A resolution seeking county control over state fireworks regulations advanced through a City Council committee yesterday as councilmembers addressed public outcry over a perceived proliferation of fireworks.

The resolution, proposed by City Councilman Charles K. Djou, does not have the force of law but "urges the state Legislature to amend and strengthen the state Fireworks Control Law, by authorizing the counties to adopt laws more stringent than those imposed by the state."

The full council will consider final passage on Jan. 28.

Honolulu police, firefighters, and a coalition of community stakeholders plan to introduce a measure at the state Legislature this session imposing a total ban on all consumer fireworks.

Gov. Linda Lingle has supported county control over fireworks laws since her time on the Maui County Council and maintains the issue belongs to the cities.

"I've always thought it should be a county issue and not a state issue because some counties are different. They may be more rural than others, and I think it's a decision that should be left up to local people in their own community," Lingle said yesterday. "So I would support the state turning that decision over to the counties to make."

The push to ban fireworks comes after a holiday season when fireworks-related complaints to police and fire calls decreased.

In 2008, there were 24 probable fireworks-related blazes, including two minor brushfires, with the bulk of them coming on New Year's Eve, according to the Honolulu Fire Department. That's down from 57 fireworks-related fires, including four brushfires in 2007 and 61 fireworks-related blazes in 2006.

Police also saw fewer fireworks-related complaints at the end of 2008 although officers did break up a major illegal fireworks import business.

From Dec. 26 to Jan. 2, Honolulu police said they responded to 1,361 fireworks-related calls. That was down from the 1,566 fireworks-related calls during the same period the previous year, although police attribute the decrease to public frustration.

In addition, on Dec. 29 police arrested two people for selling illegal aerial fireworks at an airport-area warehouse and confiscated 3,000 pounds of fireworks valued at about $60,000.

Despite the decreasing fires and complaints, officials maintain that illegal aerials were everywhere and that fireworks usage began shortly after Thanksgiving and has continued well into the new year.

For more than a decade, police, firefighters and state legislators have proposed legislation seeking to ban consumer fireworks and each year the measures fail.

"We're going to continue to support any effort to ban consumer fireworks. We've supported that consistently because of health and public safety concerns," said Honolulu fire Capt. Terry D. Seelig. "It's obvious to us that consumer fireworks are too much of a risk to continue on O'ahu."

The City Council asked the Legislature to allow the counties to adopt stricter regulation of fireworks in 1995, 1997, 1999, 2000, 2001 and 2005, but each time the efforts failed. State Rep. Roy Takumi, D-36th (Pearl City, Momilani, Pacific Palisades) has unsuccessfully pushed for legislation seeking a total ban on consumer fireworks on O'ahu "eight or nine times."

But he feels that this session, the momentum could be shifting.

Takumi said he will introduce a bill in the coming legislative session that would ban fireworks statewide.

"This year more than other years, I sense that there is a growing number of people in the community who feel that enough is enough. Why not set a position, and as people come forward, you try to amend and adapt and hopefully come up with legislation that represents all of the stakeholder positions," Takumis said. "If you ban it, normally law-abiding citizens won't engage in it."

The current council resolution was introduced after residents from 'Ewa Beach to Kane'ohe complained of elaborate illegal aerial fireworks, noise, dense smoke and streets littered with debris. Djou said county control over fireworks is needed because each county bears the cost of fireworks but has no control over regulation.

Honolulu pays for the police, firefighters, emergency medical personnel and street crew who clean up after the holiday revelry yet has no authority to regulate.

"Unless the state is willing to pick up the tab they should give over to the counties the right to regulate fireworks," Djou said. "This past New Year's Eve again showed the problems and dangers with fireworks in Honolulu. The police are not able to effectively enforce existing fireworks legislation and the already dangerous environment of late night New Year's Eve parties mixed with the smoke-generated fog of fireworks makes the city roads very dangerous. I am not convinced the benefit of fireworks outweigh the serious dangers and real cost to city taxpayers."

CALLS FOR TOTAL BAN

During the City Council's Executive Matters and Legal Affairs Committee meeting yesterday, Honolulu police reiterated the need for a total ban on consumer fireworks.

Police say attempting to enforce current laws taxes department resources and leaves officers "chasing calls" as they attempt to nab illegal fireworks users in the act of igniting their wares.

The 1,361 fireworks-related complaints "created a tremendous strain on our patrol officers," Maj. Michael K. S. Moses said.

"We continue to do the best with the resources we have," Moses said. "We plan to push for stricter legislation É a total ban."

Several councilmembers questioned whether banning fireworks would work.

Councilmember Nestor R. Garcia said enforcing the current laws is hard enough, and expressed concern that the department's resources could be squandered chasing "people in the night."

"We already have a law in place É and they still go out and do it anyway," Garcia said. "You enforce a total ban, and it just goes underground. That's the reality. The law is as good as its enforcement."

Questions about how to explain a ban to cultural practitioners who use fireworks during religious and cultural ceremonies were also raised.

"In the past, the Legislature has been confused. How do you regulate fireworks when you have cultural and religious practices involved?" councilmember Rod Tam said. "No one wants to listen at this time. Different religious practices of Asia, Buddhism, Taoism, they burn fireworks. There is misuse of fireworks and that is what we want to get down on."