Note: For partial State pre-emption, see Chapter 132D, Hawai'i Revised Statutes.
An Article relating to the control, sale, giving away, possession, use, discharge and explosion of fireworks within the County and providing penalties for the violation thereof.
(Ord. No. 96, June 13, 1957; Sec. 23, C.O. 1971; Ord. No. 153, December 27, 1971; Sec. 22-3.1, R.C.O. 1976; Ord. No. 301, April 21, 1977; Sec. 22-3.1 , 1978 Cumulative Supplement; Ord. No. 640, November 2, 1993)
When used in this Article, the following words or phrases shall have the meaning given in this Section unless it shall be apparent from the context that another meaning is intended:
"Fireworks or pyrotechnic articles or devices"
means any combustible or explosive composition, or any substance or combination of substances, or any device prepared for the purpose of producing a visible or audible effect, or both, by combustion, explosion, deflagration or detonation.
(1) 
Fireworks or pyrotechnic articles or devices for sale to and subsequent use by the general public (household) users shall include the following:
(A) 
Firecrackers or similar devices designed to produce audible or visual effects, or both, if the effect is produced by a charge of not more than fifty (50) milligrams (.772 grains) of pyrotechnic content.
(B) 
Sparklers, dipped sticks, or similar devices that have a total pyrotechnic content not exceeding one hundred (100) grams each in weight.
(C) 
Other pyrotechnic devices, when tested and approved by the Fire Department, whose products of combustion, fire, sparks, explosions, and any attached parts or fragments, not including smoke, does not exceed the limits of the test area.
(2) 
Fireworks or pyrotechnic articles or devices prohibited for sale to and subsequent use by the general public (household) users shall be those:
(A) 
That exceed the limits of the test area.
(B) 
That contain pyrotechnic composition in excess of the defined limits.
(C) 
Devices that present an extreme hazard to life and property as determined by the Fire Chief.
(3) 
Devices excluded from this Article are:
(A) 
Trick matches, cigarette plugs, and similar devices when approved by the United States Bureau of Explosives.
(B) 
Toy paper caps containing twenty-five hundredths (0.25) of a grain or less of explosive substance.
(C) 
Auto or truck flares, railway flares, hand ship distress signals, smoke candles, smoke signals, and smoke pots.
"Test area"
means a ten (10) foot diameter circle with a height limit of eight (8) feet, where the device being tested is placed on the ground in the center of the circle and activated.
(Ord. No. 96, June 13, 1957; Sec. 23, C.O. 1971; Ord. No. 153, December 27, 1971; Sec. 22-3.1, R.C.O. 1976; Ord. No. 301, April 21, 1977; Sec. 22-3.1, 1978 Cumulative Supplement; Ord. No. 640, November 2, 1993)
It shall be unlawful for any person to possess, store, sell, keep or offer for sale, expose for sale, use, explode or cause to explode any fireworks within the County, except as follows:
(a) 
Sales by wholesalers for direct shipment out of the County or to retailers licensed as provided in this Article.
(b) 
Storage, sale, or offer for sale or for use in the County by a person having obtained a license therefor in accordance with Section 22-3.4.
(c) 
Use for a public display by a non-household commercial or institutional applicant having obtained a permit therefor in accordance with Section 22-3.5.
(d) 
Use for a bona fide religious or ceremonial occasion by a non-household commercial or institutional applicant having obtained a permit therefor in accordance with Section 22-3.6.
(e) 
Use by transportation agencies for signal, warning or illumination purposes in connection with their business.
(f) 
Sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports.
(g) 
Sale of shells, cartridges, gunpowder or explosives for use in legally permitted firearms.
(h) 
Use by defense organizations for defense purposes.
(i) 
Possession, storage, sale or use of explosives and combustibles in accordance with Chapter 132 and Chapter 396, H.R.S.
