HomeMy WebLinkAboutORD 1990-058 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. zla
(Draft 2)
ORDINANCE NO. 90 5B
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 5, OF THE HAWAII COUNTY
CODE 1983, RELATING TO FIREWORKS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 14, article 5, section 14-26, Hawaii
County Code 1983, is amended to read 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
LA/HAT
diameter shall not exceed three-eighths inch.] Novelties
containing twenty-five hundredths (.25) of a grain or less of
explosive substance, including but not 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. The
inside tube diameter shall not exceed three-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.
(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.
(H) [Mines and shells of which the mortar is
an integral part, total pyrotechnic composition not to exceed
forty grams each in weight.] In no situation shall the following
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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.
(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 (50) milligrams (.772
grains) each in weight.
[(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[.],
roman candles, mines and shells, and aerial fireworks which are
projectiles or which emit a projectile."
SECTION 2. Chapter 14, article 5, section 14-27, Hawaii
County Code 1983, is amended to read 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:
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(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 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. Chapter 14, article 5, section 14-30, Hawaii
County Code 1983, is amended to read as follows:
"Section 14-30. Exceptions. The above-mentioned
prohibitions in section 14-29 do not apply to:
(a) Use by police and fire departments, utility
companies, transportation agencies and other governmental or
private agencies or persons, [or] 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."
SECTION 4. Chapter 14, article 5, section 14-35, Hawaii
County Code 1983, is amended by amending subsection (a) to read as
follows:
"Section 14-35. Permits.
(a) When Required. A permit is required for the
purchase, setting off, ignition or discharge of:
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(1) Any common fireworks where the proposed date
of the use of such common fireworks is not within the periods
prescribed in section 14-27 of this article, and
(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 homes,
cemeteries and other commercial or institutional groups utilize
fireworks in conjunction with birthdays, anniversaries, weddings
and other ceremonies and celebrations."
SECTION 5. Chapter 14, article 5, Hawaii County Code 1983 is
amended by adding a new section to read as follows:
"Section , 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."
SECTION 6. Severability. If any provision of this
ordinance, or the application thereof to any person or
circumstance, is held invalid, the invalidity does 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 ordinance are severable.
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SECTION 7. 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 8. This ordinance shall take effect July 5, 1990.
INTRODUCED BY:
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UNCIL M~1~BER, CO TY 0 HAWAII
Hilo, Hawaii
Date of Introduction: March 23, 1990
Date of 1st Reading: March 23, 1990
Date of 2nd Reading: May 2, 1990
Effective Date: July 5, 1990
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