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HomeMy WebLinkAboutBIL 334 Draft 02 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 334 ra ORDINANCE y0. A BILL FOR .AN ORDINANCE A?~4EVDl\G CHAPTER 14 OF THE HAW.AI'I COL~ITY CODE 1983 (1995 EDITION) RELATING TO FIREWORKS BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII SECTION 1 Chapter 14, article 5. relating to fireworks is revealed m rts entirety SECTION 2 Chapter 14 of the Hawai i County Code 1983 (1995 Edtnonl is amended b • adding a new arttcle 5 relattn~ to fireworks and tts fees and penalties, to read as follows "Article 5. Fireworks. Section 14-25. Title. Thts arttcle shall be known as the Ftreworks Code and shall apply to the importation, storage, possession. sale, purchase, transfer and discharge of fireworks within the County of Hawat`t Section 14-26. Definitions. u Whenever used m this arttcle, unless the context otherwise requires ll "Renal common fireworks" means any firework, classified as m the reeulattons of theL'ntted States Bureau of Explosives or contained m the reeulattons of the United States Department of Tran~ortation and destgriated as L~N 0336 1 4G. which produces an audible or visible effect and w•htch is designed to nse into the air and explode or detonate in the air or to fly about above th~ound and which is prohtbrted for use by am' person who does not have a permit for public disDlav Issued by the county under section 132D-16, HRS "Renal common fireworks" include firework Items commonly known as bottle rockets. skyrockets. missile-type rockets. helicopters. torpedoes, daygo bombs. roman candles, flying digs, and iumping~acks, which move above the ¢round farther than inside a circle with a radius of twelve feet as measured from the point where the Item was placed and ignited. aenal shells, and mines (2~ "Common fireworks" means any firework designed ~nmanlyfor retail sale to the public dunng_prescnbed dates 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 L"ntted States Department of Transportation and designated as UV 0336 1 4G (31 "County Fire Code" means the "Uniform Fire Code, 1988 Edition" (UFCI. and the "1989 and 1990 Uniform Fire Code Supplements," as copvnghted and published by the Western Fire Chiefs Association and the International Conference of Building Officials ~4] "County Safety Code" means the "Untfoi-m Building Code, ] 994 Edition" as copynehted and published by the Intemattonal Conference of Building Officials. L5,1 "Cultural" means relatin¢ to the arts, customs. traditions, mores, and histon• of al] of the vanous ethnic groups of Hawaii L6,~ "Department" means the Fire Department. of the County of Hawai' i u "Fireworks" means any combustible or explosive composition. or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion. explosion. deflagration, or detonation and classified as common or special fireworks -2- by the Untted States Bureau of Explosives or contained m the regulations of the Untted States Department of Transportation and designated as L'N 0335 1 3G or UN 0336 1 4G The term "fireworks" shall not include automotive safetti flares, nor shall the tet•m be construed to include toy pistols, toY cannons, toy_guns, party_poppers, pop-its or other devices which contain twenty-five hundredths of a gram or less of explosive substance The term "fireworks" also shall include any explosives and Qyrotechnics regulated under chapter 396. Haw~at`t Revised Statutes j81 "Im~rt" (and any nounal, verbal, ad~ecttval, adverbial. and other egutvalent fonn of the term used interchangeably to these rules) means to bn~ or attempt to bung fireworks into the State or to cause fireworks to be brought into the State u "License" means a nontransferable, fotmal authorization, valid for a period not to exceed one ,year from the date of issuance to March 31 of the following year and which the department is hereby authorized to issue under chapter 132D. Hawaii Revised Statutes, to engage m the act or acts specifically designated therein j 10~ "Non-aerial common fireworks" means any firework. classified as common fireworks by the Untted States Bureau of Explosives or contained to the regulations of the Untted States Department of Transportation and designated as UN 0336 1 4G, which produces an audible or visible effect and which is designed to remain on or near the ground and which, w•htle stationary or spinning rapidly on or near the ground. emus smoke, a shower of colored sparks. w•histltng effects, flitter