(j) 
Use for Certain Agricultural Purposes. Applicants desiring to use fireworks for agricultural purposes, such as for use in a system to ward off predatory birds from crops, shall apply in writing for a permit therefor to the Chief of Police, setting forth the type and quantity of fireworks to be used and the nature of the use. The Chief of Police, after being satisfied that the use will be for a legitimate agricultural purpose and that it will not be hazardous to property or to any person, shall issue a permit. He or she shall note thereon the expiration date thereof, which shall not be more than one (1) year from the date of its issuance. The permit shall not be transferable.
(k) 
Use and Construction of Filipino "Bamboo Cannon."
(1) 
The "bamboo cannon" is commonly used in the Philippine culture for auditory effect by combustion and is comprised of a green bamboo and using kerosene, with two (2) holes, one (1) at the front and the other at the top rear. The bamboo cannon shall be used in the County for celebrations only by non-household commercial or institutional applicants.
(2) 
Applicants desiring to use this device shall apply in writing for a permit to the Chief of Police. The permit shall state the name and age of the person who will fire it.
(3) 
No person below the age of eighteen (18) shall be issued a use permit.
(4) 
The bamboo cannon shall not be fired within a radius of fifty (50) feet from a home, building, or person, except for the permittee firing the cannon; no other person shall be within a radius of fifty (50) feet of the device.
(5) 
The following specifications shall be adhered to:
(A) 
The bamboo cannon shall not be longer than eight (8) feet.
(B) 
The diameter shall not exceed eight (8) inches.
(C) 
The bamboo cannon shall be bound by wire in four (4) areas.
(Ord. No. 96, June 13, 1957; Sec. 23, C.O. 1971; Ord. No. 153, December 27, 1971; Sec. 22-3.1, R.C.O. 1976; Ord. No. 301, April 21, 1977; Sec. 22-3.1, 1978 Cumulative Supplement; Ord. No. 640, November 2, 1993)
(a) 
License Required. It shall be unlawful for any person to possess or store for sale, at wholesale or retail, or offer for sale or for use in the County any fireworks, unless such person shall first secure a license therefor.
(b) 
Application for License. The license shall be issued by the Director of Finance of the County. Application for license shall be made on a form setting forth each address where it is proposed to establish or to conduct the storage or sale of fireworks, the name of the proprietor, or if a partnership, the name of the partnership and the names of all partners, or if a corporation, the name of the corporation, the names of all officers, and a letter of approval from the Fire Department denoting the location of storage and sales area relative to fire safety. A license shall be prominently displayed for public view at each sale location.
(c) 
Sale to Persons Presenting Permit. Except as otherwise provided in Section 22-3.3 or for the uses set forth therein, it shall be unlawful for any person to sell or offer for sale or for use in the County any fireworks. Where a permit is required for use of fireworks, it shall be unlawful for any person to sell or transfer fireworks therefor unless the permit is presented. The permit shall be signed by the seller or transferor at the time of sale or transfer of the fireworks; and the seller or transferor shall indicate thereon the amount and type of fireworks sold or transferred to the permittee. No person shall sell or deliver possession of fireworks to any permittee in an amount in excess of the amount specified in the permit, less the amounts shown on the permit to have previously been purchased or acquired pursuant thereto.
(d) 
Wholesaling Only to Dealers with License. It shall be unlawful to send or supply fireworks to a dealer who has not obtained a license as required by this Section. The term "dealer" shall include any person storing, selling or offering fireworks for sale.
(e) 
Fee and Term. The fee for such license shall be five dollars ($5.00) due and payable in advance on July 1st of each year or before commencement of any activity or business for which such license is required. The license shall expire on June 30th next following issuance. There shall be no proration of fees for any licenses issued after July 1st of any year.
(f) 
Non-transferable. Such license shall not be transferable.
