HomeMy WebLinkAboutORD 2000-137 DFT 4 1998-2000COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
00 - 137
BILL NO, 334
(Draft 4)
A BILL FOR AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII
COUNTY 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 Chapter 14, article 5, relating to fireworks is repealed in its entirety.
SECTION 2. Chanter 14 of the Hawaii County Code 1983 (1995 Edition ) is
amended by adding a new article 5 relating to fireworks and its fees and penalties to read
as follows:
"Article 5. Fireworks.
Section 14 -25. Title.
This article shall be known as the Fireworks Code and shall apply to the
importation, storage, possession, sale, purchase, transfer and discharge of fireworks
within the County of Hawaii.
Section 14 -26. Definitions.
La) Whenever used in this article, unless the context otherwise requires:
(1) "Aerial common fireworks" means any firework classified as in the
regulations of the United States Bureau of Explosives or contained in the
regulations of the United States Department of Transportation and
designated as UN 0336 1 AG. which produces an audible or visible effect
and which is designed to rise into the air and explode or detonate in the air
or to fly about above the Around and which is prohibited for use by any
person who does not have apermit for public display issued by the county
under section 132D -16, HRS. "Aerial common fireworks" include firework
items commonly known as bottle rockets, sky rockets missile -type rockets
helicopters, tomedoes, daygo bombs, roman candles flying 12i s and
jumping jacks, which move above the ground farther than inside a circle
with a radius of twelve feet as measured from the point where the item was
placed and ignited, aerial shells, and mines.
(2) "Common fireworks" means any firework designed primarily for retail sale
to the public during prescribed 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 United States Department of Transportation and designated as
UN 0336 1.4G.
"County Fire Code" means the "Uniform Fire Code, 1988 Edition" (UFC),
and the "1989 and 1990 Uniform Fire Code Supplements " as copyri hg ted
and published by the Western Fire Chiefs Association and the International
Conference of Building Officials.
"County Safety Code" means the "Uniform Building Code 1991 Edition"
as copyrighted and published by the International Conference of Building
Officials.
U "Cultural" means relating to the arts customs traditions mores and history
of all of the various ethnic groups of Hawaii.
"Department' means the Fire Department, of the County of Hawaii
"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 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 to
pistols, toy cannons, toy guns, party poppers, pop -its or other devices which
contain twenty -five hundredths of a grain or less of explosive substance
The term "fireworks" also shall include any explosives and pyrotechnics
regulated under chapter 396. Hawaii Revised Statutes.
(8) "Import" (and any nounal verbal, adjectival, adverbial, and other
equivalent form of the term used interchangeably in these rules) to
bring or attempt to bring fireworks into the State or to cause fireworks to be
brought into the State.
"License" means a nontransferable, formal 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 in the act or acts
specifically designated therein.
10 "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 1.4G, 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 balls of colored sparks
and combination items which contain one or more of these effects.
"Non -aerial common fireworks" includes firework items commonly known
as firecrackers which are single paper cylinders not exceeding one and
-3-
one -half inches in diameter containine a charge of not more than Eft
milligrams of pyrotechnic composition, snakes, sparklers fountains and
cylindrical or cone fountains which emit effects up to a height not greate r
than twelve feet above the ground, illuminating torches, bamboo cannons
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, and other fireworks of like construction which are
designed to produce the same or similar effects.
11 "Permit' means a nontransferable, formal authorization valid fora period
not to exceed one calendar year from the date of issuance and which a
county is authorized to issue under chapter 132D, Hawaii Revised Statutes
to engage in the act or acts specifically designated herein.
12 "Public display" means a public exhibition and the use of fireworks for
commercial activities (including such activities as movie or television
production).
13 "Pyrotechnic composition" or "pyrotechnic contents" means the
combustible or explosive component of fireworks.
14 "Special fireworks" means any firework designed primarily for exhibition
display by producing visible or audible effects and classified as 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 and which are prohibited for use by any
person who does not have a display permit issued by the county.
