Council debates fireworks ban

If the discussion surrounding fireworks use within city limits was as incendiary as the comments posted online regarding the subject, everyone in attendance during Monday night’s city council meeting would have been issued a noise complaint and possibly a $250 fine.

In reality, the hot-button issue of fireworks was debated rather civilly inside the council chambers. After a swift reading of the consent agenda, the Newton City Council dove head first into the first consideration of an ordinance amending the city fireworks code.

The Newton Police and Fire Departments recommended the council issue a ban on the use of fireworks within the city limits “in order to enhance the health and safety of residents, reduce incidents of property damage and to mitigate noise issues.”

Legislation signed by former Iowa Gov. Terry Branstad in 2017 allowed the use, possession and sale of consumer-grade fireworks. At that time, an ordinance was drafted to accommodate the new legislation and establish rules relating to the sales and usage of fireworks.

The Newton ordinance in its current state allows fireworks to be set off from 9 a.m. to 11 p.m. July 4 for Independence Day and from 9 p.m. Dec. 31 to 12:30 a.m. Jan. 1 for New Year’s Eve celebrations. Citizens who decide to light off firecrackers, bottle rockets and the like outside of that time frame can be issued a $250 penalty fee from the Newton Police Department.

Citizen input

Jeff Farver was the only Newton citizen to appear before the council and share his thoughts regarding the possible ban. In favor of leaving the ordinance as is, Farver mentioned he had attended past meetings regarding fireworks and recalled when police chief Rob Burdess “wanted some teeth put into the law” in order to properly enforce individuals who operate fireworks outside the required time interval.

“We did that, didn’t we?” Farver asked the council.

In July, the Newton Daily News was provided data by the Newton Police Department which confirmed officers had issued about seven fireworks-related citations in 2018, up from zero the year before. To properly issue a fireworks-related misdemeanor citation, a police or a resident must be willing to testify in court to physically witnessing another person shooting off fireworks.

Assessed as nuisance-type violations, illegal fireworks use in Newton can be indirectly enforced thanks to the city council previously approving a social host ordinance section that allows police officers to hold a responsible party accountable for the activity. Typically, a homeowner would be held accountable.

In addition to an increase in enforcement, the number of fireworks calls from June 1 to July 9 decreased from 189 in 2017 to 142 in 2018. Calls on the Fourth of July dropped from 43 to 19 within a year’s time.

“So the numbers go down, you have less problems — but now we’re banning them,” Farver said. “I just need help understanding why. Sure, it’s a noise ordinance. I understand that, but you know what, I don’t buy a lot of fireworks. I shoot a few but not very many. I sit and listened to them last year and I enjoyed it … It wasn’t all that bad. We do it one day. I don’t understand.”

Farver asked for more information about why the council and city staff believe fireworks need to be banned. He argued the number of complaints and calls would increase if a ban within city limits was issued in Newton.

“If it’s the chief of police and the fire chief that are telling you that’s what we should do … I think you all are elected by more than two people,” he said.

Public safety concerns

Fire Chief Jarrod Wellik recounted a presentation he conducted during a city council workshop meeting one week ago regarding the effects of fireworks on communities. He claimed the larger legalized, consumer-grade firework shells can have an impact range of 200 feet away from a residence. If someone were to light fireworks from their backyard, the impact is much more than a noise complaint.

Furthermore, Wellik suggested there is no way to control what happens to a firework after it had been lit and set off. Smaller shells only a couple inches in length still have a sizable impact range of 150 to 70 feet, he asserted, and the effects of fireworks go beyond the backyard of someone’s home. Wellik said the ban of fireworks within city limits is comparable to hunting laws.

“Hunting is something that people could do within the community if they’re safe, if they’re careful with their guns, if they’re not in areas that are populated,” Wellik said. “But that’s the reason why hunting is taken out of communities because it is very difficult to be safe.”

In the close quarters of the city, Wellik believes a ban is the best option “because there is no control for the fireworks that we shoot out.”