(Ord. No. 96, June 13, 1957; Sec. 23, C.O. 1971; Ord. No. 153, December 27, 1971; Sec. 22-3.1, R.C.O. 1976; Ord. No. 301, April 21, 1977; Sec. 22-3.1, 1978 Cumulative Supplement; Ord. No. 640, November 2, 1993)
(a) 
Permit Required. All non-household commercial institutions desiring to discharge, fire or explode fireworks for a public display, including such use in parades, shall apply in writing for a permit therefor to the Chief of Police and to the Fire Chief at least five (5) working days before the proposed date of the display. The application shall state the name and address of the applicant; the name, age and address of the person who shall operate the display; the time, date and place of the display and the purpose or occasion for which the display is to be presented.
(b) 
Liability Coverage Required. No permit shall be issued under this Section unless the applicant shall present, at his or her option, either:
(1) 
A written certificate of an insurance carrier that it has issued to or for the benefit of the applicant a policy providing for the payment of damages in the amount of at least fifty thousand dollars ($50,000.00) for injury to, or death of, any one (1) person, and subject to this limitation for one (1) person, in the amount of at least one hundred thousand dollars ($100,000.00) for injury to, or death of, two (2) or more persons, and in the amount of at least fifty thousand dollars ($50,000.00) for damage to property, caused by reason of the authorized display and arising from any tortious acts of negligence of the permittee, his or her agents, employees or subcontractors and that the policy is in full force and effect at the date of the certificate and will so continue until at least ten (10) days after date of the public display, or
(2) 
The bond of a surety company duly authorized to transact business within the State, or a bond with at least two (2) individual sureties who together have assets in the State equal in value to at least twice the amount of the bond, or a deposit of cash, in the amount of at least one hundred thousand dollars ($100,000.00), conditioned for the payment of all damages which may be caused to any person or property by reason of the authorized display and arising out of any tortious acts of negligence of the permittee, his or her agents, employees or subcontractor. The security under this Section shall continue in full force and effect until at least ten (10) days after the date of the public display.
(3) 
The Chief of Police may require coverage in amounts larger than the minimum amounts set forth in Paragraphs (1) or (2) of this Subsection if he or she deems it necessary or desirable in consideration of such factors as the location and scale of the display, the type of fireworks to be used and the number of spectators expected.
(c) 
Fire Chief's Review. The Fire Chief shall also review the permit application for the purpose of establishing safe separation distances from structures, other combustibles, and spectator viewing areas; to determine the boundaries of a safe fallout zone; to ensure that life safety and fire prevention concerns are addressed; and that adequate fire protection measures are available for immediate use.
(d) 
Issuance of Permit. The Chief of Police and the Fire Chief, after being satisfied that the display will be handled by a competent operator and that the display will not be hazardous to property and that it will not endanger any person or persons, shall issue a permit for the public display. The permit shall authorize the holder to display fireworks only at the place and only during the time set forth therein, and to purchase or acquire and possess the specified fireworks between the date of the issuance of the permit and the time during which the display of the fireworks is authorized.
(e) 
"Competent operator" shall mean a person or persons with current certification and license to operate fireworks displays as recognized by the Chief of Police and the Fire Chief. This provision is applicable to those events where aerial-type displays are presented and where the pyrotechnic devices used exceed the limit for fireworks approved for use in the County.
(Ord. No. 96, June 13, 1957; Sec. 23, C.O. 1971; Ord. No. 153, December 27, 1971; Sec. 22-3.1, R.C.O. 1976; Ord. No. 301, April 21, 1977; Sec. 22-3.1, 1978 Cumulative Supplement; Ord. No. 640, November 2, 1993)
(a) 
Individual Use Prohibited. Use of fireworks for religious or ceremonial use by individuals for his or her personal use is prohibited.
(b) 
Permits for Certain Establishments. The proprietor or officers of any temple, cemetery, restaurant or other non-household commercial firm or institution desiring to discharge, fire or explode fireworks for bona fide religious or ceremonial occasions at the site of such establishment, or desiring to provide for the discharging, firing or exploding of fireworks by members of their congregation, clients, patrons or customers for bona fide religious or ceremonial occasions at the site of such establishment, shall apply in writing for a permit therefor to the Chief of Police. The application shall state the name and address of the applicant, establishment, the name or names of the proprietor or officers thereof, the name, age and address of the person who shall actually supervise the use of the fireworks, the types and quantity of fireworks to be used, and the type or types of occasions for which the fireworks are to be used. Application may be made for a supply of fireworks sufficient for a six (6) month period, and for use on more than one (1) occasion, either actual or reasonably anticipated, during that period.
