REPORT TITLE:
Fireworks Control


DESCRIPTION:
Prohibits the use of fireworks unless the user possess a permit
issued for compelling religious and cultural purposes; limits the
number of permits that may be issued; clarifies that the counties
shall enforce fireworks law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           680
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-5, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      "[[]§132D-5[]]  General prohibitions.  It shall be unlawful
 
 4 for any person without a permit to:
 
 5      (1)  Remove or extract the pyrotechnic contents from any
 
 6           fireworks;
 
 7      (2)  Throw any ignited fireworks from a moving vehicle; or
 
 8      (3)  Set off, ignite, discharge, or otherwise cause to
 
 9           explode any fireworks:
 
10           (A)  At any time [not within the periods for use
 
11                prescribed in section 132D-3], unless permitted
 
12                pursuant to section 132D-10;
 
13           (B)  Within one thousand feet from any operating
 
14                hospital, convalescent home, home for the elderly,
 
15                or animal hospital;
 
16           (C)  In any school building, or on any school grounds
 
17                and yards without first obtaining authorization
 
18                from appropriate school officials;
 
19           (D)  On any highway, alley, street, sidewalk, or other
 

 
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 1                public way; in any park; within fifty feet from a
 
 2                canefield; or within one thousand feet from any
 
 3                building used for public worship during the
 
 4                periods when services are held; except as may be
 
 5                permitted pursuant to section 132D-10; and
 
 6           (E)  Within five hundred feet from any hotel."
 
 7      SECTION 2.  Section 132D-7, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (b) to read as follows:
 
 9      "(b)  It shall be unlawful for any person to set off, ignite
 
10 or discharge [aerial common or special fireworks at any time or
 
11 to set off, ignite or discharge non-aerial common] any fireworks
 
12 at any time [other than the periods for use prescribed in section
 
13 132D-3(1)] in any county unless the person has a valid permit
 
14 issued by the county in which the permitted activity is to
 
15 occur."
 
16      SECTION 3.  Section 132D-8, Hawaii Revised Statutes, is
 
17 amended by amending subsection (c) to read as follows:
 
18      "(c)  It shall be unlawful for any person, other than a
 
19 wholesaler who is selling or transferring fireworks to a licensed
 
20 retailer, to sell or offer to sell any fireworks:
 
21      [(1) More than seven calendar days prior to the designated
 
22           period for use as described in section 132D-3(1);
 
23      (2)  At other than the designated periods for use set forth
 

 
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 1           in section 132D-3(1), unless]
 
 2      (1)  Unless the purchaser presents a valid permit; or
 
 3     [(3)] (2) At any other time, and whenever the sale of special
 
 4           fireworks is involved, to any person who does not
 
 5           present a permit duly issued as required by section
 
 6           132D-7.  The permit shall be signed by the seller or
 
 7           transferor at the time of sale or transfer of the
 
 8           fireworks, and the seller or transferor shall indicate
 
 9           on the permit the amount and type of fireworks sold or
 
10           transferred.  No person shall sell or deliver fireworks
 
11           to any permittee in any amount in excess of the amount
 
12           specified in the permit, less the amount shown on the
 
13           permit previously to have been purchased."
 
14      SECTION 4.  Section 132D-9, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]§132D-9[]]  Application for permit.  (a)  The permit
 
17 required under section 132D-7 shall be issued by the county fire
 
18 department and be nontransferable.  A permit shall only be issued
 
19 for compelling religious and cultural purposes.  The county shall
 
20 issue all permits for which complete applications have been
 
21 submitted and which contain only correct information[.]; provided
 
22 that the county shall not issue a permit if the county has issued
 
23         permits that permit activity during the calendar year in
 

 
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 1 which the activity applied for is to occur.
 
 2      (b)  The permit shall specify the date of issuance or effect
 
 3 and the date of expiration but in no case for a period to exceed
 
 4 one year.  The application shall be made on a form setting forth
 
 5 the dates for which the permit shall be valid, the location where
 
 6 the permitted activity is to occur, and the name of the
 
 7 proprietor or, if a partnership, the name of the partnership and
 
 8 the names of all partners or, if a corporation, the name of the
 
 9 corporation and the names of its officers.  
 
