Hawaii lawmakers eye stiffer penalties for illegal fireworks

Hawaii lawmakers are considering ramping up fines for illegal fireworks and making it easier for law enforcement to adjudicate violations in an attempt to clamp down on the illegal activity.

The proposed legislation comes after one Kauai man died from injuries he sustained from fireworks on New Year’s Eve, and seven others, including minors, were injured in other accidents.

“We are trying to change the enforcement paradigm … so that we actually get more enforcement and compliance by the general population,” said state Rep. Aaron Johanson during a news conference on the bills.

House Bill 508 would double fines for illegal fireworks. In cases involving aerials, the maximum fine would increase to $4,000 from $2,000.

People setting off illegal fireworks could face additional fines under House Bill 1246, which would make violators subject to the state’s air and noise pollution laws. Those fines would have to be set by the state Department of Health based on individual cases.

Another measure, House Bill 1245, would make it easier to process fireworks violations. County police departments could issue tickets, similar to traffic violations, which could be paid online or challenged in court.

The bills have the support of Hawaii State Fire Council, Hawaiian Humane Society and numerous residents who have raised noise and safety concerns.

“Neighborhoods are impacted by noise and pollution, veterans are reminded of combat conditions, and animals are traumatized for weeks and sometimes months preceding these holiday celebrations,” wrote Manuel Neves, chairman of the Hawaii State Fire Council and chief of the Honolulu Fire Department, in testimony supporting increased fines.

Neves said fireworks injuries occur primarily in children.

Stephanie Kendrick, public-policy advocate for the Hawaiian Humane Society, said illegal fireworks put the safety of pets at risk, with animals fleeing their homes in fear.

“Neither people nor animals should have to take tranquilizers just to survive the impacts of illegal behavior by their neighbors,” she wrote in testimony.

While increased fines could help deter illegal fireworks, enforcement issues could remain. The Health Department said it would be difficult to fine people under the state’s air and noise pollution laws, particularly as the department deals with more limited resources amid the financial downturn. State health officials would have to determine the decibel levels and the volume of air pollutant emissions, which would be difficult to do, according to the department.

Officials with the Hawaii courts system also caution that it would cost about $40,000 just to create a new code in their information management system in order to expedite the citations.

All three bills have passed the House Consumer Protection and Commerce and Committee and face additional hearings in the House before they can move over to the Senate for consideration.

Johanson said the bills are in response to constituent complaints.

“People are fed up in the public, and our constituents are fed up,” he said.

Johanson said the proliferation of illegal fireworks seems to have gotten worse in recent years, with people setting off fireworks from Halloween to New Year’s Day. He noted that this New Year’s Eve, people were pulling over along the freeway just to watch all the illegal fireworks.