State law supersedes Newton’s previous fireworks ordinance

In order to comply with Iowa law that now says cities and counties can no longer prohibit consumer-grade fireworks use on the Fourth of July, the day before or New Year’s Eve, the City of Newton this past week waived extra readings and adopted an ordinance amending its fireworks language.

Officials agreed to suspend the rules and waive the subsequent readings to avoid complications with police enforcement. Council members Randy Ervin and Joel Mills said while they try to avoid waiving subsequent readings, the council would have had to wait until after the Fourth of July to pass the ordinance.

“The state has already mandated this go into place (July 3-4),” Ervin said during the June 16 council meeting. “I think it’s unfair for our police officers to be put into a position of … we have a law or ordinance on the books that says you have to give them a ticket. Yet the state says you can’t give them a ticket.”

Ervin said he thinks it is the best way the city council can protect its officers. Mills hopes citizens will be respectful, and he added there are also safe ways to view fireworks during Independence Day festivities. Council member Stacy Simbro admitted he is an enjoyer of fireworks, but he noted they can be abused.

“In the past couple of years it just seems like it’s gotten crazy nuts,” Simbro said. “I love the stuff, but if people would just be respectful and understand that now we’ve got carte blanche and there’s nothing the city can do. There’s going to be people made. There’s going to be people upset. We just need retaliating.”

Simbro encouraged residents to respect their neighbors and be sympathetic for veterans and pets who might find the sounds of fireworks disturbing.

Prior to council action, the city’s fireworks code prevented the use of consumer fireworks at all times except 8-11 p.m. July 4. The new ordinance language now complies with Senate File 303, which allows fireworks 9 a.m.-11 p.m. July 3-4 and 9 a.m. Dec. 31 through 12:30 a.m. Jan. 1.

However, it is important to note that the city’s ordinance still prohibits the use of display fireworks within city limits, unless the city grants a permit to a user. Sky lanterns and open flame devices are not permitted within the city limits either, except if tethered by a retrievable rope and the person has control of the device.

Newton residents may be able to light off fireworks more often, but it is still unlawful for a person to discharge consumer fireworks if they are showing visible signs of intoxication or being under the influence of a drug or narcotic. Users must also discharge fireworks on property they own or have permission.

Novelty fireworks — sparklers, snakes or caps — can be discharged on a public place so long as all trash, wrappers and wires are properly disposed of. If the state fire marshal has issued a burn ban, then discharging of novelty or even consumer fireworks will be prohibited.