(c) 
Ceremonial Occasion. The term "ceremonial occasion" shall include, but not be limited to, birthdays, anniversaries, weddings and housewarming celebrations. The term shall not include celebrations of a New Year or the Fourth of July.
(d) 
Issuance of Permit. The Chief of Police, after being satisfied that the fireworks will be used for bona fide religious or ceremonial occasions and that the use will not be hazardous to property and will not endanger any person or persons, shall issue a permit for that use. The Chief of Police shall note on the permit the expiration date thereof, which shall not be more than six (6) months from the date of its issuance. No fee shall be charged for the permit. The permit shall not be transferable.
(e) 
Violation. If fireworks are used contrary to, or not in conformity with, the terms of any permit issued under this Section the permittee, including the persons named as proprietor or officers of any applicant establishment, and the person designated in the application to supervise the use of the fireworks shall be subject to the penalty set forth in this Article.
(Ord. No. 96, June 13, 1957; Sec. 23, C.O. 1971; Ord. No. 153, December 27, 1971; Sec. 22-3.1, R.C.O. 1976; Ord. No. 301, April 21, 1977; Sec. 22-3.1, 1978 Cumulative Supplement; Ord. No. 640, November 2, 1993)
(a) 
Unlawful to Set Off Pyrotechnic Articles From or Into Motor Vehicles. It shall be unlawful for any person to throw, set off, fire or cause to be exploded any pyrotechnic articles from or into any motor vehicle.
(b) 
Unlawful to Set Off Pyrotechnic Articles in Vicinity of Hospitals. It shall be unlawful for any person to throw, set off, fire or cause to be exploded any pyrotechnic articles, in any place within one thousand (1,000) feet of any building occupied by patients at any hospital, convalescent home, home for the aged or animal hospital.
(c) 
Unlawful to Set Off Pyrotechnic Articles on Public Ways, in Parks, Public Beaches, Schools, or Places of Worship During Services; Exception. It shall be unlawful for any person to throw, set off, fire or cause to be exploded any pyrotechnic articles on or in any highway, alley, street or other public way, sidewalk, park, public beach, school, school yard, or within one thousand (1,000) feet of any building used for public worship while services are being held therein unless permission be obtained in accordance with Section 22-3.5 or 22-3.6.
(d) 
Unlawful to Remove Pyrotechnic Contents from Commercially Manufactured Pyrotechnic Articles and to Make Homemade Pyrotechnic Articles. It shall be unlawful for any person to remove or extract the pyrotechnic contents from any commercially manufactured pyrotechnic articles. It shall be unlawful for any adult to permit any minor to remove or extract the pyrotechnic contents from any commercially manufactured pyrotechnic article and to use the same in making homemade pyrotechnic articles.
(Ord. No. 96, June 13, 1957; Sec. 23, C.O. 1971; Ord. No. 153, December 27, 1971; Sec. 22-3.1, R.C.O. 1976; Ord. No. 301, April 21, 1977; Sec. 22-3.1, 1978 Cumulative Supplement; Ord. No. 640, November 2, 1993)
(a) 
It shall be unlawful for any person to offer for sale, sell or give any pyrotechnic articles to minors below the age of eighteen (18) years, and for any minor below this age to possess, purchase or fire any pyrotechnic articles.
(b) 
The parents, guardians and other persons having the custody and control of any minor under the age of eighteen (18) years, who knowingly permits a minor to possess, purchase or fire any pyrotechnic articles shall be deemed to be in violation of this Section and shall be subject to the penalty as provided in this Article.
