Report Title:
Fireworks; Prohibition
Description:
Prohibits the use of consumer fireworks. Effective 7/1/08.
|
THE SENATE |
S.B. NO. |
2027 |
|
TWENTY-FOURTH LEGISLATURE, 2008 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 132D-2, Hawaii Revised Statutes, is amended by amending the definition of "consumer fireworks" to read as follows:
""Consumer fireworks" means any
fireworks designed primarily for retail sale to the public [during
authorized dates and times,] that produces visible or audible effects by
combustion, and that is designed to remain on
or near the ground and, while stationary or spinning rapidly on or near the
ground, emits smoke, a shower of colored sparks, whistling effects, flitter
sparks, or balls of colored sparks, and includes combination items that contain
one or more of these effects. ["Consumer fireworks" shall comply
with the construction, chemical composition, and labeling regulations of the
United States Consumer Product Safety Commission as set forth in Title 16 Code
of Federal Regulations and fireworks classified as UN0336 and UN0337 by the
United States Department of Transportation as set forth in Title 49 Code of
Federal Regulations.] "Consumer fireworks" include firework
items commonly known as firecrackers that are single paper cylinders not
exceeding one and one-half inches in length excluding the fuse and one-quarter of an inch in diameter and contain a charge of not more than fifty
milligrams of pyrotechnic composition, snakes, sparklers, fountains, and
cylindrical or cone fountains that emit effects up to a height not greater than
twelve feet above the ground, illuminating torches, bamboo cannons, whistles,
toy smoke devices, wheels, and ground spinners that when ignited remain within
a circle with a radius of twelve feet as measured from the point where the item
was placed and ignited, novelty or trick items, combination items, and other
fireworks of like construction that are designed to produce the same or similar
effects."
SECTION 2. Section 132D-3, Hawaii Revised Statutes, is amended to read as follows:
"§132D‑3 [Permissible uses of
consumer] Consumer fireworks[.]; prohibition. [Consumer
fireworks may be set off, ignited, discharged, or otherwise caused to explode]
It shall be unlawful for any person to possess or use consumer fireworks
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 five
thousand individual consumer fireworks commonly known as firecrackers shall be
allowed under each permit]."
SECTION 3. Section 132D-5, Hawaii Revised Statutes, is amended to read as follows:
"§132D‑5 General prohibitions. (a) 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] 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.
(b) It shall be unlawful to purchase consumer
fireworks [more than five calendar days before the time periods for
permissible use under section 132D-3].
(c) It shall be unlawful to sell consumer
fireworks [after 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese New
Year's Day, and 8:00 p.m. on the Fourth of July]."
SECTION 4. Section 132D-7, Hawaii Revised Statutes, is amended to read as follows:
"§132D‑7 License or permit required. A person shall not:
(1) Import, store, offer to sell, or sell, at
wholesale or retail, aerial devices, display fireworks, or articles
pyrotechnic[, or consumer fireworks] unless the person has a valid
license issued by the county; or
(2) Possess aerial devices, display fireworks, or articles pyrotechnic without a valid license to import, store, or sell aerial devices, display fireworks, or articles pyrotechnic, or a valid display permit as provided for in this chapter."
SECTION 5. Section 132D-8.6, Hawaii Revised Statutes, is amended to read as follows:
"§132D‑8.6 Requirements of licensee. (a) Any person who has obtained a license under section 132D‑7 and ships fireworks or articles pyrotechnic into the State shall:
(1) Clearly designate the types of fireworks or articles pyrotechnic 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 devices, [consumer fireworks,]
display fireworks, and articles pyrotechnic to be imported in each shipment and
the location of the storage facility, if applicable, in which the fireworks or
articles pyrotechnic are to be stored;
(3) Prior to shipment and when booking each shipment of fireworks or articles pyrotechnic 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.
