Report Title:
Fireworks; Ban on Non-Aerial
Description:
Bans the use of non-aerial common fireworks.
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THE SENATE |
S.B. NO. |
470 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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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:
SECTION 1. Section 132D-3, Hawaii Revised Statutes, is amended to read as follows:
"§132D-3 [Permissible uses] Use of non-aerial common fireworks[.]; prohibited. Non-aerial common fireworks may not be set off, ignited, discharged, or otherwise caused to explode within the State [only:
(1) 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 from 1:00 p.m. to 9:00 p.m. on the Fourth of July; or
(2) From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods prescribed in paragraph (1);
provided that the purchase of not more than 5,000 individual non-aerial common fireworks commonly known as firecrackers shall be allowed under each permit]."
SECTION 2. Section 132D-5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§132D-5[]] General prohibitions. It shall be unlawful for any person [without a permit] to:
(1) Remove or extract the pyrotechnic contents from any fireworks;
(2) Throw any ignited fireworks from a moving vehicle; or
(3) Set off, ignite, discharge, or otherwise cause to explode any fireworks[:
(A) At any time not within the periods for use prescribed in section 132D-3, unless permitted pursuant to section 132D-10;
(B) Within one thousand feet from any operating hospital, convalescent home, home for the elderly, or animal hospital;
(C) In any school building, or on any school grounds and yards without first obtaining authorization from appropriate school officials;
(D) On any highway, alley, street, sidewalk, or other public way; in any park; within fifty feet from a canefield; or within one thousand feet from any building used for public worship during the periods when services are held; except as may be permitted pursuant to section 132D-10; and
(E) Within five hundred feet from any hotel]."
SECTION 3. Section 132D-7, Hawaii Revised Statutes, is amended to read as follows:
"§132D-7 License or permit required[.]; non-aerial common fireworks excluded. (a) A person shall not:
(1) Import, store, offer to sell, or sell, at wholesale or retail, aerial common fireworks, special fireworks, or [non-aerial common fireworks], unless the person has a valid license issued by the county; or
(2) Possess aerial common fireworks or special fireworks without a valid license to import, store, or sell aerial common fireworks or special fireworks, or a valid permit as provided for in this chapter[; or
(3) Purchase non-aerial common fireworks with a permit under section 132D-10 more than five calendar days before the applicable time period for use prescribed in section 132D-3 in the county that issued the permit]."
(b) A person shall not import, store, offer to sell, or sell, at wholesale or retail, possess, or purchase, or offer to purchase any non-aerial common fireworks."
SECTION 4. Section 132D-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) 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 132D-10 or 132D-16. 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 person shall sell or deliver fireworks 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[; provided that no fireworks shall be sold to a permittee holding a permit issued for purposes of section 132D-3, more than five calendar days before the applicable time period under section 132D-3]."
SECTION 5. Section 132D-8.6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Any person who has obtained a license under section 132D-7 and ships fireworks into the State shall:
(1) Clearly designate the types of fireworks in each shipment on the bill of lading or shipping manifest with specificity;
(2) Declare on the bill of lading or shipping manifest the gross weight of aerial common fireworks, [non-aerial common fireworks,] and special fireworks to be imported in each shipment and the location of the storage facility, if applicable, in which the fireworks are to be stored;
(3) Prior to shipment and when booking each shipment of fireworks, notify the appropriate county official as determined by the county regarding whether the shipment will be distributed from:
(A) Pier to pier;
(B) Pier to warehouse or storage facility; or
(C) Pier to redistribution; and
(4) At the time shipping is booked, the importer or consignee shall notify the appropriate county official as determined by the county in writing of the expected shipment's landing date.
2. By amending subsection (e) to read:
"(e) No person holding a retailer license to sell [non-aerial common] fireworks shall be allowed to sell non-aerial common fireworks [commonly known as firecrackers in a packet size larger than 5,000 individual units]. Any person violating this subsection shall be guilty of a [misdemeanor.] class C felony."
SECTION 6. Section 132D-9, Hawaii Revised Statutes, is amended to read as follows:
"§132D-9 Application for permit. The permit required under section 132D-10 or 132D-16 shall be issued by the county and be nontransferable. The county shall issue all permits for which complete applications have been submitted and which contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. [The permit for the purchase of non-aerial common fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D-3.] The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. The permit application may be denied if the proposed use of fireworks presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard. Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site."
SECTION 7. Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:
"§132D-10 Permits. A permit shall be required for the purchase of[:
(1) Any non-aerial common fireworks commonly known as firecrackers upon payment of a fee of $25; and
(2) Any] any aerial common fireworks and any special fireworks for the purposes of section 132D-16."
SECTION 8. Section 132D-13, Hawaii Revised Statutes, is amended to read as follows:
"[[]§132D-13[]] Liability of parents or guardians. The parents, guardian, 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 chapter 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 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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