Report Title:

Fireworks; Ban; Cultural and Religious Exceptions

Description:

Bans consumer fireworks except for religious and cultural purposes; requires counties to regulate the hours of sales of fireworks for religious or cultural purposes.

THE SENATE	S.B. NO.	2
TWENTY-FIFTH LEGISLATURE, 2009
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 subsection (b), it shall be unlawful for a person to use, fire, discharge, explode, ignite, or set off consumer fireworks at any time.

(b)  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);

provided that the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed under each permit.] from 9:00 a.m. to 9:00 p.m. for religious or cultural purposes as allowed by permit issued by a county or its authorized designee pursuant to section 132D‑10.

(c)  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 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 8:00 p.m. 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.

INTRODUCED BY:

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