15 "State fire code" means the State Model Fire Code as adopted by the State
of Hawaii on March 27, 1992, pursuant to chapter 132, Hawaii Revised
Statutes, which model code adopts, with modifications, the "Uniform Fire
-4-
Code, 1988 Edition" (UFC), and the "1989 and 1990 Uniform Fire Code
Supplements." as copyrighted and published by the Western Fire Chiefs
Association and the International Conference of Building Officials.
16 "Unit' means one individual firecracker.
Section 14 -27. General license provisions.
(a) Any person desiring to import, store offer to sell, or sell, at wholesale or retail,
aerial common fireworks, special fireworks, or non -aerial common fireworks or
any person desiring to possess aerial common fireworks or special fireworks
within the County of Hawaii shall obtain a license issued by the department.
A license may only be issued to a person eighteen years of age or older.
u Licenses are non - transferable.
Licenses are valid only from the date of issuance or effect to March 31 of each
year.
(e,) Licenses shall be prominently displayed in public view and secured at the location
for which the license has been issued.
(f ) 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 at
any time to any person who does not present a permit duly issued as required by
Section 14 -29.
W 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 transferred,
No fireworks shall be sold or delivered to any permittee in any amount in
excess of the amount specified in the permit, less the amount shown on the
permit previously to have been .purchased; and
-5-
(3) No fireworks shall be sold to a permittee holding a permit issued for
purposes of section 14 -29, more than five calendar days prior to the
designated periods for use as set forth in section 14 -29
W Persons to whom licenses are issued shall comply with the applicable provisions of
section 14 -29 and with all applicable federal, state and county laws
If a licensee fails to comply with the requirements of chapter 132D Hawaii
Revised Statutes, or applicable county laws or if the department determines that
the licensee stores or handles the fireworks in such a manner as to present an
unreasonable safety hazard the department may immediately revoke the license
(i) If the department discovers at a later date that a licensee has been convicted of a
felony under chapter 132D, Hawaii Revised Statutes the department shall revoke
the licensee's license and no new license shall be issued to the licensee for a period
of two years from the date of the license revocation.
Section 14 -28. Applications for licenses.
u Applications for licenses to import, store, offer to sell, or sell at wholesale or
retail, aerial common fireworks, special fireworks, or non - aerial common
fireworks, or applications for licenses to possess aerial common fireworks or
special fireworks within the County of Hawaii may be obtained at the department
or at those locations so designated by the department.
Applications for all licenses shall be submitted to the department at least twenty
working days from the date on which importing, storage wholesaling or retailing
activities would begin.
(c) The fee for each license is payable to the County Director of Finance and must be
submitted to the department with the application. The fee is non - refundable The
fee for each license required under this section shall be for each year, fraction of a
-6-
Ue
H
0
year, or event in which the licensee plans to conduct business in the County of
Hawaii where the permitted activity is to occur. The fee schedules are as follows:
$3,000 for each importer:
(2,) $2,000 for each wholesaler's site:
(3) $1,000 for each storage site: and
u $500 for each retailer's site.
The department shall provide an exemption from the fees to nonprofit community
groups for importation and storage of fireworks for displays once a year.
Completed applications for licenses may be delivered in person during business
hours from 8:00 a.m. to 4:00 p.m. or mailed to the department or to those
locations so designated by the department. The application must include a self -
addressed envelope of adequate size and sufficient postage.
The department shall determine whether or not to issue the license. Licenses or
denials of licenses will be mailed to the applicant by the department.
Applications for all licenses shall state the following_
W The date of the application and the name, address, telephone number, and
[a
age of the applicant;
lM If the applicant is a sole proprietor, the name of the proprietor•
If the applicant is a partnership, 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 import fireworks, the application shall also include the
following:
The address of the location of the importer:
The date upon which importation will be ig n: and
Class and estimated quantity of fireworks to be imported:
-7-
(3) If the license is to store, offer to sell or to sell fireworks the application
shall also include the following:
u The date upon which the storage, sale, or offers for sale will begin.
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.
