Report Title:
Fireworks; Permits
Description:
Requires a permit to set-off fireworks.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2660 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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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 of non-aerial common fireworks. Non-aerial common fireworks may 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 and setting-off, igniting, discharging, or exploding 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-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, and to set-off, ignite, discharge, or explode non-aerial common fireworks for the purposes of section 132D-3 shall not allow [purchase] such use 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 3. Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:
"§132D-10 Permits. A permit shall be required for the purchase of[:], and to set-off, ignite, discharge, or otherwise cause to explode within the State:
(1) Any non-aerial common fireworks commonly known as firecrackers upon payment of a fee of $25; and
(2) Any aerial common fireworks and any special fireworks for the purposes of section 132D-16."
SECTION 4. Section 132D-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person:
(1) Importing aerial common fireworks or special fireworks without having a valid license under section 132D-7 shall be guilty of a class C felony;
(2) Purchasing, possessing, setting off or igniting, [or] discharging, or exploding aerial common fireworks or special fireworks without a valid permit under [sections] section 132D-10 [and] or 132D-16, or storing, selling, or possessing aerial common fireworks or special fireworks without a valid license under section 132D-7:
(A) If the total weight of the aerial common fireworks or special fireworks is twenty-five pounds or more, shall be guilty of a class C felony; or
(B) If the total weight of the aerial common fireworks or special fireworks is less than twenty-five pounds, shall be guilty of a misdemeanor.
(3) Who transfers or sells aerial common fireworks or special fireworks to a person who does not have a valid permit under sections 132D-10 and 132D-16, shall be guilty of a class C felony; and
(4) Who removes or extracts the pyrotechnic contents from any fireworks and uses the contents to construct fireworks or a fireworks related device shall be guilty of a misdemeanor."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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