REPORT TITLE:
Fireworks


DESCRIPTION:
Grants counties concurrent lawmaking power as well as enforcement
power with regard to fireworks.  Modifies permissible hours on
the Fourth of July and prohibits use without a permit near high
density, multi-unit housing.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           608
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.  Section 132D-3, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§132D-3[]]  Permissible uses of non-aerial common
 
 4 fireworks.  Non-aerial common fireworks may be set off, ignited,
 
 5 discharged, or otherwise caused to explode within the State only:
 
 6      (1)  From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New
 
 7           Year's Day; from 9:00 p.m. Chinese New Year's Eve to
 
 8           1:00 a.m. Chinese New Year's Day; and from [9:00 p.m.]
 
 9           10:00 a.m. to 10:00 p.m. on the Fourth of July [to 1:00
 
10           a.m. on July 5]; or
 
11      (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit
 
12           pursuant to section 132D-10 if the proposed use is to
 
13           occur at any time other than during the periods
 
14           prescribed in paragraph (1)."
 
15      SECTION 2.  Section 132D-5, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]§132D-5[]]  General prohibitions.  It shall be unlawful
 
18 for any person without a permit to:
 

 
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                                     S.B. NO.           608
                                                        
                                                        

 
 1      (1)  Remove or extract the pyrotechnic contents from any
 
 2           fireworks;
 
 3      (2)  Throw any ignited fireworks from a moving vehicle; or
 
 4      (3)  Set off, ignite, discharge, or otherwise cause to
 
 5           explode any fireworks:
 
 6           (A)  At any time not within the periods for use
 
 7                prescribed in section 132D-3, unless permitted
 
 8                pursuant to section 132D-10;
 
 9           (B)  Within one thousand feet [from] of any operating
 
10                hospital, convalescent home, home for the elderly,
 
11                or animal hospital;
 
12           (C)  In any school building, or on any school grounds
 
13                and yards without first obtaining authorization
 
14                from appropriate school officials;
 
15           (D)  On any highway, alley, street, sidewalk, or other
 
16                public way; in any park; within fifty feet [from]
 
17                of a canefield; or within one thousand feet [from]
 
18                of any building used for public worship during the
 
19                periods when services are held[;], except as may
 
20                be permitted pursuant to section 132D-10; [and]
 
21           (E)  Within five hundred feet [from] of any hotel[.];
 
22                and
 

 
 
 
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                                     S.B. NO.           608
                                                        
                                                        

 
 1           (F)  Within one thousand feet of any building with more
 
 2                than ninety-nine units, or any building in an area
 
 3                zoned and used for high-density, multi-unit
 
 4                housing."
 
 5      SECTION 3.  Section 132D-17, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "[[]§132D-17[]  Preemption.] Concurrent state and county
 
 8 jurisdiction.  (a)  It is not the intent of the legislature to
 
 9 occupy the entire field of regulation in all matters that are the
 
10 subject of this chapter[.], nor to nullify or void county
 
11 ordinances and rules that are more stringent than the
 
12 requirements of this chapter.  The purpose of this chapter is to
 
13 provide a minimum level of fireworks regulation in the State.
 
14      (b)  [Notwithstanding any other law to the contrary, no] Any
 
15 county [shall] may enact [any] ordinances or adopt [any] rules[,
 
16 except as required in section 132D-7 regulating fireworks.  All
 
17 ordinances and rules regulating fireworks, adopted by a county
 
18 before March 31, 1995, are declared null and void.] that provide
 
19 for more stringent:
 
20      (1)  Regulation of fireworks; or
 
21      (2)  Requirements to obtain licenses or permits;
 
22 than the requirements of this chapter."
 

 
 
 
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                                     S.B. NO.           608
                                                        
                                                        

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