(D,) The name of the proprietor, or,
If a partnership, the name of the partnership and the names of all
partners, or.
(F) If a corporation, the name of the corporation and the names of its
officers.
N Anytime prior to or following the issuance of a license the department may at its
discretion, inspect the proposed location where the fireworks will be stored or sold
at wholesale or retail to ensure that the applicant is in compliance with the State
Fire Code, County Fire Code and County Safety Code.
u The department may deny a license if the applicant is not in compliance with the
requirements of these rules or chapter 132D, Hawaii 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 licensee's license shall
be revoked and no new license shall be issued to the licensee for a period of two
years from the date of the license revocation
Section 14 -29. Fireworks permit.
(a) Types of permits:
W The following ypes of fireworks permits are available to the public:
Permits for the purchase of any non -aerial common fireworks may
be issued for events set forth in section 14- 29(b):
m
l? Permits for the purchase and use of any non - aerial common
fireworks may be issued for cultural purposes or events as set fort h
in section 14- 29(b):
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, ignited or
discharged for public displays.
(b) Use of non -aerial common fireworks• when permit required
Non -aerial common fireworks, other than firecrackers maybe used within
the County of Hawaii during the following periods without a permit
From 9:00 p.m. 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 Chinese New Year's Day' and
(C) From 1:00 p.m. to 9:0012.m. on the Fourth of Jul.
A permit is required for the purchase and use of not more than 5,000
individual firecrackers when such use occurs during the time specified
above in subsection (1).
A permit is required if the proposed cultural use of non -aerial common
fireworks including firecrackers is to occur at any time not specified above
in subsection (1).
(4) A permit issued pursuant to this section shall authorize purchase and the use
of non - aerial common fireworks from 9:00 a.m. to 9.00 12.m. on the date for
which the permit is issued: provided that not more than 5.000 individual
non -aerial fireworks shall be allowed under each permit.
Lc) Permits for the permissible uses of aerial common fireworks and special fireworks
Aerial common fireworks and special fireworks may be purchased, set off, ignited,
-9-
or otherwise caused to explode within the County of Hawaii only if for public
display and permitted in writing pursuant to section 14 -30(d)
General permit provisions Any person desiring ermit as described in section
14 -29 (a) shall obtain a permit issued by the department The following provisions
shall apply to all permits:
W A permit matey be issued to a person eighteen years of age or older.
An application for a permit may be issued to any person for cultural
purposes.
lj Permits are nontransferable.
Permits are valid only when the fireworks are used at the site time and date
so indicated on the permit.
Permits shall be prominently displayed in public view at the site on the day
at the time of the firing.
A permit may be denied if the proposed use of fireworks presents a
substantial inconvenience to the public or presents an unreasonable fire or
safety hazard.
(77,) If the permittee fails to remain in compliance with the requirements as set
forth in these rules or in chapter 132D. Hawaii Revised Statutes the
department may immediately revoke the permit.
The date of issuance or effect and the date of expiration shall be noted on
the permit, but in no case shall the expiration date exceed the period of one
year from the date of issuance or effect of the permit
Section 14 -30. Application for permits.
La) The following provisions shall apply to all permit applications:
Applications for permits shall be obtained at the department or at those
locations so designated by the department.
10-
Completed applications for permits may be delivered in person during
business hours from 8:00 a.m. to 4:00 p.m. or mailed to the department or at
those locations so designated by the department The application must
include a self - addressed envelope of adequate size and sufficient ostage
The department shall determine whether or not to issue the permit Permits
or denials of permit applications will be mailed to the applicant by the
department.
Permits for the purchase of non -aerial common fireworks for designated periods
prescribed in section 14 -29 relating to New Year's, Chinese New Year and the
Fourth of July.
