State law fireworks law to change Charles City ordinance

By Thomas Nelson, tnelson@charlescitypress.com

Governor Terry Branstad signed into a law a bill that would allow Iowa residents to be able to use fireworks around the Fourth of July and the end of the year.

The Charles City Council discussed what impact that might have on the community at its planning session Wednesday evening.

“First and foremost we want to see how our current ordinance reads in relation to the new law,” said Charles City Administrator Steven Diers.

The new law allows expanded use of consumer fireworks, Diers said. That includes firecrackers, Roman candles and bottle rockets.

While the new state law makes sales and use of consumer fireworks legal in the days leading up to Independence Day and New Year’s Day, it also gives local governments the ability to add further restrictions.

Diers wants to keep the safety of the community in mind, he said.

“They’ve given cities and counties the authority to restrict that usage,” Diers said. “That’s something we want to look at because our current ordinance essentially prohibits the sale and use of fireworks. It doesn’t prohibit the ownership.”

There is an ability to opt out, Charles City Fire Chief Eric Whipple said. He and Police Chief Hugh Anderson were both at the council session.

“The new law doesn’t have a huge impact on our ordinance,” said Charles City Assistant City Attorney Brad Sloter. “It’s against the law to sell fireworks without approval from a state fire marshall.”

Charles City Council Member Michael Hammond wanted to know if there was a way to allow fireworks to be used in any way.

“I’m grasping for straws,” Hammond said.

Other council members echoed Hammond’s words.

“I would be supportive of continuing what we have,” said Charles City Council Member Keith Starr.

Anderson said he is hearing from other police chiefs in Iowa who they are comfortable continuing local restrictions.

The new Iowa law restrict consumer fireworks users to age 18 years and up. It also increases the amount of liability coverage a city needs for a display event.

Currently Charles City has $1 million exposure for display events and the new law requires $2 million coverage, Diers said.

“As much as possible we try to be in line with what the state requires,” Diers said. “Sometimes we go above and beyond that, but not always.”