Bill Text: HI HB2709 | 2010 | Regular Session | Introduced


Bill Title: Fireworks; Enforcement; Common Interest Communities

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-27 - (H) Referred to TCI/PBS, JUD, referral sheet 7 [HB2709 Detail]

Download: Hawaii-2010-HB2709-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2709

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to fireworks.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§132D-    Private entity enforcement.  (a)  By December 1, 2010, every private entity shall adopt rules imposing fines for any fireworks violation by a homeowner or tenant of a homeowner occurring within the property of the private entity.  The rules shall establish fines in amounts deemed reasonable by the private entity and include procedures providing the homeowner or tenant notice and an opportunity to be heard prior to the imposition of fines under this section.

     (b)  No fine shall be imposed under this section unless a witness to the alleged fireworks violation has submitted a signed written statement to:

     (1)  The appropriate county police department;

     (2)  The private entity; and

     (3)  The property manager of the private entity, where applicable;

describing and attesting to the circumstances of the alleged fireworks violation.

     (c)  Any fine imposed under this section shall constitute a lien against the property assessed, which lien shall remain until satisfied or discharged.

     (d)  For the purposes of this section:

     "Fireworks violation" means any act prohibited under sections 132D-5(a)(2), 132D-5(a)(3), or 132D-14(a)(2).

     "Private entity" means any association of homeowners, community association, condominium association, cooperative, or any other non-governmental entity consisting of single-family residential dwellings and with covenants, bylaws, and administrative provisions requiring the homeowner's compliance."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

          BY REQUEST


 


 

Report Title:

Fireworks; Enforcement; Common Interest Communities

 

Description:

Requires common interest communities consisting of single-family dwellings to adopt rules imposing fines for fireworks violations.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

feedback