The battle over fireworks has morphed over the years, comparable with the changing shape of the pandemic with each emerging variant.
The current dominant symptoms include the worry over aerial fireworks, illegal other than in controlled public displays, and now also the fact that the noisemaking has extended far beyond any reasonable holiday limits.
What sound like bombs have been exploding in neighborhoods statewide since Halloween, or even earlier. Generally these are homemade assemblies of powder from deconstructed stashes of firecrackers, blown up in a metal container.
That doesn’t make them any more tolerable for people sensitive to noises and smoke, or for those worried about traumatized pets or family members.
If anything, it ratchets up the sense of dread leading up to midnight Jan. 1 — and the realization that something must be done to rein in the scofflaws. That includes enlisting citizens to document cases for law enforcement.
More than 10 years have passed since Honolulu County enacted its current fireworks ordinance. It effectively bans the purchase and use of any consumer fireworks, except for firecrackers purchased and used with a permit issued by the Honolulu Fire Department. State law allows their New Year’s use between 9 p.m. on the eve and 1 a.m. Jan. 1.
A total of 20,279 permits were sold on Oahu this year, a 45% increase, so the celebration will be loud.
Public displays, such as one by the Waikiki Improvement Association on New Year’s Eve, are legal only with a Fire Department permit.
The Honolulu Police Department has indicated plans to beef up staffing for the enforcement of fireworks regulations. It’s certainly not the first year it’s made this pledge, and it is certainly important to have the force to follow through on prosecution.
But it is difficult under current laws for police to get the evidence needed to press charges. Among the most recent attempts: Gov. David Ige signed Act 248 in July 2019 to make probable cause easier to establish in fireworks cases.
The law authorizes the use of witness statements, as well as videos, photographs and drone footage. The admissibility of this evidence has not been tested in court yet.
Even so, it would be worthwhile for residents to track their neighbors’ infractions and report them, so that those clearly caught in the act could be charged with the class C felony. Gathering this information presents a real challenge, but neighbors wanting to restore the peace should be motivated to act.
Under the law, the homeowner, renter or other person responsible for the property where the violation occurs would be held liable for the offense.
In virtually every legislative session, proposals emerge for curbing illegal activities even further, generally to little effect.
But the 2019 Legislature did call on the Legislative Reference Bureau to review its 2011 recommendations on fireworks. The updated report, published two years ago, concluded that little came of those proposals.
One was to decriminalize fireworks offenses in favor of civil fines that are easier to enforce; another was to increase random cargo inspections to discover illicit imports. The Legislature should take the opportunity in January to revisit these recommendations.
It is no small matter to counter what has been a local tradition; nobody relishes calling police. Fireworks have had a place in island culture for decades, which is why some accommodation is made for it, even now.
But the thoughtless disruptions of neighborhoods for weeks on end are rooted in anything but culture. They are disrespectful and should be part of no holiday celebration.