HomeMy WebLinkAboutA001 - Memo from Fire Inspector regarding amending Municipal Code to follow State RegulationsTo:Mayor & City Council
From:City Clerk's Office
Date:June 6, 2025
Subject:Amendments to Municipal Code Sections 17.6 (2) and 17.6 (9)
Item No. 34
MEMO
On May 23, 2025, that City Council received a request from the Ames Fire
Department to amend Municipal Code Sections 17.6 (2) and 17.6 (9) to align
with newly adopted state legislation that prohibits a City Council from
restricting or limiting the use of consumer fireworks, display fireworks, or
novelties products on certain dates. The City Council referred the request
to staff and amendments have been drafted for consideration in the
attached ordinance.
It should be noted that although the ordinance aligns with state law in allowing
fireworks use at designated times on a person's own property or property owned
by another person with their permission, it remains prohibited to use fireworks
at any time on City property, including parks, streets, sidewalks, trails, or
right--of-way.
Staff is requesting that the City Council suspend the rules to pass the
ordinance on second and third reading an adoption of ORDINANCE NO.
4558 on June 10. This will allow time for City staff to publicize the
expectations for permitted and prohibited fireworks use in advance of the
Fourth of July holiday.
Staff has prepared communication to be sent to rental property managers
to encourage them to ensure tenants are aware of whether fireworks use is
allowed or prohibited. It is important to note that for a multi-family property,
only a person in control of the property (such as the property owner or
landlord) will be able to request that the City enforce a prohibition on
fireworks use on the property. Generally, staff will not be able to take
enforcement action upon the request of other tenants.
ATTACHMENT(S):
J. Ziph - Fireworks Regulations.pdf
DRAFT Ordinance amending Fireworks Regulations.pdf
City Clerk's Office 515.239.5105 main
515.239.5142 fax
515 Clark Ave. P.O. Box 811
Ames, IA 50010
www.CityofAmes.org
1
Smart Choice
23 May 2025
To: Ames City Council
From: Ames Fire Department
Subject: REQUEST FOR CHANGE TO CITY CODE SECTIONS TO ALIGN WITH NEWLY ADOPTED STATE CODE.
Under previous State code, a Board of Supervisors or City Council may, by ordinance or resolution, prohibit or limit the
use of consumer fireworks, display fireworks, or novelties, as described in Code section 727.2.
The new State code prohibits a Board of Supervisors or City Council from restricting or limiting the use of consumer
fireworks, display fireworks, or novelties, as described in Code section 727.2, on July 3, July 4, or December 31 in
accordance with Code section 727.2(4). A person who violates Code section 727.2 would commit a simple
misdemeanor.
It is requested that the City Council direct that appropriate changes be drafted by the City Attorney to amend City Code
Sections 17.6 (2) and Sections 17.6 (9).
515.239.5109 main 1300 Burnett Ave.
515.232.9932 fax Ames, IA 50010
www.CityofAmes.org
2
ORDINANCE NO. _______
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY AMENDING SECTION
17.6 THEREOF, FOR THE PURPOSE OF CONFORMING
TO THE IOWA CODE, REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING A PENALTY; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is
hereby amended by amending Sections 17.6(2), 17.6(7) and 17.6(9) as follows:
“Sec. 17.6. FIREWORKS, USE AND SALES REGULATED.
***
(2) The use or exploding of consumer fireworks is prohibited., except for:
(a) on July 3 between the hours of 9:00 a.m. and 10:00 p.m. (or 9:00 a.m. and
11:00 p.m. if July 3 is a Saturday or Sunday),
(b) on July 4 between 9:00 a.m. and 11:00 p.m., and
(c) from 9:00 a.m. on December 31 to 12:30 a.m. on the immediately following
day.
A person shall not use consumer fireworks on real property other than that person’s
property or on the real property of a person who has consented to the use of consumer fireworks
on that property.
The use or exploding of consumer fireworks is prohibited at all times on City property,
including but not limited to City parks, streets, sidewalks, trails, rights-of-way and any other
property owned or leased by the City or under the exclusive control of the City.
***
(7) A violation of a provision of this subsection pertaining to the use or exploding of
fireworks shall be a simple misdemeanor punishable by a fine of not less than $250.
***
(9) Retail vendors of consumer fireworks shall post a sign in plain view of customers
informing customers that the use of fireworks within the Ames city limits is prohibited by city
ordinance, and that a violation is a simple misdemeanor punishable by a fine of not less than
$250. Retail vendors of consumer fireworks shall post a sign in plain view of customers
informing customers that the use or exploding of consumer fireworks within the Ames city limits
is only permitted on July 3 between the hours of 9:00 a.m. and 10:00 p.m. (or 9:00 a.m. and
11:00 p.m. if July 3 is a Saturday or Sunday), July 4 between 9:00 a.m. and 11:00 p.m., or from
9:00 a.m. on December 31 to 12:30 a.m. on the immediately following day; and that a violation
is a simple misdemeanor, punishable by a fine of not less than $250.00.
3
***”
Section Two. Violation of the provisions of this ordinance shall constitute a municipal
infraction punishable as set out by law.
Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby
repealed to the extent of such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage
and publication as required by law.
Passed this day of , 2025.
_______________________________ _______________________________
Jeramy Neefus, Recording Secretary John A. Haila, Mayor
First Reading:
Second Reading:
Third Reading:
Passed on:
I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and
foregoing is a true copy of Ordinance No. ________________, passed by the City Council of
said City at the meeting held on ______________________ and signed by the Mayor on
______________________, and published in the Ames Tribune on ______________________.
_______________________________
Renee Hall, City Clerk
4