Report Title:

Fireworks; Ban; Cultural and Religious Exceptions

Description:

Bans consumer fireworks in counties with a population over 600,000, except for religious and cultural purposes; requires counties to regulate the sale of consumer fireworks for religious or cultural purposes.  (SD1)

THE SENATE	S.B. NO.	2
TWENTY-FIFTH LEGISLATURE, 2009		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[.]; sales. (a)  Except as provided in subsections (b) and (c), and notwithstanding any other law to the contrary, it shall be unlawful for a person to use, fire, discharge, explode, ignite, or set off consumer fireworks at any time.

(b)  [Consumer] For counties with a resident population less than or equal to six hundred thousand, 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; 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);] for religious or cultural purposes as allowed by permit issued by a county or its authorized designee pursuant to section 132D‑10.

[provided that the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed under each permit.]

(c)  For counties with a resident population over six hundred thousand, consumer fireworks may only be set off pursuant to subsection (b)(2).

(d)  A county that allows the use of fireworks shall adopt an ordinance to regulate the sale of consumer fireworks for religious or cultural purposes."

     SECTION 2.  Section 132D-5, Hawaii Revised Statutes, is amended to read as follows:

"§132D-5  General prohibitions.  [(a)  It]  Notwithstanding any other law to the contrary, it shall be unlawful for any person without a permit issued under section 132D-10 by a county fire department to:

     (1)  Remove or extract the pyrotechnic contents from any fireworks;

     (2)  Throw any ignited fireworks:

         (A)  From, at, or into a vehicle;

         (B)  At a person or an animal; and

         (C)  From above the first floor of any building; or

     (3)  Set off, ignite, discharge, or otherwise cause to explode any fireworks:

         (A)  Above the first floor of any building;

         (B)  In any vehicle;

         (C)  At any time not within the periods for use prescribed in section 132D-3;

         (D)  Within one thousand feet of any operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital;

         (E)  In any school building, or on any school grounds and yards without first obtaining authorization from appropriate school officials;

         (F)  On any highway, alley, street, sidewalk, or other public way; in any park; on any public beach; in any officially designated forest or wildlife preserve; within fifty feet of a canefield; or within one thousand feet of any building used for public worship during the periods when services are held; and

         (G)  Within five hundred feet of any hotel.

     (b)  [It] For counties with a resident population less than or equal to six hundred thousand, 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] For counties with a resident population less than or equal to six hundred thousand, 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.

(d)  For counties with a resident population over six hundred thousand, it shall be unlawful to purchase consumer fireworks more than five calendar days prior to the date the consumer fireworks are to be used pursuant to section 132D‑3(b)(2)."

     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 and use of:

     (1)  Any consumer fireworks commonly known as firecrackers upon payment of a fee of $25;

     (2)  Any aerial devices, display fireworks, or articles pyrotechnic for the purposes of section 132D-16 upon payment of a fee of $110; and

     (3)  Any consumer fireworks for the purposes of section 132D-5 or for cultural uses that occur at any time other than during the periods prescribed in section [132D-3(1)] 132D-3(b)(1) upon a payment of a fee of $25."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.