W Applications for permits to purchase non -aerial common fireworks for use
during the designated periods prescribed in section 14 -29(b) shall be in
writing,
signed by
the applicant
and shall include:
(A)
Name, age,
telephone
number, and address of the person and
permittee, if different:
Name(s) of the organization's, corporation's, club's, establishment's
or other entity's proprietor(s), partner(s), or officer(s) and
verification that the person making the he application is the authorized
agent of the entity;
Date of the permitted activity;
CDJ Location where the permitted activity is to occur: and
Estimated quantity of non -aerial common fireworks to be used under
the permit, but not exceeding _5,000 units.
(2) The fee for this permit is $25, payable to the County Director of Finance, is
non - refundable and must be submitted at the time of the application.
11-
Any purchase of non -aerial common fireworks with a permit issued
pursuant to this section shall not occur more than five calendar dUs prior to
the designated periods for use as set forth in section 14 -29(b)
(4) A permit issued pursuant to this section shall not allow purchase of non-
aerial common fireworks for more than one event as set forth in section 14-
29b.
(c) Permits for the purchase of non -aerial common fireworks for proposed cultural use
during time ime periods other than designated time periods prescribed in section
14-29(b).
(1) The application shall be in writing signed by the applicant and shall include
the following:
W Name, age, telephone number, and address of the person and
permittee, if different:
(B) Name(s) of the organization's corporation's, club's establishment's
or other entity's proprietor(s), partner (s) or officer(s) and verification
that the person making the he application is the authorized agent of the
it"
en
(_C) Name, address telephone number and age of the person who will
supervise the use of the non - aerial common fireworks•
(D) Estimated quantity of non -aerial common fireworks to be used under
the permit, but not exceeding 5,000 units: and
(E) Date, time period and proposed cultural use of the non -aerial
common fireworks.
Q A person including the proprietor, partner, corporate officer or duly
authorized agent of and temple, cemetery, or any cultural association, lion
dance club, or other similar organization desiring to purchase, discharge
fire, or explode non - aerial common fireworks for cultural purposes or
12-
occasions. or desiring wo provide for the discharging, firing or exploding of
non -aerial common fireworks by members of their organizations clients
patrons or customers, for cultural purposes or occasions may obtain a
permit pursuant to this subsection.
The fee for this permit is $25, payable to the County director of
finance is non - refundable and must be submitted at the time of the
application.
A permit issued pursuant to paragraph 2 of this subsection shall not
allow purchase of non -aerial common fireworks for more than one
event.
(33,) A permit may be issued to an establishment for the use of non -aerial
common fireworks at the establishment during the period of the permit
Such permit may allow the establishment to purchase non -aerial common
fireworks for cultural purposes specified in the permit.
The fee for this permit is $25, payable to the County director of
finance, is non - refundable, and must be submitted at the time of the
application.
The time period of the permit for the establishment shall not exceed
six months.
u Any purchase of non - aerial common fireworks with a permit issued
pursuant to this section shall not occur more than five calendar days prior to
the designated periods for use as set forth in section 14 -29 (b), and as stated
on the permit.
u Permits for aerial common fireworks for special fireworks, known as Public
Display Permits.
W A permit may be issued to purchase and set off, ignite, or discharge aerial
common fireworks, special fireworks, or both, for a public display.
-13-
u The application shall be in writing signed by the applicant and state the
following:
The name, age and address of the applicant
The name, age, and address of the person who will operate the
display, and verification that the person is a licensed pyrotechnic
operator as duly authorized by the State of Hawaii•
The time, date, and plot plan of the place for the display:
The type and quantity of aerial common fireworks special fireworks
or both, to be displayed: and
The purpose or occasion for which the display is to be presented
An application for a public display permit shall be submitted to the
department not less than twenty working days before the proposed date of
the public display.
The fee for this permit is $110 for each year or fraction of a year in which
the permittee plans to conduct business, payable to the County Director of
Finance is non - refundable, and must be submitted with the application
No public display permit shall be issued unless the applicant presents at the
applicant's option, either:
W A written certificate of an insurance carrier or a policy providing for
the payment of damages in the amount of not less than $5,000 for
iniury to, or death of, any person, and subject to the foregoing
limitation for one person: in 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, caused by reason of the
authorized display and arising from any tortious acts or negligence of
the permittee, the permittee's agents, employees, or subcontractors
The certificate shall state that the policy is in full force and effect
-14-
and will continue to be in full force and effect for not less than ten
days after the date of the public display, or
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 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 $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 tortious acts or negligence of
the permittee, the permittee's agents employees, or subcontractors.
