. Section 132D-17, Hawaii Revised Statutes, is 16 amended to read as follows: 17 "[[35132D-171] Preemption. (a) It is the intent of the 18 legislature to occupy the entire field of regulation in all 19 matters that are the subject of this chapter. 20 (b)] Inconsistent county ordinances, rules. Notwithstanding 21any other law to the contrary, no county shall enact [any] 22 ordinances or adopt any rules[,] regulating fireworks, except as 23 required in [section 132D-7 regulating fireworks. All] this 2000-0592(B) SB680 CD1 SMA-11 Page 19 S.B. NO. SD 1 H.D. 2 C.D. 1 1 -chapter, that is inconsistent with or more restrictive than the 2 provisions of this chapter. Anv ordinances and rules regulating 3 fireworks [ , ] that were enacted or adopted by a county before 4March 31, 1995, except those provisions which are not S inconsistent with, or more restrictive than those of this 6 chapter, are declared [null and] void." 7 SECTION 15. Section 132D-20, Hawaii Revised Statutes, is S amended to read as follows: 9 "[[75132D-20[]] Enforcement. This chapter shall be 10 enforced by [the department and designated] each county 11[agencies]. The counties are authorized to enforce and 12administer the provisions of this chapter [regulating permits for 13display, agricultural uses, uses by commercial establishments and 14wholesale and retail sales of fireworks]." 15 SECTION 16. Section 132D-2, Hawaii Revised Statutes, is 16 amended by deleting ' the definition of "department". 17 [""Department" means the state fire council..] 18 SECTION 17. Section 132D-19, Hawaii Revised Statutes, is 19 repealed. 20 ["[S132D-191 Rules. The department shall adopt rules 21pursuant to chapter 91 to carry out the purposes of this chapter, 22 including, but not limited to different classes of licenses and 23permits for matters concerning special and common fireworks."] 2000-0592(B) SB680 CD1 SMA-11 Page 20 S.B. NO, S D 1 • H.D. 2 C.D. 1 1 SECTION 18. This Act does not affect rights and duties that 2 matured, penalties that were incurred, and proceedings that were 3 begun, before its effective date. 4 SECTION 19. Statutory material to be repealed is bracketed. 5 New statutory material is underscored. 6 SECTION 20. This Act shall take effect on July 6, 2000. 2000-0592(B) SB680 CD1 SMA-11 REPORT TITLE: Fireworks DESCRIPTION: Permits the importation, sale, and purchase of fireworks for cultural purposes, increases certain penalties, and prohibits aerial fireworks except for public displays. (CD1) 2000-0592(B) SB680 CD1 SMA-11 GENERAL WELFARE § 14-24.1 (2) In every case, when a citation is issued, the original of the same shall be given to the violator; provided that the administrative judge of the district court may prescribe that the violator be given a carbon copy of the citation a0 provide for the disposition of the original and any other copies. (3) Every citation shall be numbered, and each carbon copy shall bear the same number as its original. (b) Enforcement and administration of the provisions of section 14-23 shall be under the jurisdiction of the department of public works of the County, which department shall have the power to formulate any applicable rules and regulations necessary to carry out the provisions of section 14-23. (c) Except as provided in section 14-24.1(6), enforcement of this ordinance shall be under the jurisdiction of the County police department. (d) In addition to the foregoing, any police officer or other officer or employee of the County duly authorized to issue a summons or citation may eject from the promises any person to whom a citation has been issued and who continues to smoke after the person has been requested by the police officer or other duly authorized officer or employee to stop smoking. (1987, Ord. No. 87-1, sec. 2.) Section 14-24.2. Fire Code. Nothing in this article shall be construed as superseding applicable fire code provisions. Where a conflict between the provisions of this article and the fire code arises, the fire code provision will prevail. (1987, Ord. No. 87-1, sec. 2.) Article S. Fireworks. Section 14-25. Utle. Ibis article shall be known as the Fireworks Control Code. (1980, Ord. No. 584, sec. 2.) Section 14-26. Definitions. (a) As used in this article, unless the context otherwise requires: (1) "Fireworks" means any manufactured article designed primarily for the purpose of producing visible or audible effects by combustion or explosion. (2) "pyrotechnic composition" or "pyrotechnic contents" means the combustible or explosive component of fireworks. (3) "Common fireworks" means fireworks that are suitable for use by the public and that are included in and limited to the following: (A) Novelties consisting of two or more devices when approved by the Bureau of Explosives of the Association of American Railroads when consistent with provisions of this article. Novelties shall also include items containing .25 of a grain or less of explosive substance, said novelties shall include and not be limited to such items as pop pop snappers and champagne poppers. (B) Cylindrical fountains, total pyrotechnic composition not to exceed seventy-five grams each in weight. 