(Atlantic) Atlantic City Administrator John Lund says Every year, the question of fireworks dates, times, and regulations comes up. He says many in Atlantic love them, and there is a fair share that loathes them for a variety of reasons.
Lund discussed this topic at the City Council meeting on Wednesday. He says this year, two questions have been raised.
- Does the City have the authority to set size limits for fireworks within the City?
- Can the City set business hours for the sale of fireworks?
Lund says that, with the passage of recent laws that further limit the City’s Home Rule authority now in effect, and the fact that the City is bound by State Code, they need to extensively review the Iowa Code before considering any action.
Lund says, based on his assessment of the Iowa Code, any limitations or parameters on fireworks sales, including business hours and the size of fireworks, are strictly off the table, as they could be a backdoor to a ban, and the Legislature would disapprove.
Deputy Director of Services Mickey Shields says the Legislature intends to prevent local governments from placing restrictions specifically on fireworks vendors. While a city may have some leeway to regulate general business hours through zoning ordinances, such regulations must apply broadly and not single out specific types of businesses, such as those selling fireworks. Even then, Shields advises caution, given the current legal landscape surrounding fireworks sales and state law.
Regarding the size and type of fireworks, Shields notes that Iowa Code Section 727.2 outlines general restrictions on what qualifies as “consumer fireworks” and includes provisions for other categories. He adds that the State Fire Marshal has authority over what vendors can sell through the state’s permitting and licensing process.
An Atlantic resident appearing at Wednesday’s City Council meeting told the council that people were setting off fireworks near residences and failing to clean up the debris.
The council took no action; Lund’s report was provided for the council’s use as it saw fit.
