REPORT TITLE:
Fireworks


DESCRIPTION:
Prohibits the use of non-aerial common fireworks.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO FIREWORKS.



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

 1      SECTION 1.  Chapter 132D, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§132D-    Use of non-aerial common fireworks prohibited.
 
 5 The use of non-aerial common fireworks is prohibited.  No person
 
 6 shall set off, ignite, discharge, or otherwise cause to explode
 
 7 any non-aerial common fireworks." 
 
 8      SECTION 2.  Section 132D-5, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]§132D-5[]]  General prohibitions.  It shall be unlawful
 
11 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] Unless
 
19                permitted pursuant to section 132D-10;
 

 
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 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      SECTION 3.  Section 132D-7, Hawaii Revised Statutes, is
 
15 amended by amending subsection (b) to read as follows:
 
16      "(b)  It shall be unlawful for any person to set off,
 
17 ignite, or discharge aerial common or special fireworks at any
 
18 time [or to set off, ignite or discharge non-aerial common
 
19 fireworks at any time other than the periods for use prescribed
 
20 in section 132D-3(1)] in any county unless the person has a valid
 
21 permit issued by the county in which the permitted activity is to
 
22 occur."
 

 
 
 
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 1      SECTION 4.  Section 132D-8, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  It shall be unlawful for any person, other than a
 
 4 wholesaler who is selling or transferring fireworks to a licensed
 
 5 retailer, to sell or offer to sell any fireworks[:
 
 6      (1)  More than seven calendar days prior to the designated
 
 7           period for use as described in section 132D-3(1);
 
 8      (2)  At other than the designated periods for use set forth
 
 9           in section 132D-3(1), unless the purchaser presents a
 
10           valid permit; or
 
11      (3)  At] at any other time, and whenever the sale of special
 
12           fireworks is involved, to any person who does not
 
13           present a permit duly issued as required by section
 
14           132D-7.  The permit shall be signed by the seller or
 
15           transferor at the time of sale or transfer of the
 
16           fireworks, and the seller or transferor shall indicate
 
17           on the permit the amount and type of fireworks sold or
 
18           transferred.  No person shall sell or deliver fireworks
 
19           to any permittee in any amount in excess of the amount
 
20           specified in the permit, less the amount shown on the
 
21           permit previously to have been purchased."
 
22      SECTION 5.  Section 132D-10, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "[[]§132D-10[]]  Permits.  A permit shall be required for
 
 2 the purchase, setting off, ignition, or discharge of[:
 
 3      (1)  Any non-aerial common fireworks when the proposed date
 
 4           of the use of the fireworks is not within the periods
 
 5           prescribed in section 132D-3(1); and
 
 6      (2)  Any] any aerial common and any special fireworks under
 
 7           all circumstances and at any time."
 
 8      SECTION 6.  Section 132D-3, Hawaii Revised Statutes, is
 
 9 repealed.
 
10      ["[§132D-3]  Permissible uses of non-aerial common
 
11 fireworks.  Non-aerial common fireworks may be set off, ignited,
 
12 discharged, or otherwise caused to explode within the State only:
 
13      (1)  From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New
 
14           Year's Day; from 9:00 p.m. Chinese New Year's Eve to
 
15           1:00 a.m. Chinese New Year's Day; and from 9:00 p.m. on
 
16           the Fourth of July to 1:00 a.m. on July 5; or
 
17      (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit
 
18           pursuant to section 132D-10 if the proposed use is to
 
19           occur at any time other than during the periods
 
20           prescribed in paragraph (1)."]
 
21      SECTION 7.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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 1      SECTION 8.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________