HB3083

Report Title:

Fireworks; Counties

Description:

Allows the counties to pass ordinances and adopt rules relating to fireworks that are more restrictive than applicable state laws. Bans the use of fireworks on July 4th.

HOUSE OF REPRESENTATIVES	H.B. NO.	3083
TWENTY-THIRD LEGISLATURE, 2006
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 non-aerial common fireworks. Non-aerial common 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) 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 5,000 individual non-aerial common fireworks commonly known as firecrackers shall be allowed under each permit."

SECTION 2. Section 132D-17, Hawaii Revised Statutes, is amended to read as follows:

"§132D-17 [Inconsistent county] County ordinances, rules. Notwithstanding any other law to the contrary, [no] a county [shall] may enact ordinances or adopt [any] rules regulating fireworks[, except as required in this chapter,] that [is inconsistent with or] are more restrictive than[,] the provisions of this chapter. [Any ordinances and rules regulating fireworks that were enacted or adopted by a county before March 31, 1995, except those provisions which are not inconsistent with, or more restrictive than those of this chapter, are declared void.]"

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 Statutory material to be repealed is bracketed and stricken.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:	_____________________________