sparks or balls of colored sparks and combination items which contain one or more of these effects "Non-aerial common fireworks" includes firework items commonikknown as firecrackers which are smg_le paper cylinders not exceeding one and one-half inches in diameter contaimn~ a charee of not more than fifty milligrams of gvrotechmc composition snakes sparklers fountains and cvlindncal or cone fountains which emit effects up to a hei he t not greater than twelve feet above the ground. illuminating torches. bamboo cannons. whistles, toy smoke devices, wheels. and ¢round spinners w•Mch when i¢mted remain within a circle with a radius of twelve feet as measured from the point where the item was placed and ~gmted. novelty or tnck items. combination items. and other fireworks of like construction which are designed to produce the same or similar effects "Penmt" means a nontransferable, formal authonzat~on, valid for a penod not to exceed one calendar vear from the date of issuance and which a county is authonzed to issue under chapter 132D, Hawaii Revised Statutes. to edge in the act or acts specifically designated herein ~12~ "Public display" means apublic exhibition and the use of fireworks for commercial activrt~es (includm~ such acUvrt~es as move or television production) j 13~ "Pvrotechmc composition" or "pvrotechmc contents" means the combustible or explosive component of fireworks 1141 "Special fireworks" means an,• firework designed pnmanly for exhibition d~splav byproducmg visible or audible effects and classified as special fireworks by the United States Bureau of Explosives or contained m the regulations of the C;mted States Department of Transportation and designated as iJV 0335 1 3G and which are prohibited for use by any person who does not have a display permit issued by the counri• iLS~ "State fire code" means the State Model Fire Code as adopted bv' the State of Hawaii on March 27, 1992, pursuant to chapter 132, Hawa~'i Revised Statutes, w•htch model code adopts, with modifications, the "limform Fire Code. 1988 Edttion" (UFC), and the "1989 and 1990 Uniform Fire Code Supplements." as copvnghted and published by the ~'~'estern Fire Chtefs Association and the International Conference of Bwldmg Officals 1L6,1 "Unit" means one md~vidual firecracker Section 14-27. General license ~rovisioos. Lal Antiperson desinn tg o impon, store. offer to sell. or sell, at wholesale or retail. aenal common fireworks, special fireworks, or non-aenal common fireworks. or any person des~nng to possess aenal common fireworks or sgectal fireworks within the County of Hawa~`~ shall obtain a license issued bathe de~nment u A license mad only be issued to a person e~ hg teen years of a&e or older Lc•1 Licenses are non-transferable Licenses are valid one from the date of issuance or effect to March 31 of each year u Licenses shall be ~rommently d~splaved m public view and secured at the location for which the license has been issued of It shall be unlawful for any_person, other than a wholesaler who is sellmr~or transfemng fireworks to a licensed retailer. to sell or offer to sell an~firew•orks at anv time to antiperson who does not present a permit duly issued as required by Section 14-29 The permit shall be s~aned 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 transferred. No fireworks shall be sold or delivered to any penntttee in anv amount in excess of the amount specified in the permit, less the amount shown on the permit previously to have been purchased: and -5- j3~ ivo fireworks shall be sold to a neimittee holding a penntt Issued for purposes of section 14-29, more than five calendar days onor to the Best ng ated penods for use as set forth m section 14-29 jp,~ Persons to whom licenses are Issued shall com~lY with the applicable provisions of sectton 14-29 and with all applecable federal, state. and county laws Lh,l If a ltcensee Earls to comply with the requerements of chapter 132D. Haw•ai't Revised Statutes. or applicable county laws. or if the department deteimmes that the ltcensee stores or handles the fireworks to such a manner as to present an unreasonable safety hazard the department may emmediately revoke the license Lit If the department discovers at a later date that a licensee has been convected of a felon under chapter 132D. Hawat`e Revised Statutes. the department shall revoke the licensee's ltcense and no new license shall be essued to the ltcensee for a penod of nvo years from the date of the ltcense