HomeMy WebLinkAboutA001 - Council Action Form dated May 23, 2017 t�
ITEM # 52
DATE:05-23-17
COUNCIL ACTION FORM
SUBJECT: FIREWORKS ORDINANCE REVISIONS
BACKGROUND:
The State of Iowa recently enacted SF 489, which is legislation that legalized the sale
and use of consumer fireworks in Iowa -- both of which can begin as early as June 1,
2017. Cities and counties are allowed to "opt out" of the state law regarding fireworks
use only, by passing an ordinance prohibiting use of consumer fireworks in their
jurisdictions. The City of Ames has had an ordinance, Sect. 17.6, prohibiting the use or
exploding of fireworks in Ames since 1987.
On Tuesday, May 16, 2017, the Ames City Council decided to keep City's prohibition on
the use/exploding of fireworks in Ames. However, the Council directed the Legal
Department staff to draft language making five changes or additions to the City's
fireworks ordinance. The proposed ordinance achieves all five of these directives.
The proposed ordinance:
1. Changes the definitions of fireworks to be consistent with the definitions of
fireworks in the new state law.
2. Amends the current ordinance to make clear that City permits for fireworks are
only allowed for use/exploding of display (professional) fireworks, not use of
consumer fireworks.
3. Removes the language allowing violations to be charged as municipal infractions,
and specifying that violations will be charged as simple misdemeanors and
subject to a $250 minimum fine, as specified in the new state law.
4. Establishes a distance requirement or setback from temporary sales stands and
existing buildings, for safety purposes.
The Ames Fire Department investigated such setback requirements in other
states where fireworks have been legal for a long time, and the Fire Chief
recommended a 25-foot setback from existing buildings.
5. Creates a requirement that consumer-fireworks vendors post a sign in plain sight
of customers that the use of consumer fireworks in Ames is prohibited by City
ordinance, and that violations are simple misdemeanors with a $250 minimum
fine.
It should be noted that after three readings, the ordinance, including the
requirements for fireworks vendors in paragraphs #4 and #5 above, would
become effective after the fireworks-selling season had begun. Staff anticipates an
informational sheet will be developed and handed to those applying for a
peddlers/solicitors/transient merchant permit for fireworks stands, informing the vendors
that the ordinance is under consideration by Council, and recommending that the
vendors voluntarily abide by the provisions in paragraphs #4 and #5, although they are
not yet in effect.
ALTERNATIVES:
1. The Council may adopt the ordinance making changes to the fireworks ordinance
in Ames Municipal Code Section 17.6, and which retains the prohibition on use of
consumer fireworks in Ames.
2. The Council may decline to adopt the ordinance making changes to the fireworks
ordinance, and retain the current Ames Municipal Code Section 17.6.
CITY ATTORNEY'S RECOMMENDED ACTION:
Based on the policy direction given to the Legal Department staff on May 16, 2017, it is
the recommendation of the City Attorney that the City Council approve Alternative #1
and adopt the ordinance making changes to the fireworks ordinance in Ames Municipal
Code Section 17.6, and which retains the prohibition on use of consumer fireworks in
Ames.
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