Bill Text: HI SB610 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 610 (Prior Session Legislation)

Introduced

Bill Title: Fireworks; Prohibition

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB610 Detail]

Download: Hawaii-2010-SB610-Introduced.html

Report Title:

Fireworks; Prohibition

Description:

Bans all fireworks in counties with a population of more than 500,000 persons.

THE SENATE	S.B. NO.	610
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. The legislature finds that the personal use of fireworks in the State is a serious threat to our community's health, safety, and welfare.

While the legislature recognizes the popularity of fireworks in Hawaii and the cultural and historical significance to the people of the State, including New Year's, Chinese New Year's, and the Fourth of July celebrations, the legislature nevertheless finds that the costs of fireworks to society greatly outweigh any benefits derived from its continued legalization, at least in more densely populated areas.

The purpose of this Act is to ban all fireworks in counties with a population of more than five hundred thousand persons.

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 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

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

(A) Above the first floor of any building;

(B) In any vehicle;

(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 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.

(d) Notwithstanding any other law to the contrary, it shall be unlawful to sell, purchase, use, or possess any fireworks, aerial devices, consumer fireworks, articles pyrotechnic, or display fireworks in a county with a population of more than five hundred thousand persons.

Any person violating this subsection shall be guilty of a class C felony."

SECTION 3. New statutory material is underscored.

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