'lire inside tube diameter shall not exceed throe-fourths inch. (C) Cone fountains, total pyrotechnic composition not to exceed fifty grams each in weight. (D) Wheels, total pyrotechnic composition not to exceed sixty grams for each driver unit or two hundred forty grams for each complete wheel. The inside tube diameter of driver units shall not exceed one-half inch. (E) Illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed one hundred grams each in weight. (F) Dipped sticks, the pyrotechnic composition of which contains any chlorate or perchlorate, shall not exceed five grams. 14-17 § 14-26 HAWAII COUNTY CODE (G) Sparklers, the composition of which does not exceed one hundred grams each and which contain no magnesium or magnesium and a chlorate or perchlorate. (1) In no situation shall the following self-propelled items be considered under the category of common fireworks: jumping jacks, rockets, helicopters, satellites, roman candles, mines, shells, or any device with an ignited display exceeding eight feet in height except for fountains and cones. (1) Firecrackers and salutes with casings, the external dimensions of which do not exceed one and one-half inches in length or one-quarter inch in diameter, total pyrotechnic composition not to exceed fifty milligrams (.772 grains) each in weight. (4) "Special fireworks" means any fireworks not defined as common fireworks, including, but not limited to, exhibition display pieces, sky rockets with sticks attached to a tube containing pyrotechnic composition of any amount, roman candles, mines and shells, and aerial fireworks which are projectiles or which emit a projectile. (1980, Ord. No. 584, sec. 2; Am. 1983, Ord. No. 83-18, sec. 1; Am. 1990, Ord. No. 90-58, sec. 1; Am. 1990, Ord. No. 90-95, sec. 1.) Section 14-27. Permissible uses of common fireworks. Common fireworks may be set off, united, discharged or otherwise caused to explode within the County only: (a) From 12:00 noon on New Year's Eve to 1:00 a.m. on New Year's Day; from 7:00 a.m. to 7:00 p.m. on New Year's Day; from 7:00 p.m. Chinese New Year's Eve to 1:00 a.m. Chinese New Year's Day; from 7:00 a.m. to 7:00 p.m. Chinese New Year's Day and from 7:00 p.m. on the Fourth of July to 1:00 a.m. on July 5; or (b) As allowed by pemtit pursuant to section 14-35 of this article if the proposed use is to occur at any time other than during the periods prescribed above in subsection (a) of this section. (1980, Ord. No. 584, sec. 2; Am. 1983, Ord. No. 83-18, sec. 2.) Section 14-28. Permissible uses of special fireworks. Special fireworks may be purchased, set off, ignited or otherwise caused to explode in the County only if permitted in writing pursuant to section 14-35 of this article. (1980, Ord. No. 584, sec. 2.) Section 14-29. General prohibitions. It shall be unlawful for any person to: (a) Remove or extract the pyrotechnic contents from any fireworks; (b) Throw any ignited fireworks from a moving vehicle; (c) Set off, ignite, discharge or otherwise cause to explode any fireworks: (1) At any time not within the periods for use prescribed in section 14-27 unless permitted pursuant to section 14-35 of this article; (2) Within one thousand feet of any operating hospital, convalescent home, home for the elderly or animal hospital; (3) In any school building or on any school grounds and yards on any occasion; and (4) On any highway, alley, street, sidewalk or other public way; in any park; within fifty feet of a canefiekl; or within one thousand feet of any building used for public worship during the periods when services are held; except as may be permitted pursuant to section 14-35. (1980, Ord. No. 584, sec. 2.) Section 14-30. Exceptions. The above-mentioned prohibitions in section 14-29 do not apply to: 14-18 GENERA, WELFARE § 14-30 (a) Use by police and fire departments, utility companies, ttansport4on agencies and other governmental or private agencies or persons, of flares or signals for warning or illumination purposes in connection with emergencies, their duties or business, and (b) Sale or use of blank cartridges for a show or theater, for signal or commercial or institutional purposes in athletics or sports. (1980, Ord. No. 584, sec. 2; Am. 1990, Ord. No. 90-58, sec. 3.) Section 14-31. License required. It shall be unlawful for any person to sell or offer to sell any fireworks at wholesale or retail in the County unless such person has an effective license for the sale of fireworks. (1980, Ord. No. 584, sec. 2.) Section 14-32. Application for license. The license shall be issued by the director of finance of the County and shall be nontransferable. Each selling site shall be required to obtain a separate license. The license shall specify the date of issuance or effect and the date of expiration which shall be June 30 of each year. The application shall be made on a form setting forth the date upon which sales or offers for sale are to begin, the address of the location