Report Title:

Fireworks; Fourth of July

Description:

Bans the use of common fireworks on the fourth of July in counties with a population of 500,000 or more.  (SD1)

THE SENATE	S.B. NO.	831
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
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-3, Hawaii Revised Statutes, is amended to read as follows:

"§132D‑3  Permissible uses of consumer fireworks.  Consumer 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[;] and 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) In counties with a population of less than 500,000, from 1:00 p.m. to 9:00 p.m. on the Fourth of July; or

    [(2)] (3)  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 2.  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 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, in counties with a population of less than 500,000, 8:00 p.m. on the Fourth of July.

(d)  In counties with a population of 500,000 or over, it shall be unlawful to sell or use consumer fireworks on the Fourth of July."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.