March 28, 2024

City Council tackles possible fireworks solutions

Failed ban may lead to a compromised ordinance

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Two months after the Newton City Council voted against a controversial ordinance to ban the use of fireworks within city limits, members reviewed possible compromises to address citizens’ concerns regarding the Fourth of July pastime during the city council meeting Monday night.

As proposed, the new ordinance would allow Newton residents to discharge consumer-grade fireworks within city limits from 8 to 11 p.m. on the same day as the city’s Independence Day fireworks celebration. The $250 fine for those who violate the ordinance would remain the same, although different options and processes were discussed by council and city staff.

The ordinance would also prohibit fireworks use on New Year’s Eve, which is currently allowed from 9 a.m. Dec. 31 to 12:30 a.m. Jan. 1 within city limits. Fireworks would also not be allowed in the event of a burn ban. Pending legal review from City Attorney Matthew Brick, the council proposed a limitation on shell sizes and the types of fireworks that discharge higher than 75 feet.

Newton Mayor Mike Hansen said a consultation from Brick would determine if the action violates the rights of fireworks retailers who were granted the opportunity to sell the pyrotechnics almost two years ago.

In 2017, legislation signed by former Iowa Gov. Terry Branstad allowed the use, possession and sale of consumer-grade fireworks.

The topic of fireworks uses is also sparking debates in the Iowa Legislature this session. The Des Moines Register’s Barbara Rodriguez reported a bill spearheaded by Iowa Sen. Jake Chapman, R-Adel, would lift any city- or county-instated fireworks ban on July 4. Newton City Council members recognized legislators’ efforts but doubted the bill will pass.

Hansen noted the bill contradicts the Home Rule Amendment to Iowa’s State Constitution. According to the Iowa League of Cities Home Rule, which recently celebrated its 50th anniversary, was passed by Iowans in 1968 and successfully constitutionalized stronger local government control.

Currently, the City of Newton allows its citizens to use fireworks between 9 a.m. and 11 p.m. on July 4. In December, city fire and law enforcement officials argued a fireworks ban was necessary “in order to enhance the health and safety of residents, reduce incidents of property damage and to mitigate noise issues.”

Following the completion of regularly scheduled agenda items and staff reports, Hansen informed his city council members the discussion surrounding the fireworks ordinance is their opportunity to direct city staff and the city administrator on what kind of ordinance they would like to see created for their consideration.

Council debates options

City council member Mark Hallam said he and fellow councilman Craig Trotter visited with local fireworks proponent Randy Ervin to examine potential fireworks ordinance solutions, something he had repeatedly told the Newton City Council he would do if the ban was not approved. During the initial readings of the fireworks ban, Ervin repeatedly voiced his opposition to council members, urging them to reconsider; originally, a majority of the Newton City Council supported the ban.

During the Dec. 17 city council meeting, in which the third consideration of the ordinance was to be read, council members Lin Chapé and Evelyn George changed their votes in hopes a compromise could be met. Together with Hallam and Trotter, council votes tallied 4-2 in opposition of the ban. The ordinance failed but was expected to be attended to at a later date.

The meeting with Ervin was to help create an ordinance that would “eliminate the loud, booming noises” and also “reduce the possibility of projectiles leaving someone’s personal property,” Hallam said. Many of the complaints he received from citizens stressed the all-day usage as one of the more significant problems, rather than firing them off an hour or so before midnight.

Hallam proposed an 8 to 11 p.m. time limit, which most council members were in agreement with. Trotter said talks with Ervin led to an alternative proposal of noon to 11 p.m., arguing there were some fireworks that could see use before nightfall. George felt 11 hours was too much, citing her decision to change her vote in December partly due to citizens who vied for a compromise of a few hours rather than a complete ban. Chapé was also firm on the proposed time limit, prohibiting New Year’s Eve use, size limitations and the $250 fine for fireworks violators.

Talks with Ervin led to the idea of an incremental fine for repeat fireworks offenders, possibly even doubling with each consecutive violation. Newton Police Chief Rob Burdess said, with the help of the city-issued social host ordinance, officers can cite and fine those accountable for illegal fireworks activity, while in another instance a judge can set a fine anywhere between $65 to $625.

Trying to gather evidence for or identify oversized fireworks shells, Burdess added, would be a challenge for local law enforcement.

“We’re splitting hairs when we start talking about enforcing a different type of fine for different types of fireworks,” Burdess said. “We’re almost going to have to send our officers to fireworks school to learn what all they are.”

He also questioned council’s idea to implement an accumulative fireworks fine, stating there were no repeat offenders out of the nine corresponding citations issued last year.

“They were cited once and done,” Burdess told the Newton City Council. “I don’t know that the escalated fine system is going as impactful as maybe what’s thought. It’s very challenging to catch somebody doing this anyway, and even a harder challenge to catch them doing it twice.”

Citizen participation

Normally, a discussion topic would not include a moment for citizen participation and input. Hansen said since the fireworks issue has “garnered quite a bit of debate and comment from the community,” he would allow audience members three minutes at the podium to share their thoughts on the matter.

Again, Ervin was in attendance to offer his suggestions and opinion regarding a proposed compromise to fireworks. As a fireworks user, he, too, thought a different time limit should be implemented and detailed in the amended ordinance. He acknowledged any proposed changes would be difficult, particularly if the council was legally able to enforce the use of 1-inch to 3-inch shells. Ervin also agreed with the council’s suggestion to prohibit fireworks use on New Year’s Eve.

“I guarantee you I probably winced worse than everybody sitting up here today when I heard those fireworks on Dec. 28, Dec. 29, Dec. 30 — people aren’t listening,” Ervin said. “That’s why I also believe that the fine on the days not allowed to shoot needs to be substantial. It can’t be a slap on the wrist. I fully believe that.”

Recognizing the changes will not make everybody happy, Ervin argued all he is asking is for a few hours “to have some fun” in his backyard “with small enough stuff that all of the fallout lands on” his own property. Trotter said he would like vendors to figure out a way to label their products and inform buyers which fireworks are able to be fired off within city limits and in the county. Ervin and Trotter accepted the city cannot force the retailers to do much.

Newton citizen Michael Rinehart also spoke to the city council, sharing his fireworks experience from last year. Rinehart claimed someone shot off eight aerial rockets just across the street from his home. Admitting “they’re beautiful,” the local questioned where the rockets eventually come down.

“Doesn’t do any good to call the (police) because they can’t get out there,” he said. “You heard (Burdess) tell you — 20 minutes to a half hour. Nothing you can do.”

Hansen reminded the city council and those in attendance that if citizens so choose, they have the power of petition to put the decision to ban fireworks on a ballot. This would allow Newton residents to cast their vote on the matter.

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