REPORT TITLE:
Aerial Common Fireworks Ban


DESCRIPTION:
Bans all aerial common fireworks use and the importation thereof.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            450         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO FIREWORKS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 132D-4, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§132D-4[]]  Permissible [uses] use of special [and
 
 4 aerial common] fireworks.  Special [and aerial common] fireworks
 
 5 may be purchased, set off, ignited, or otherwise caused to
 
 6 explode in the State only if permitted in writing pursuant to
 
 7 section 132D-10."
 
 8      SECTION 2.  Section 132D-5, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]§132D-5[]]  General prohibitions.  (a)  It shall be
 
11 unlawful for any person without a permit to:
 
12      (1)  Remove or extract the pyrotechnic contents from any
 
13           fireworks;
 
14      (2)  Throw any ignited fireworks from a moving vehicle; or
 
15      (3)  Set off, ignite, discharge, or otherwise cause to
 
16           explode any fireworks:
 
17           (A)  At any time not within the periods for use
 
18                prescribed in section 132D-3, unless permitted
 
19                pursuant to section 132D-10;
 

 
Page 2                                         450         
                                     H.B. NO.           
                                                        
                                                        

 
 1           (B)  Within one thousand feet from any operating
 
 2                hospital, convalescent home, home for the elderly,
 
 3                or animal hospital;
 
 4           (C)  In any school building, or on any school grounds
 
 5                and yards without first obtaining authorization
 
 6                from appropriate school officials;
 
 7           (D)  On any highway, alley, street, sidewalk, or other
 
 8                public way; in any park; within fifty feet from a
 
 9                canefield; or within one thousand feet from any
 
10                building used for public worship during the
 
11                periods when services are held; except as may be
 
12                permitted pursuant to section 132D-10; and
 
13           (E)  Within five hundred feet from any hotel.
 
14      (b)  It shall be unlawful for any person to set off, ignite,
 
15 discharge, or otherwise cause to explode any aerial common
 
16 fireworks."
 
17      SECTION 3.  Section 132D-7, Hawaii Revised Statutes, is
 
18 amended by amending subsection (b) to read as follows:
 
19      "(b)  It shall be unlawful for any person to set off, ignite
 
20 or discharge [aerial common or] special fireworks at any time or
 
21 to set off, ignite or discharge non-aerial common fireworks at
 
22 any time other than the periods for use prescribed in section
 
23 132D-3(1) in any county unless the person has a valid permit
 

 
Page 3                                         450         
                                     H.B. NO.           
                                                        
                                                        

 
 1 issued by the county in which the permitted activity is to
 
 2 occur."
 
 3      SECTION 4.  Section 132D-10, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "[[]§132D-10[]]  Permits.  A permit shall be required for
 
 6 the purchase, setting off, ignition, or discharge of:
 
 7      (1)  Any non-aerial common fireworks when the proposed date
 
 8           of the use of the fireworks is not within the periods
 
 9           prescribed in section 132D-3(1); and
 
10      (2)  Any [aerial common and any] special fireworks under all
 
11           circumstances and at any time."
 
12      SECTION 5.  Section 132D-14, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "[[]§132D-14[]]  Penalty.(a)  Any person importing aerial
 
15 common fireworks [or special fireworks] into the State [without
 
16 first having obtained a license as required by section 132D-7]
 
17 shall be guilty of a class C felony.
 
18      (b)  Any person importing special fireworks into the State
 
19 without first having obtained a license as required by section
 
20 132D-7 shall be guilty of a class C felony.
 
21      [(b)] (c)  Except as provided in [subsection (a),] this
 
22 section, any person violating any other provision of this
 
23 chapter, shall be guilty of a petty misdemeanor."
 

 
Page 4                                         450         
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 6.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 7.  This Act shall take effect upon its approval.
 
 4 
 
 5                           INTRODUCED BY:  _______________________