(b) The fire department of a county, in which a shipment of fireworks or articles pyrotechnic has landed and becomes subject to the jurisdiction of the fire department, shall be allowed to inspect, if it chooses, any shipment declared on the shipping manifest as fireworks or articles pyrotechnic.
(c) The facility in which fireworks or articles pyrotechnic are to be stored shall:
(1) Have received approval fifteen days prior to the shipment's arrival from the appropriate county fire department; and
(2) Meet all state and county fire and safety codes.
(d) Any fireworks or articles pyrotechnic landed in the State shall be subject to seizure and forfeiture if:
(1) The importer or consignee does not have in the importer's or consignee's possession a valid license to import fireworks or articles pyrotechnic under section 132D-7;
(2) The consignee does not have a valid license to store fireworks or articles pyrotechnic under section 132D‑7; or
(3) The fireworks or articles pyrotechnic have not been declared or have been misdeclared in violation of subsection (a).
[(e) No person holding a retailer license
to sell consumer fireworks shall be allowed to sell consumer fireworks commonly
known as firecrackers in a packet size larger than five thousand individual
units. Any person violating this subsection shall be guilty of a misdemeanor.
(f)] (e) Any person violating
subsection (a), (c), or (d) shall be subject to the following for shipments of
fireworks or articles pyrotechnic of:
(1) Twenty-five pounds or less gross weight shall be a petty misdemeanor;
(2) Over twenty-five pounds to three hundred pounds gross weight shall be a misdemeanor;
(3) Over three hundred pounds to ten thousand pounds gross weight shall be a class C felony; and
(4) More than ten thousand pounds gross weight shall be a class B 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 or its authorized designees and be nontransferable. The county or its
authorized designees 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
consumer 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 or articles pyrotechnic 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 and use of[:
(1) Any consumer fireworks commonly known
as firecrackers upon payment of a fee of $25; and
(2) Any] any aerial devices,
display fireworks, or articles pyrotechnic for the purposes of section 132D-16
upon payment of a fee of $110."
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 or articles
pyrotechnic, 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 consumer fireworks while under the immediate
supervision and control of the parent or guardian, or under the supervision and
control of another adult.] hereunder."
SECTION 9. Section 132D-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person:
(1) Importing aerial devices, display fireworks, or articles pyrotechnic without having a valid license under section 132D‑7 shall be guilty of a class C felony;
(2) Importing consumer fireworks shall be guilty of a class C felony;
[(2)] (3) Purchasing, possessing,
setting off, igniting, or discharging aerial devices, display fireworks, or
articles pyrotechnic without a valid permit under sections 132D‑10 and
132D‑16, or storing, selling, or possessing aerial devices, display
fireworks, or articles pyrotechnic without a valid license under section
132D-7:
(A) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is twenty-five pounds or more, shall be guilty of a class C felony; or
(B) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is less than twenty‑five pounds, shall be guilty of a misdemeanor;
[(3)] (4) Who transfers or sells aerial
devices, display fireworks, or articles pyrotechnic 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];
(5) Who transfers or sells consumer fireworks shall be guilty of a class C felony; and
[(4)] (6) Who removes or extracts the
pyrotechnic contents from any fireworks or articles pyrotechnic and uses the
contents to construct fireworks, articles pyrotechnic, or a fireworks or
articles pyrotechnic related device shall be guilty of a misdemeanor."
SECTION 10. 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 or adopt any rules regulating fireworks or
articles pyrotechnic, except as required in this chapter, that is inconsistent
with or more restrictive than, the provisions of this chapter. Any ordinances
and rules regulating fireworks or articles pyrotechnic that were enacted or
adopted by a county before [March 31, 1995,] the effective date of
this Act except those provisions which are not inconsistent with, or more
restrictive than those of this chapter, are declared void."
SECTION 11. Each county shall develop and implement a plan for the public to safely dispose of consumer fireworks prior to the effective date of section 1 through section 10 of this Act.
SECTION 12. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 14. This Act shall take effect on July 1, 2008; provided that section 11 shall take effect upon approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|