revocation Section 14-28. Applications for licenses. La•2 Applicateons for ltcenses to import. store. offer to sell. or sell. at wholesale or retail, aenal common fireworks. special fireworks. or non-aenal common fireworks. or applications for licenses to possess aenal common fireworks or special fireworks within the County of Hawai i may be obtained at the department or at those locations so destg_ttated by the department Applications for all licenses shall be submitted to the department at least twenty workeng days from the date on whech Importing. storage. wholesaling or retaehng achvrties would been ~ The fee for each ltcense is payable to the Count~Director of Finance and must be submitted to the department with the application The fee is non-refundable The fee for each Itcense required under this sectton shall be for each gear, fraction of a -6- mar, or event in which the licensee plans to conduct business in the County of Hawaii where the pennttted activity is to occur The fee schedules are as follows $3.000 for each importer. X2,000 for each wholesaler's site, L3.1 51.000 for each storaee site. and $500 for each retailer's site The department shallprovtde an exemption from the fees to nonprofit community groups for importation and storage of fireworks for displays once a mar j~ Completed applications for licenses may be delivered to person dunng bustness hours from 8 00 a m to 4 00 p m or matled to the department, or to those locations so designated b ty he department The application must tnclude a self- addressed envelope of adeouate size and sufficient postal of The department shall determine whether or not to Issue the license Licenses or denials of licenses will be matled to the applicant by the department Applications for al] licenses shall state the followtng_ f 1~ The date of the application and the name. address. telephone number. and aee of the applicant, If the applicant is a sole propnetor. the name of the propnetor. If the applicant is a pattnership, the name of the partnership and the names of all partners. or If the applicant is a corporation, the name of the corporation and the names and titles of its officers. If the license is to tm~ort fireworks, the application shall also tnclude the followine LA,~ The address of the location of the importer. The date uQon which importation will begin, and Class and estimatedyuantity of fireworks to be imported. j31 If the Incense is to store. offer to sell. or to sell fireworks. the appl~cat~on shall also include the followina• The date upon which the storaee, sale. or offers for sale will bed LB,1 The address of the location of the licensee. The address where the fireworks will be stored, and the address where the sales or offers to sell will occur The name of the gropnetor. or. LE,1 If a partnership, the name of the partnership and the names of all partners. or. j~ If a corporation, the name of the corporation and the names of its officers Lh,] Anytime pnor to or following the issuance of a license the department ma at its d~screnon. inspect the proposed location where the fireworks will be stored or sold. at wholesale or retail to ensure that the applicant ~s in com~ance with the State Fire Code. County Fire Code and Coun , Safet~Code. ~ The department may deny a license if the applicant ~s not m compliance with the reau~rements of these rules or chapter 132D. Hawa~`~ Revised Statutes ~ If the department discovers at a later date that a licensee has been convicted of a felony under chapter 132D. Hawaii Revised Statutes. the ]~censee's license shall be revoked and no new license shall be issued to the licensee for a penod of two years from the date of the license revocation Section 14-29. Fireworks permit. u Types of permits (1~ The followmg_twes of fireworks penmts are available to the public Penmts for the purchase of any non-aenal common fireworks may be issued for events set forth in section ] 4-29(bl. -g- LB•1 Penmts for the purchase and use of any non-aerial common fireworks makbe issued for cultural purposes or events as set forth m section 14-29(bl, Permits for the purchase and use of aerial common fireworks. special fireworks, or both, may be issued when the aerial common fireworks, special fireworks, or both, are to be set off. ~gmted or discharged for public displa~~s jb~ Penmts for permissible uses of non-aerial common fireworks Penmts are required for the Qµrchase of non-aerial common fireworks commonly called firecrackers '.