The Honolulu City Council is considering increasing the penalties for fireworks violations on Oʻahu. According to city law, owning or using illegal aerial fireworks is currently a misdemeanor with a fine between $250 and $2,000, and up to a year in prison.
A new council bill would change the penalty from a misdemeanor to a Class C felony if the violation includes 25 or more pounds of aerial, pyrotechnic or display fireworks.
Fines would increase to up to $10,000, and the maximum prison sentence would be five years.
The measure follows the fatal New Year’s Eve fireworks explosion in the Salt Lake area that killed four and injured dozens.
“Clearly not just because of the tragedy of the event, but we've been hearing calls from the community for action by all policymakers, right, as well as law enforcement," said Councilmember Esther Kiaʻāina, who co-introduced the measure.
"So if you look at the bill, what it does is it closes a gap with regard to both fines and penalties. And that is specifically targeting aerial fireworks that are 25 pounds or more.”
Kiaʻāina said the council may face a challenge on its authority to change the penalties, but she said it's a good starting point to give the city more ways to manage illegal fireworks.
" I have been notified that the city’s corporation council has already raised some concerns, so when we have the hearing in February, because it needs to go to first reading first, I am open to hearing from them on, well, what will give us the authority?" she said.
"They may say the state needs to give you that authority to go further, right, to be able to increase the penalty to a Class C felony and to increase the fine. So I think that we feel comfortable in that this is an attempt to trigger that kind of dialogue.”