All of the Des Moines area communities, the fire chief contested, have banned fireworks. Indianola, a town Newton is often compared to, is allowed three days out of the year to shoot fireworks. Last year, Wellik said, the town of more than 15,000 people suffered one critical injury. A citizen had leaned over a mortar tube and was struck in the head.

Likewise, Wellik said a person in Marion suffered a brain injury after lighting fireworks from the top of their head; a Cedar Rapids teenager lost several fingers from a firecracker and reported five structure fires; two serious injuries in Council Bluffs resulted in burns and loss of fingers.

Council discussion

After both Farver and Wellik presented their very different viewpoints, every council member shared their own stance regarding fireworks usage in city limits. Councilwoman Evelyn George has heard from a number of citizens, a majority of whom she said were in favor of a ban, concerned about personal property damage and the constant noise.

Fellow councilwoman Lin Chapé also heard similar accounts, which she said were discussed five months ago before the Fourth of July.

“The same complaints I heard then, I heard recently,” she said. “Animals, seniors, our vets with PTSD and the fact that cars going by throwing fireworks out the windows — and that happened on the very street that I live on — is what convinced me that novelty is fine, but I’m also up for a ban for the safety of our community.”

Councilman Dean Stonner prefaced he usually finds himself on the libertarian side of personal rights issues, which would suggest people should be allowed to do as they wish so long as it does not infringe someone else’s rights. But when it comes to the usage of consumer-grade fireworks, Stonner said it seems the people who are choosing to set off the pyrotechnics are exercising a choice.

“Those who don’t wish to participate in this are nevertheless subject to the effects of those who do,” Stonner said. “Many of those who commented complained of the noise affecting both humans and pets; of acrid fumes from fireworks, particular those who were afflicted by some breathing issues; property being littered with the spent remains of fireworks; setting off of fireworks at times outside of the legal time; and of some property damage as the result of some wayward fireworks.”

Opting to become the contrarian of the evening, councilman Mark Hallam said he agreed with the safety concerns but spoke on behalf of the people of Newton who believe that fireworks should remain legal inside city limits. Although he admitted that he, too, had set off a few bottle rockets in his lifetime, Hallam said he would not touch any fireworks today.

People, he said, are very passionate about this particular issue and “either love personal consumer fireworks or they hate them.” Since fireworks are available to purchase throughout the state of Iowa, Hallam submitted that it is better to give those who love personal fireworks the opportunity to enjoy them legally.

Agreeing with Hallam, councilman Craig Trotter said he does not believe in and will not vote for the ban on fireworks though he said he is in favor of not allowing larger grade fireworks to be used within city limits.

“But I cannot vote for the ban,” Trotter said. “There are too many people that want it.”

Mullan closed the council discussion in favor of the ban, acknowledging the effects of fireworks use within close quarters.

“I believe that (the) actions of an individual must benefit a whole community,” Mullan said. “To enjoy freedom, we need to, first of all, control ourselves. That’s why we have rules and regulations that we all can agree with. Having fun at someone else’s expense is never right. I think reasonable people believe that freedom means more than just being free to do whatever whenever I want.”

Farver addressed the council one last time before action was taken.

“I’m telling you right now if you ban them I’ll abide by the ban because I’m not willing to pay your fines,” he said. “I understand people if don’t like it … Rather than just totally say they can’t do it, there’s an awful lot of people that are going to still do it and you’re going to have the idiots that are doing it … it doesn’t matter — you’re not going to stop it.”

Hallam proposed two amendments to the ordinance. One was to allow fireworks on July 3 for five hours —a drop from 29.5 per year — which would not conflict with community celebrations. The other was the same proposition but instead on July 4. Both proposals failed to receive enough support from the council. Trotter proposed to prohibit the use of fireworks shells larger than one inch in diameter, which also failed to pass.

The Newton City Council voted 4-2 to approve the first consideration of the ordinance. George, Stonner, Chapé and Mullan voted yes. Hallam and Trotter voted no.

Contact Christopher Braunschweig at 641-792-3121 ext. 6560 or cbraunschweig@newtondailynews.com