`on-aerial common fireworks may be used w•~thin the Counri• of Hawa~'~ dunn~ the following periods l~l From 9 00 p m on I`ew• Year's Eve to 1 00 a m on ]y'ew Year's D~ From 7,00 a m to 7 00 p m on Chinese hew Year's Day, and (C~ From 1 00 p m to 9 00 p m on the Fourth of July (2Z Penmts are required if the proposed cultural use of non-aerial common fireworks ~s to occur at any time not specified m subsection (1) .4 permit issued pursuant to this subsection authorizes the purchase and use of non- aenal common fireworks from 9 00 a m to 9 00 p m on the date for which the pernnt rs issued, Qrovided that not more than 5.000 individual non-aerial common fireworks shall be allowed under each permit u Penmts for the permissible uses of aerial common fireworks and special fireworks Aerial common fireworks and special fireworks may bepurchased, set off, i rted. or otherwise caused to explode wrthm the County of Hawaii only if for public display and~enmtted m w•nting~pursuant to section 14-30td) -9- Ll General permit provisions Any~erson desinng a permit as descnbed to section 14-29 (al shall obtain a permit issued by the department The follow•mg_provisions shall apply to all permits j~ A permit may only be tssued to a person eighteen years of aee or older ll An application for apetmit may be tssued to any person for cultural purposes L3.1 Petmits are nontransferable f,4~ Peimits are valid only when the fireworks are used at the site. time, and date so indicated on the permit Permits shall be oromtnently displayed in public view at the site on the day at the time of the finne j6Z A permit may be dented tf the proposed use of fireworks presents a substantial incorrvemence to the public or presents an unreasonable fire or safety hazard u If the permittee fails to remain in compliance with the requirements as set forth in these toles or to chapter 132D, Hawaii Revised Statutes, the department may immediatelyrevoke the permit Ll The date of issuance or effect and the date of expiration shall be noted on the Qeimtt, but in no case shall the exQration date exceed the Qenod of one year from the date of issuance or effect of the permit Section 14-30. Application for permits. ~ The followingprovisions shall apply to all permit applications 111 Aonltcations for permits shall be obtained at the department or at those locations so designated by the department u Completed applications for permits may be delivered in person dunng business hours from 8 00 a m to 4 00 p m or mailed to the department or at -10- those locations so dest agn ted by the department The anolicatton must include aself-addressed envelope of adequate size and sufficient postage The department shall determine whether or not to issue the permit Permits or denials of petmtt aQpltcattons will be mailed to the apnltcant by the department j~ Permits for the purchase of non-aenal common fireworks for dest ated penods prescnbed to sectton 14-29 relattng_to tiew Year's. Chinese New Year and the Fourth of Julv u Applications for penriits to purchase non-aenal common fireworks for use dunng the dest ng ated penods prescnbed m sectton 14-29(bl shall be m wntin . st ng ed by the applicant and shall include (A~ 'Name, a e, telephone number, and address of theperson and petmtttee, if different, u Name(s) of the organization's, cotporatton's, club's. establishment's, or other entity's propnetor(sl, partner(s), or officer(s) and venficatton that the person makin tg he application is the authonzed at=ent of the entity. Date of the petmttted acttvtri•: Location where the petrrtitted activity is to occur, and LE,2 Estimated quantity of non-aenal common fireworks to be used under the penntt, but not exceeding 5.000 units (2~ The fee for this petmtt is 525, payable to the Counri Director of Finance, is non-refundable and must be submitted at the time of the application U Any_purchase of non-aenal common fireworks with a permit issued pursuant to this section shall not occur more than five calendar days pnor to the desig_rtated penods for use as set forth to sectton 14-29(b) -11- L41 A permit issue~ursuant to this section shall not allow purchase of non- aenal common fireworks for more than one event as set forth in sectton l4- 29(b) ~ Permits for the purchase of non-aenal common fireworks for proposed cultural use dunng_ttme penods other than designated time penods prescnbed in section 14-29 b (ll The application shall be in venting, signed by the applicant and shall include the followine~ Name. age. telephone number. and address of the Berson and petmittee, if different. (B1 Name(s of the organization's. corporation's. club's establishment's. or other entity's propnetor(s).gartner(s) or officers) and venfication that the person making the application is the authonzed agent of the enh (C~ Name. address, telephone number and age ofthe-person w•ho will supervise the use of the non-aenal common fireworks, Estimated quantity of non-aenal common fireworks to be used under thepermit, but not exceedtntt 5.000 units, and (E) Date. time Vinod and proposed cultural use of the non-aenal common fireworks L2) A person, tncluding_the propnetor. partner, corporate officer or duly authonzed agent of any tem~e. cemetery. or ankcultural association, lion dance club. or other similar organization desinngto purchase, dischart=_e, fire. or explode non-aenal common fireworks for cultural purposes or occasions, or desinng to provide for the dischargn , finng, or explodingof non-aenal common fireworks by members of their organizations, clients, -12- patrons or customers, for cultural purposes or occasions may obtain a pet•mtt pursuant to this subsection The fee for this peimtt is $25. Rayable to the County director of finance is non-refundable and must be submitted at the time of the aDOlicatton LB,) A ~ermtt Issued pursuant to paragraph 2 of this subsection shall not allow purchase of non-aenal common fireworks for more than one event u A netmtt may be Issued to an establishment for the use of non-aenal common fireworks at the establishment dunng the penod of the permit Such permit may allow the establishment to purchase non-aenal common fireworks for cultural purposes specified m the~rmit The fee for this peimit is $25, payable to the County director of finance. is non-refundable, and must be submttted at the time of the aonltcation ~B,2 The time penod of the penrttt for the establishment shall not exceed six months. Anv purchase of non-aenal common fireworks with a hermit Issued pursuant to this sectton shall not occur more than five calendar days pnor to the desi ng ated nods for use as set forth to sectton 14-29 (bl. and as stated on the permit Ld,2 Permits for aenal common fireworks for special fireworks, known as Public DisQlav Permits u A Henn[[ may be Issued to purchase and set off, ignite, or dischar eg aenal common fireworks. special fireworks, or both. for a public display j~ The application shall be in w•nttn,g. signed by the applicant and state the followme -13- f A~ The name. age, and address of the applicant, The name. ag_e, and address of the person who will operate the display, and venficatton that the person is a licensed pyrotechnic operator as duly authonzed by the State of Hawat`i. J~ The time, date. and plot plan of the place for the display The type and gµanttry of aenal common fireworks. special fireworks. or both, to be displayed, and The purpose or occasion for w•htch the dtsplav is to be presented An application for a publtc displa~penrtit shall be submitted to the department not less than twenty working days before the Qroposed date of the publtc dtsplav u The fee for this permit is $110 for each year or fraction of a year in w•htch the permtttee plans to conduct business, payable to the County Director of Finance is non-refundable. and must be submttted with the application 1\o publtc dtsplav permit shall be issued unless the applicant presents, at the applicant's option, either A w•ntten cemficate of an insurance tamer or a policy provtdmg_for the payment of damages in the amount of not less than 55.000 for tn~urv to, or death of, am' person, and subject to the fore¢.oing limitation for one person, in the amount of not less than $10,000 for tn~ury to, or death of. two or more persons, and in the amount of not less than $5.000 for damage to property. caused b~reason of the authonzed display and anstn~from any torttous acts or ne`~li ence of the permtttee. the peimtttee's agents, employees, or subcontractors The certificate shall state that the policy is in full force and effect and w•tll continue to be in full force and effect for not less than ten days after the date of the public dtsplav, or -14- JB~ The bond of a surety companyduly authonzed to transact business within the State, or a bond with not less than tw•o individual sureties w•ho together have assets in the State equal in value to not less than twice the amount of the bond. or a deposit of cash. In the amount of not less than S 