(Ord. No. 96, June 13, 1957; Sec. 23, C.O. 1971; Ord. No. 153, December 27, 1971; Sec. 22-3.1, R.C.O. 1976; Ord. No. 301, April 21, 1977; Sec. 22-3.1, 1978 Cumulative Supplement; Ord. No. 640, November 2, 1993)
Except as permitted under Section 22-3.3, it shall be unlawful for any person to throw, set off, fire or cause to be exploded any pyrotechnic articles except on the following days:
(a) 
Fourth of July: 6:00 p.m. to 12:00 midnight.
(b) 
New Year's Eve: 6:00 p.m., December 31, to 1:00 a.m. January 1, New Year's Day.
(c) 
Chinese New Year's Eve: 6:00 p.m. to 1:00 a.m., Chinese New Year's Day.
(Ord. No. 96, June 13, 1957; Sec. 23, C.O. 1971; Ord. No. 153, December 27, 1971; Sec. 22-3.1, R.C.O. 1976; Ord. No. 301, April 21, 1977; Sec. 22-3.1, 1978 Cumulative Supplement; Ord. No. 640, November 2, 1993)
(a) 
New Year's Holiday. Sales may commence not earlier than 12:01 a.m., December 25th and shall cease at 9:00 p.m. on New Year's Eve, December 31st.
(b) 
Independence Day Holiday. Sales may commence not earlier than 12:01 a.m., June 28th and shall cease at 9:00 p.m., July 4th.
(c) 
Chinese New Year's. Sales may commence not earlier than 12:01 a.m., seven (7) days prior to the holiday, and sales shall cease at 9:00 p.m. on the eve before the holiday.
(Ord. No. 96, June 13, 1957; Sec. 23, C.O. 1971; Ord. No. 153, December 27, 1971; Sec. 22-3.1, R.C.O. 1976; Ord. No. 301, April 21, 1977; Sec. 22-3.1, 1978 Cumulative Supplement; Ord. No. 640, November 2, 1993)
(a) 
All police officers and duly authorized fire prevention inspectors shall enforce this Article and rules adopted pursuant to this Article.
(b) 
All duly authorized enforcement personnel may enter and inspect any site to ascertain compliance or noncompliance with this Article, any rule adopted pursuant to this Article, or any permit issued pursuant to this Article.
(Ord. No. 640, November 2, 1993)
(a) 
If any duly authorized enforcement personnel determines that there is reasonable suspicion to believe that a seller is not licensed pursuant to this Article or is selling fireworks not authorized by this Article, such enforcement personnel shall immediately take possession of the license or fireworks, or both, and issue a citation.
(b) 
The enforcement personnel shall provide all persons cited under this Article an administrative hearing date so that their case may be heard.
(c) 
All persons cited under this Article shall cease selling all pyrotechnic articles until their case can be heard through an administrative hearing.
(d) 
All persons cited under this Article with an approved and current business license shall have their license temporarily suspended until their case can be heard through an administrative hearing.
(e) 
Administrative license revocation is in addition to any other remedy or penalty provided in this Article, provided that no license revocation shall exceed five (5) years.
(f) 
The Fire Chief shall adopt rules necessary for the purposes of this Section.
(Ord. No. 640, November 2, 1993)
Any person violating any provision of this Article shall be guilty of a violation; except for persons convicted for illegally selling fireworks pursuant to Section 22-3.4, 22-3.8, or 22-3.10, shall be guilty of a petty misdemeanor and fined a minimum of two hundred and fifty dollars ($250.00). Additionally, the court shall revoke any existing license from persons convicted of illegally selling fireworks. No license shall be issued to any person whose license has been so revoked or any person who has been convicted of illegally selling fireworks until the expiration of five (5) years after such revocation or conviction.
(Ord. No. 153, December 27, 1971; Sec. 22-3.11, R.C.O. 1976; Ord. No. 301, April 21, 1977; Sec. 22-3.11, 1978 Cumulative Supplement; Ord. No. 640, November 2, 1993)