The security shall continue to be in full force and effect for not less
than ten days after the date of the public display.
The department may require coverage in amounts greater than the minimum
amounts set forth in_parazaph (5) of this subsection if deemed necessary or
desirable in consideration of such factors as:
W Location and scale of the display:
(B) Type of aerial common fireworks, special fireworks, or both, to be
used; and
(C) Number of spectators expected.
Prior to the issuance of a public display permit and at the discretion of the
department, an inspection of the proposed firing area may be reauired
Inspections, when conducted, shall ascertain compliance with National Fire
Protection Association Standards 1123 entitled "Outdoor Display of
Fireworks" or 1126 entitled, "Pyrotecnhics Before A Proximate Audience,"
1995 Edition, which are incorporated herein by reference.
15-
U A public disglay permit may be denied by the department if the
requirements imposed by this article or chapter 132D. Hawaii Revised
Statutes are not met.
Notwithstanding the foregoing, any public display permit issued by the
department may be revoked or suspended immediately by the department
for the following reasons:
The climatic, atmospheric, or other conditions on the day of the
proposed firing may reasonably be believed to make the use of aerial
common fireworks, special fireworks, or both hazardous to persons
or property; or
Any requirement imposed by this article or chapter 132D Hawaii
Revised Statutes, or any condition of the permit necessary to
minimize the danger to persons or property is not met.
Section 14 -31. Importation, bill of lading, notification and storage.
(a) Licensee's duty of notification.
W Any person who has obtained a license pursuant to section 132D -7 Hawaii
Revised Statutes, and ships fireworks into the County of Hawaii shall:
Clearly designate the types of fireworks in each shipment on the bill
of lading or r shipping manifest.
Declare on the bill of lading or r shipping manifest the gross weight of
aerial common fireworks, non -aerial common fireworks, and special
fireworks to be imported in each shipment.
U Declare on the bill of lading or shipping manifest, the location of the
storage facility, if applicable, in which the fireworks are to be stored
Prior to shipment, notify the fire chief of the department regarding
whether the shipment will be distributed from:
-16-
(i� Pier to pier;
ii Pier to warehouse or storage facilitror
iii Pier to redistribution.
At the time shipping is booked the importer or consignee shall
notify the fire chief of the department in writing of the expected
shipment's landing date.
Discretionary inspection of shipment of fireworks The department shall be
allowed to inspect, if it chooses, any shipment declared on the shipping manifest as
fireworks when a shipment of fireworks has landed and becomes subject to the
jurisdiction of the department.
U Approval to store fireworks.
W The facility in which fireworks are to be stored must:
W Obtain the approval of the department fifteen days prior to the
shipment's arrival: and
Satisfy the requirements of the State Fire Code County Fire Code
and County Safety Code.
(d) Importation of aerial common fireworks, special fireworks or both for public
display. Aerial common fireworks, special fireworks, or both shall only be
imported and stored, if necessary, in an amount sufficient for an anticipated
three -month inventory except that if a licensee under section 14 -28 provides aerial
common fireworks special fireworks or both for public displays as allowed under
sections 14 -30(d) more than once a month the licensee may import or store if
necessary, sufficient aerial common fireworks, special fireworks or both for a six-.
month inventory
17-
Section 14 -32. Public information.
(a) The public may obtain information about matters within the jurisdiction of the
department by inquiring at:
The office of the county clerk, where there are on file all rules of the
department, or at
The office of the Hawaii County fire department
(b) Department
files which are subject to inspection by
the public
pursuant to chapter
91,
Hawaii Revised Statutes, may be examined upon
request
u Inquiry may be made in person at the department's office during _regular business
hours, or by submitting a request for information in writing 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 county
ordinance.