10.000 conditioned upon the payment of all damages that may be caused to any person or propet•t~v reason of the authonzed dtsplav and anstng from any tortious acts or ne~lir:ence of the pelmittee, the peimittee's agents. employees. or subcontractors The secunty shall continue to be to full force and effect for not less than ten days after the date of the public dtsplax j6~ The department may require coverage in amounts greater than the minimum amounts set forth In paragraph (5) of this subsection if deemed necessan~ or desirable in constderatton of such factors as Location and scale of the dtsplav. jB) Twe of aenal common fireworks, special fireworks. or both. to be used, and u Number of spectators expected Pnor to the Issuance of a public dtsplav permit and at the discretion of the department. an Inspection of the proposed finng_area maybe required Inspections. when conducted. shall ascertain compliance with National Ftre Protection Association Standards 1123 entitled "Outdoor Displa~f Fireworks" or 1126 entitled. "Pvrotecnhics Before A Proximate Audience," 1995 Edttton. which are incorporated herein btireference L8.1 A public display permit m~ be dented by the department if the requirements Imposed by this article or chapter 132D. Hawal'I Revised Statutes are not met _15_ f~l Notwithstanding the fore~om , anypubhc display permit issued by the department may be revoked or suspended immediate by the department for the followme reasons The climatic. atmospheric, or other conditions on the da oY f <he proposed firing may reasonably be believed to make the use of aerial common fireworks, special fireworks. or both. hazardous topersons or oroaerty, or Any requirement imposed by this article or chapter 132D, Hawaii Revised Statutes, or any condition of the penntt necessary to minimize the dan eg r to persons or property is not met Section 14-31. Importation, bill of lading, notification and storage. u Licensee's duty of notification j~ Any person w•ho has obtained a license pursuant to section 132D-7, Hawat`i Revtsed Statutes. and ships fireworks into the County of Hawaii shall j~ Clearly designate the types of fireworks in each shipment on the bill of ladin or shipping manifest Declare on the bill of ladin og r shipping manifest the gross weight of aerial common fireworks, non-aerial common fireworks. and s,Qecial fireworks to be imported m each sMpment LCl Declare on the bill of lading or shtppine manifest, the location of the storage facility, if applicable, to w•htch the fireworks are to be stored Prior to shipment, notify the fire chief of the department re arding whether the shipment will be distributed from ~ Pier to pier, ii Pier to warehouse or storage facility, or w Pier to redistribution - 16- u At the time shippinst is booked. the imgorter or consig_ttee shall notify the fire chief of the department in venting of the expected shipment's landing date u Discretionary inspection of shipment of fireworks The department shall be allowed to inspect. if it chooses. andshipment declared on the shipping manifest as fireworks when a shipment of fireworks has landed and becomes subLect to the lunsdiction of the department u Approval to store fireworks The facility in which fireworks are to be stored must• ~A•i Obtain the approval of the department fifteen days pnor to the sh~ment's amval, and ~B,~ Satisfy the req_utrements of the State Ftre Code. Count~Fire Code and County Safes Code jd~ li~ortation of aenal common fireworks. special fireworks, or both. for public dis~lav Aenal common fireworks. spectal fireworks. or both, shall only be imponed and stored. if necessarv, in an amount sufficient for an anticipated three-month inventory, except that if a ltcensee under section 14-28 provides aenal common fireworks. special fireworks. or both. for public displays as allowed under sections 14-30(dl more than once a month. the ltcensee may import or store. if necessarv, sufficient aenal common fireworks. special fireworks, or both for asix- month inventory Section 14-32. Public information. u The public may obtain infonnation about matters within the ~nsdiction of the department by inquinng at u The office of the counri clerk. where there are on file all rules of the d~artment, or at The office of the Haw•ai`i County_fire department Ll Department files which are subject to inspection by the public pursuant to chapter 9l, Hawaii Revised Statutes. maybe examined upon request ~ Inouirv may be made in person at the department's