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Home My WebLink AboutORD 1977-270 1976-1980 BILL NO. 2y5 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 2'70 AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3, HAWAII COUNTY CODE 1975, AS AMENDED, RELATING TO FIREWORKS CONTROL. BE IT ORDAINED BY THE COUNCII~ OF THE COUNTY OF HAWAII: SECTION 1. Chapter 3, P.rticle 3, Section 2.02, relating to the term "fireworks" is amended to read as follows: "SEC. 2.02 The term 'fireworks' shall mean •and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or auditory effect by combustion, explosion, deflagration or detonation, and shall include, but not be limited to, fireworks devices that may be confused with candy or other foods, such as 'dragon eggs' and 'crackerballs' also known as 'ball-type caps'; firecrackers; torpedoes; rockets; Roman candles; bombs; wheels; colored fires; fountains; cones;; mines; serpents; or other similar articles containing any explosive or combustible substance; provided that the term 'fireworks' as used herein shall not include the following: "A. Toy paper caps containing .25 grains or less of explosive substance. "B. Safe and sane fireworks made under I.C.C. regulations in the United States and known as 'class C' common fireworks including but not limited to sparklers, also imported fireworks with pyrotechnic contents within the maximum limits as set for class C items by the I.C.C. (interstate Commerce Commission) . "C. Firecrackers designed to produce audible effects, if the audible effect is produced by a charge of not more than 50 milligrams, (.772 grains) of pyrotechnic composition. "D. Aerial salutes containing not more than 20 grams of explosive composition." SECTION 2. Chapter 3, Article 3, Section 3, relating to prohibitio ns and permitted uses, is amended to read as follows: "SEC. 3. PROHIBITIONS; PERMITTED USES It shall be unlawful for any person to possess, store, sell, keep or offer for sale, expose for sale, give, use, explode or cause to explode any fireworks within the County of Hawaii, except: "A. Sales by wholesalers for direct shipment out of the County of Hawaii. -2- "B. Storage, sale, or offer for sale or for use in the County of Hawaii by a person having obtained a license there:or in accordance with Section 4 hereof. "C. Use for a pub:Lic display by a person having obtained a permit therefor in accordance with Section 5 hereof. "D. Use for a bona fide commercial or institutional occasion by a person having obtained a permit therefor in accordance with Section 6 hereof. M "E. Use by transportation agencies for signal, warning or illumination purposes in connection with their business. "F. Sale or use of blank cartridges for a show or theater, for signal or commercial or institutional purposes in athletics or sports. "G. Sale of shells, cartridges, gunpowder or explosives for use in legally permitted firearms. "H. Use by defense organizations for defense purposes. "i. Possession, storage, sale or use of explosives and combustibles in accordance with Chapter 376, Hawaii Revised Statutes." -3- SECTION 3. Chapter 3, Article 3, Section 6, relating to permit for bona fide uses of fireworks, is amended to read as follows: "SEC. 6. PERMIT FOR BONA FIDE COMMERCIAL OR INSTITUTIONAL USE OF FIREWORKS "A. PERMIT REQUIRED All persons desiring to discharge, fire or explode fireworks for a bona fide commercial or institutional occasion shall apply in writing for a permit therefor to the Chief of Police of the County of Hawaii at least three days before such proposed use; provided that such time limitation shall not apply to applications for permits to use fireworks at funerals. Said application shall state the name, age and address of the applicant; the name, age and address of the person who shall discharge the fireworks„ the time, date and place of use; the type and quantity of fireworks to be used and the