Section 14 -33. General prohibitions.
It shall be unlawful for any person to:
(a) Remove or extract the pyrotechnic contents from any fireworks•
Throw any gnited fireworks from a moving vehicle:
u 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 -29
unless permitted pursuant to section 14 -30 of this article;
Within one thousand feet of any operating hospital, convalescent home
home for the elderly or animal hospital;
In any school building or on any school grounds and yards on any occasion•
and
(4,) On any ighway alley, street sidewalk or other public way in any park
within fifty feet of a canefield: or within one thousand feet of any building
18-
used for public worshiD during the periods when services are held• except as
may be permitted pursuant to section 14 -30
u 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 that the parents or guardians may allow the
minor to use fireworks while under the immediate supervision and control of an
adult.
Section 14 -34. Penalties.
(a) Any person importing aerial common fireworks or special fireworks without
having a valid license under section 132D -7 Hawaii Revised Statutes shall be
guilty of a class C felony.
Any person purchasing, possessing, setting etting off, igniting, or discharging aerial
common fireworks or special fireworks without a valid permit under sections
132D -10 and 132D -16, Hawaii Revised Statutes or storing, selling or possessing
aerial common fireworks or special fireworks without a valid license under
section 132D -7, Hawaii Revised Statutes,
W If the total weight of the aerial common fireworks or special fireworks is
twenty -five pounds or more shall be guilty of a class C felony or
If the total weight of the aerial common fireworks or special fireworks is
less than twenty -five pounds, shall be guilty of a misdemeanor.
u Any person who transfers or sells aerial common fireworks or special fireworks to
a person who does not have a valid permit under sections 132D -10 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
guilty of a misdemeanor.
-19-
u Except as provided in subsections (a) (b) (c ), and Ll or as otherwise specifically
provided for in chapter 132D Hawaii Revised Statutes any person violating any
other provision of chapter 132D, Hawaii Revised Statutes shall be prosecuted
pursuant to Section 13 -11, penalties section of the Hawaii County Charter, as
amended."
Section 14 -35. 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 -36 and section 14 -33(d)
Section 14 -36. Liability of Parents or Guardians.
The parents, guardians and other persons having the custody or control of any
minor, who knowingly permit the 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 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 supervision and control of another adult.
SECTION 3. New material is underscored. In printing this ordinance, the
underscoring need not be included.
SECTION 4. If any provision of this ordinance, or the application thereof to any
person or circumstance, is held invalid, such invalidity 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 ordinance are declared to be severable.
-20-
SECTION 5. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
AJ: a /AFireworksOrd. wpd
INTRODUCED BY:
4 e'-Z' za'l
C CIL MEMBER, COUNTY OF HAWAII
November 9, 2000
November 9, 2000
December 4, 2000
Effective Date: December 12, 2000
-21-
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
Introduced By: Aaron S.Y. C
Date Introduced:
November
9,
2000
First Reading:
November
9,
2000
Published:
November
19
& 27. 2000
REMARKS:
Second Reading: December 4, 2000
To Mayor:
December 7, 2000
Returned:
Icember 12. 2000
Effective:
December 12, 2000
Published:
December 26, 2000
REMARKS: Deferred - 11/29/00
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
X
Chung
X
Elarionoff
X
Jacobson
X
Leithead -Todd
X
Pisicchio
X
x
Smith
X
Tyler
X
Yagong
X
7
1
1
0
(DRAFT 4)
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Chung
X
Elarionoff
X
Jacobson
X
Leithead -Todd
X
Pisicchio
X
Smith
X
Tyler
X
Yagong
X
6
3
0
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND fjLITY:
r
DFPUTY C RPORATIOrbCOUNSEL
COUNTY HAWAII
Date
Approve Disapproved this day
of Vc u mbzr ---,2000
4� � Bill No.:
A /AYOR, ('01INTY OF FL4ITA /I Reference:
Ord. No.:
CHAIRMAN
CLERK
334 iDraft 4
C- -956
00 -137