of the proposed We of fireworks and 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 its officers. (1980, Ord. No. 584, sec. 2; Am. 1983, Ord. No. 83-18, sec. 3.) Section 14-33. Sale by licensees. It shall be unlawful for any person, other than a wholesaler who is selling or transferring fireworks to a licensed retailer, to sell or offer to sell any fireworks: (a) Before primary and secondary public schools have been recessed from regular session prior to the designated period for use during the New Year's Day holiday as described in section 14-27(a) of this article, unless pursuant to a permit; or (b) More than seven calendar days prior to the designated period for use during the Chinese New Year's holiday and the Fourth of July holiday as described in section 14-27(a) of this article, unless pursuant to a permit; or (c) After the designated periods for use set forth in section 14-27(a) of this article, unless pursuant to a permit; or (d) At any other time, and whenever the sale of special fireworks is involved, to any person who does not present a permit duly issued as required by section 14-35 of this article. The permit shall be signed by the seller or transferrer at the time of sale or transfer of the fireworks, and the seller or transferrer shall indicate on the permit the amount and type of fireworks sold or transferred. 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 amount shown on the permit to have previously been purchased. (1980, Ord. No. 584, sec. 2; Am. 1980, Ord. No. 618, sec. 1; Am. 1983, Ord. No. 83-18, sec. 4.) Section 14-34. Fee. The fee for such license shall be for each year or fraction of a year in which the licensee plans to conduct business. (1980, Ord. No. 584, sec. 2.) Section 14-35. Permits. (a) When Required. A permit is required for the purchase, setting off, ignition or discharge of. (1) Any common fireworks where the proposed date of the use of such fireworks is not within the periods prescribed in section 14-27 of this article, and 14-19 § 14-35 HAWAII COUNTY CODE (2) Any special fireworks under all circumstances and at any time; provided that permits may only be issued when the fireworks are to be used for public display or in connection with a bona fide commercial or institutional occasion. "Public display" includes parades. "Bona fide commercial or institutional occasion" includes those occasions at which hotels, funeral hogs, cemeteries and other commercial or institutional groups utilize fireworks in conjunction with birthdays, anniversaries, weddings and other ceremonies and celebrations. (1980, Ord. No. 584, sec. 2; Am. 1990, Ord. No. 90-58, sec. 4.) Section 14-36. Sale to minors. It shall be unlawful for any person to offer for sale, sell or give any fireworks to minors and for any minor to possess, purchase or set off, ignite or otherwise cause to explode any fireworks except as provided in section 14-37 of this article. (1980, Ord. No. 584, sec. 2.) Section 14-37. Liability of parents or guardians. The parents, guardian and other persons having the custody or control of any minor, who knowingly permit such minor to possess, purchase or set off, ignite or otherwise cause to explode any fireworks shall be deemed to be in violation of this article and shall be subject to penalty thereunder, except that the parents or guardian may allow such minor to use fireworks while under the immediate supervision and control of the parent or guardian or under the supervision and control of another adult. (1980, Ord. No. 584, sec. 2.) Section 14-38. Penalty. Any person violating any of the provisions of this article shall, upon conviction thereof, be guilty of a misdemeanor and be subject to a fine not exceeding $500; 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. No license shall be issued to any person whose license has been revoked until the expiration of one year after such revocation. (1980, Ord. No. 584, sec. 2.) Section 14-38.1. Notice requirements. Each licensed retail outlet shall post adequate notice which clearly cautions each person purchasing fireworks of the prohibitions, liabilities and penalties incorporated in section 14-36, section 14-37 and section 14-38 of this article. (1990, Ord. No. 90-58, sec. 5.) Article 6. Property Offenses. Section 14-39. Duty of chief of police; cultivated grounds. It shall be the duty of the chief of police to protect lawns, gardens, grass plots, and other cultivated grounds belonging to the State and the County within the County, and all lawns, gardens, grass plots, and other cultivated grounds of a public nature within the County, and to place or cause to be placed on these places signs and notices warning persons to keep off these places; provided that this section shall not apply, during the period from February 1 through October 31 of each year, to the Hilo Bayfront area, situated malmi of the Hawaii Belt Road, from the intersection of Kamehameha Avenue and Hawaii Belt Road as delineated in the attached map. (1975 C.C., c. 3, art. 2, sec. 7.01; Am 1977, Ord. No. 275, sec. 1.) 14-70