occasion for which said fireworks are to be used. The term 'commercial or institutional occasion' shall include, but not be limited to, those occasions where hotels, funeral homes, cemeteries and other commercial or institutional groups -4- utilize fireworks devices in conjunction with birthdays, anniversaries, weddings, housewarming celebrations and other various ceremonies and celebrations. "B. ISSUANCE OF PERMIT The Chief of Police, after being satisfied with the fireworks will be handled by a competent operator, that the use will be for a bona fide commercial or institutional occasion and that the use will not be hazardous to property and will not endanger any person or persons, shall issue a permit for said use. Such permit shall authorize the holder to use fireworks only at the place and only during the time set forth therein, and to purchase or acquire and possess the specified fireworks between the date of the issuance of said permit and the time during which the use of said fireworks is authorized. No fee shall be charged for said permit. Said permit shall not be transferable." -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COU TY OF HAWAII Date of Introduction: April 7.0, 1977 Date of Adoption: May 4, 1977 Effective Date: May 1E3, 1977 -6- Hilo, Hawaii pate; April 7.0, 1977 FIRST READING AYES NOES A/E Dahlberg X Domingo X Fujii x Garcia X Kawahara x Lai x Sameshima x Yamashiro X Chr. Tajiri X 8 1 Publication Date ~~'u %.~ X977 Hilo, Hawaii Date: May 4, 1977 SECOND & FINAL READING AYES NOES A/E ~I Dahlberg X Domingo X Fujii X Garcia X Kawahara X ~~ Lai X Sameshima X Yamashiro X Chr Tajiri X I - 9 J Publication Date:._May 22, 1977 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. I 1. t•-,, -. ~ ~~ 7 .r ~~~ I ~i ~ ., ij ~ ___ - - ~ u -L,_, Approvedj@iia sav -d ihis~ day of ~ ~rr~ /. ~~L z ~ __ 19 ~ ._ ~, Mayor, County of Hawaii Council CFtairr~ n y County Clerk Bill No. Y9S References 1?S(--8 _ M.B. No. - Ord. No. ~"r' V ___ R. 8. Legaspi COUNTY CLERK Yasuki Arakaki DEPUTY COUNTY CLERK Harry A. Takahashi LEGISLATIVE AU DITOR OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII HILO, HAWAII 96720 Mayor Herbert T. Matayoshi County of Hawaii Hilo, HI I hereby transmit Ordinance Bill No. 295 passed by the County Council on second final reading. ~;7 ~ ~~ . ~. ~~~ COUNTY CLE Encl. ii' ~' \I 1 ~~ • ~ ~.._~H: Dated: ~v1AY ~ 197:7 HERBERT T. MATAYOSHI MAYOR COUNTY OF HAWAII OFFICE OF THE CORF'O RATION COUNSEL 25 AUPUNI STREET HILO. HAWAII 96]20 March 22, 1977 County Council County of Hawaii Hilo, Hawaii 96720 Council Members: CLIFFORD H. F. LUM CORPORATION COUNSEL TELEPHONE NO. 96 L0251 Re: Amendment to 'Fireworks Control Ordinance C-146/PSC-5 Pursuant to your request, we have drafted the attached ordinance. Very truly yours, L,z..~ ys~...»n~., Deputy Corporation Counsel ETN:jo Enclosure ~~ .~ .I-" cc: Mayor Bill No. 295 - 1977 AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3, HAWAII COUNTY CODE 1975, AS AMENDED, RELATING TO FIREWORKS CONTROL. This Bill amends Chapter 3, Article 2, Hawaii County Code 1975, as amended, relating to Fireworks Control. Date Introduced: April 20, 1977 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on April 20, 1977, by the following aye and no vote: AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima and Yamashiro - 8. NOES: None. ABSENT AND EXCUSED: Council Chairman Tajiri - 1. "F~ /~. .moo ~. /~C, (~~~,.1~( COUNTY CLERK / COUNTY OF HAWAII ORDINANCE NO. 270 (Bill No. 7_95-1977) AN ORDINANCE AMENDING CHAPTER :3, ARTICLE 3, HAWAII COUNTY CODE 1975, AS AMENDED, RELATING; TO FIREWORKS CONTROL. Date Approved: May 4, 1977 Date Effective: May 18, :L977 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on May 4, 1977, by the following ;eye and no vote: AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima, Yamashiro and Chairman Tajiri - 9. NOES: None. r / ) r'/) COUNTY CLE~K COUNTY OF HAWAII