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HomeMy WebLinkAboutORD 1983-018 1980-1984BILL N0. 995 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE No. 83 1~ AN ORDINANCE AMENDING ARTICLE 5, CHAPTER 14 OF THE HAWAII COUNTY CODE 1983, AS AMENDED, RELATING TO THE FIREWORKS CONTROL CODE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 14-26 of the Hawaii County Code 1983 is amended as follows: "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) Roman candles, not exceeding twenty balls spaced uniformly in the tube, total pyrotechnic composition not to exceed twenty grams each in weight. The inside tube diameter shall not exceed three-eighths inch. [(B) Helicopter-type rockets, total pyrotechnic composition not to exceed twenty grams each in weight. The inside tube diameter shall not exceed one-half inch.] [(C))(B) Cylindrical fountains, total pyrotechnic composition not to exceed seventy-five grams each in weight. The inside tube diameter shall not exceed three-fourths inch. [(D)](C) Cone fountains, tota]. pyrotechnic composition not to exceed fifty grams each in weight. [(E)](D) Wheels, total pyrotechnic composition not to exceed sixty grams for each driver unit or two hundred and forty grams for each complete wheel. The inside tube diameter of driver units shall not exceed one-half inch. [(F)](E) Illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed one hundred grams each in weight. [(G)](F) Dipped sticks, the pyrotechnic composition of which contains any chlorate or Perchlorate shall not exceed five grams. [(H))(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. [(I)](H) Mines and shells of which the mortar is an integral pait, total pyrotechnic composition not to exceed forty grams each in weight. [(J)](I) 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. [(K)](J) Novelties consisting of two or more devices enumerated in this subsection when approved by the Bureau of Explosives of the Association of American Railroads." (4) "Special fireworks" means any fireworks not defined as common fireworks, including, but not limited to, exhibition display pieces and sky rockets with sticks attached to a tube containing pyrotechnic composition of any amount." SECTION 2. Section 14-27 of the Hawaii County Code 1983 is amended as follows: "Section 14-27. PERMISSIBLE USES OF COMMON FIREWORKS. Common fireworks may be set off, ignited, discharged or otherwise caused to explode within the County only: (a) From 12:00 noon on New Year's Eve to [2:00] 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 [2:00] 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 [a.m. to 12:00 midnight] p.m. on the Fourth of July to 1:00 a.m. on July 5; or (b) As allowed by permit 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." SECTION 3. Section 14-32 of the Hawaii County Code 1983 is amended as follows: "Section 14-32. APPLICATION FOR LICENSE. The license shall be issued by the director of finance of the County and shall be nontransferable. Each sellin site shall be required to obtain a separate license. The license shall specify its date of effect, which is the date upon which sales and offers of sale are authorized to begin.) the date of issuance or effect and the date of expiration which shall be June 30 of each year. The application for a license shall be made at least thirty days before the date upon which sales or offers of sale are to begin.] 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 sale of fireworks 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." -2- SECTION 4. Section 14-33 of the Hawaii County Code 1983 is amended as follows: "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 of offer to sell any fireworks: (a) 8e fore 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 desi Hated eriods for use set forth in section 14-27 a of this article, unless pursuant to a permit; or [(c )] (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 a 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 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." SECTION 5. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 6. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: ~.,Q// '~'~' l i7 COUNCIL MEMBER, C NTY OF HAWAII Hilo, Hawaii Oate of Introduction: August 17, 1983 Date of Adoption: September 7, 1983 Effective Date: September 14, 1983 -3-