10      (c)  The permit application may be denied if the proposed
 
11 use of fireworks presents a substantial inconvenience to the
 
12 public or presents an unreasonable fire or safety hazard.
 
13      (d)  Any permit issued pursuant to this chapter shall be
 
14 prominently displayed in public view at the site."
 
15      SECTION 5.  Section 132D-10, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]§132D-10[]]  Permits.  A permit shall be required for
 
18 the purchase, setting off, ignition, or discharge of[:
 
19      (1)  Any non-aerial common fireworks when the proposed date
 
20           of the use of the fireworks is not within the periods
 
21           prescribed in section 132D-3(1); and
 
22      (2)  Any aerial common and any special] any fireworks under
 
23           all circumstances and at any time."
 

 
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 1      SECTION 6.  Section 132D-12, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§132D-12[]]  Sale to minors.  It shall be unlawful for
 
 4 any person to offer for sale, sell, or give any fireworks to
 
 5 minors, and for any minor to possess, purchase, or set off,
 
 6 ignite, or otherwise cause to explode any fireworks[, except as
 
 7 provided in section 132D-13]."
 
 8      SECTION 7.  Section 132D-13, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]§132D-13[]]  Liability of parents or guardians.  The
 
11 parents, guardian, and other persons having the custody or
 
12 control of any minor, who knowingly permit the minor to possess,
 
13 purchase, or set off, ignite, or otherwise cause to explode any
 
14 fireworks, shall be deemed to be in violation of this chapter and
 
15 shall be subject to the penalties thereunder[, except that the
 
16 parents or guardian may allow the minor to use fireworks while
 
17 under the immediate supervision and control of the parent or
 
18 guardian, or under the supervision and control of another
 
19 adult]."
 
20      SECTION 8.  Section 132D-14, Hawaii Revised Statutes is
 
21 amended to read as follows:
 
22      "[[]§132D-14[]]  Penalty.(a)  Any person importing aerial
 
23 common fireworks or special fireworks into the State without
 

 
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 1 first having obtained a license as required by section 132D-7
 
 2 shall be guilty of a class C felony.
 
 3      (b)  Except as provided in subsection (a), any person
 
 4 violating any other provision of this chapter, shall be guilty of
 
 5 a petty misdemeanor.
 
 6      (c)  Notwithstanding section 706-643, all fines imposed for
 
 7 violating this chapter shall be payable to the county in which
 
 8 the violation occurred."
 
 9      SECTION 9.  Section 132D-20, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "[[]§132D-20[]]  Enforcement.  This chapter shall be
 
12 enforced by the [department and designated county agencies.  The
 
13 counties are authorized to enforce and administer the provisions
 
14 of this chapter regulating permits for display, agricultural
 
15 uses, uses by commercial establishments and wholesale and retail
 
16 sales of fireworks.] counties."
 
17      SECTION 10.  Section 132D-3, Hawaii Revised Statutes, is
 
18 repealed.
 
19      ["[§132D-3]  Permissible uses of non-aerial common
 
20 fireworks.  Non-aerial common fireworks may be set off, ignited,
 
21 discharged, or otherwise caused to explode within the State only:
 
22      (1)  From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New
 
23           Year's Day; from 9:00 p.m. Chinese New Year's Eve to
 

 
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 1           1:00 a.m. Chinese New Year's Day; and from 9:00 p.m. on
 
 2           the Fourth of July to 1:00 a.m. on July 5; or
 
 3      (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit
 
 4           pursuant to section 132D-10 if the proposed use is to
 
 5           occur at any time other than during the periods
 
 6           prescribed in paragraph (1)."]
 
 7      SECTION 11.  Section 132D-4, Hawaii Revised Statutes, is
 
 8 repealed.
 
 9      ["[§132D-4]  Permissible uses of special and aerial common
 
10 fireworks.  Special and aerial common fireworks may be purchased,
 
11 set off, ignited, or otherwise caused to explode in the State
 
12 only if permitted in writing pursuant to section 132D-10."]
 
13      SECTION 12.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 13.  This Act shall take effect upon its approval.
 
16 
 
17                           INTRODUCED BY:  _______________________