Report Title:
Fireworks
Description:
Allows the various counties to enact more stringent laws than those imposed by the Hawaii Revised Statutes. Prohibits the sale of non-aerial common fireworks on the Fourth of July in counties with populations over 500,000.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2000 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
related to fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that fires, injuries, and property damage from fireworks increase during New Year's Eve and Fourth of July celebrations, creating health and safety concerns for the public and straining the resources of fire, police, and emergency medical services. The safety and welfare of the public will be better served by imposing stricter rules on the sale and use of fireworks.
The purpose of this Act is to allow the various counties to enact more stringent laws than those imposed by the Hawaii Revised Statutes and to restrict the sale and use of non-aerial common fireworks on the Fourth of July in counties with populations of over five hundred thousand.
SECTION 2. Section 132D-3, Hawaii Revised Statutes, is amended to read as follows:
"§132D-3 Permissible uses of non-aerial common fireworks. (a) Non-aerial common fireworks may be set off, ignited, discharged, or otherwise caused to explode within the [State] 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 except as provided in subsection (b), 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] five thousand individual non-aerial common fireworks commonly known as firecrackers shall be allowed under each permit.
(b) The sale or use of non-aerial common fireworks on the Fourth of July is prohibited in counties with population of over five hundred thousand."
SECTION 3. Section 132D-17, Hawaii Revised Statutes, is amended to read as follows:
"§132D-17 Inconsistent county ordinances, rules. Notwithstanding any other law to the contrary, no county shall enact [ordinances] an ordinance or adopt any [rules] rule regulating fireworks, except as required in this chapter, that is [inconsistent with or more] less restrictive than[,] the provisions of this chapter. Any ordinances and rules regulating fireworks that were enacted or adopted by a county before [March 31, 1995, except those provisions which are not inconsistent with, or more restrictive than those of this chapter] August 1, 2006, that are inconsistent with the requirements of this section, are declared void."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on August 1, 2006.
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INTRODUCED BY: |
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