office dunng regular business hours. or b}' submitting a request for mformat~on m wnttnp to the fire chief Copies of the department's proposed and final rules and all public records of the department are available upon payment of the fees established by statute or count,- ordinance Section 14-33. General Qrohibitions. It shall be unlawful for anyperson to lal Remove or extract the pyrotechnic contents from any fireworks. ll Throw any_igrttted fireworks from a moving_vehicle: u Set off. ignite. discharge or otherwise cause to explode any fireworks j~ At any time not within the penods for use prescnbed in section 14-29 unless permitted pursuant to section 14-30 of this article. Within one thousand feet of any operattn hospital, convalescent home. home for the elderly or animal hospital. L3,~ [n any school building or on any school {;rounds and yards on any occasion. and (41 On any highway, alley, street. sidewalk or other public way, in any park. within fifty feet of a canefield, or within one thousand feet of any building used for publtc worship dunng the penods when services are held, except as may be permitted pursuant to section 14-30 (d~ It shall be unlawful for anyperson to offer for sale. sell, or give any_ftreworks to minors, and for an~minor to possess. purchase. or set off. i~riite, or otherwise cause to explode any fireworks, except that the parents or guardians may allow the -18- minor to use fireworks while under the immediate supen•ision and control of an adult Section 14-34. Penalties. Lai Any Qerson tm~ortmg aenal common fireworks or special fireworks without havtng_a valid Lcense under section 132D-7, Hawat'i Revtsed Statutes. shall be guilty of a class C felony Lb•2 Any person purchasing_possessmg, setting off. igniting, or discharging aenal common fireworks or special fireworks without a vahd petTrtrt under sections 132D-10 and 132D-16. Hawaii Revtsed Statutes, or stonng. selling, or possessing aenal common fireworks or speciai fireworks without a vahd license under section 132D-7. Hawat`t Revtsed Statutes. If the total weight of the aenal common fireworks or special fireworks is twenty-five pounds or more. shall be guilty of a class C felony, or (2.2 If the total weight of the aenal common fireworks or special fireworks is less than twenty-five pounds. shall be guilty of a misdemeanor u Any person w•ho transfers or sells aenal common fireworks or special fireworks to a~erson who does not have a valid Qetmu under sections 132D-]0 and 132D-16, Hawaii Revised Statutes, shall be guilty of a class C felony Any person who removes or extracts the pyrotechnic contents from any fireworks and uses the contents to construct fireworks or a fireworks related device shall be uilh,• of a misdemeanor Let Except asprovided m subsections (al, (bl, (cl. and (dl. or as otherwise specifically provided for in chapter 132D. Hawat'i Revtsed Statutes, any person violattne any other provision of chapter 132D. Hawat'i Revised Statutes, shall be prosecuted pursuant to Section 13-1 1, penalties section of the Hawaii County Charter, as amended " - 19- Section 14-35. Sale to IVlinors. It shall be unlawful for any_person to offer for sale. sell or etve anv fireworks to minors. and for any minor to possess. purchase, or set off. tentte. or otherwtse cause to explode any fireworks, except as provided m section 14-36 Section 14-36. Liability of Parents or Guardians. The parents, guardians, and other persons having the custody or control of anv minor. who know•tngy permit the minor to possess. purchase. or set off, t tte. or otherwise cause to explode any fireworks. shall be deemed to be to violation of this article and shall be subject to the penalties thereunder. except that the parents or guardian may allow the minor to use fireworks while under the immediate supervision and control of the parent or guardian. or under the supervtston and control of another adult SECTIO'~1 3 Ne~v matena] is underscored In pnnttng this ordinance, the undersconng need not be included SECTION 4 If any provision of this ordtnance, or the appl~catton thereof to any person or circumstance, is held mvahd, such mvahdtry shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordtnance are declared to be severable SECTION 5 Thts ordinance shall take effect upon its approval 17~' ODUCED B ~ ~ COLTCIL MEIviBER, CO ~NTY OF HAWAII Hilo, Hawat't Date of Introduction Date of 1st Reading Date of 2nd Readtng 4J a 4FveworksOrd wpd IisEFERENCE: Comm. 956.001 ~0-