Ordinance lights fuse for firework use, sales within Glenwood city limits
The City of Glenwood has passed an ordinance allowing for the sale and use of fireworks within the city limits.
Following Gov. Terry Branstad’s signing into law Senate Bill 489 in May, which allowed for the sale and use of first and second-class consumer fireworks statewide for the first time since the 1930s, Glenwood and many other municipalities around the state have spent the last month educating themselves on the new law.
First class fireworks are defined as aerial shells, chasers, firecrackers, mine and shell devices, missile-type rockets, Roman candles and bottle rockets, among others. Second class fireworks are considered be less hazardous but classified as any cone fountains, ground and hand-held sparklers and spinners, illuminating torches and smoke devices.
At last Tuesday’s Glenwood City Council meeting, Glenwood City Attorney Matt Woods presented an ordinance establishing guidelines of when and where first and second-class fireworks can be sold and ignited within the city. The state legislation allowed for local governmental jurisdiction to restrict or limit the law how they saw fit.
Woods, who wrote the ordinance, admitted in an interview following the meeting the ordinance the city enacted is likely to change after this first “dry run” year, as he called it, as municipalities better understand the law in practice and purpose.
“This is a situation where the legislature in Des Moines passed this rather recently in May and cities have been scrambling to regulate the use and sales of fireworks,” he said. “I think it will result in further changes down the road either in amendments to this current ordinance or, possibly, some amendments to the state legislation.”
The Glenwood ordinance, which passed with a unanimous vote by the council, limits the use of first and second-class fireworks to July 1-3 from 9 a.m. to 10 p.m., July 4 from 9 a.m. to 11 p.m. and on July 5 from 9 a.m. to 10 p.m. Their use is also permitted Dec. 30 from 9 a.m. to 10 p.m., Dec. 31 from 9 a.m. to 10 p.m. and on Jan. 1 from 9 a.m. to 10 p.m. The discharge of fireworks must be a minimum of 50 feet from a structure and adult supervision is required for those igniting fireworks under age-18.
The law also calls for broad powers of the Glenwood Police and Fire Departments to refuse or end use of fireworks at any location or event they determine to be unsafe.
The Glenwood law also addresses the permitted sales of fireworks in city limits. Retail sellers must secure a valid fireworks sales license from the state fire marshal and show proof of general liability insurance to the city prior to commencing sales.
The ordinance allows for the sale of fireworks from permanent or temporary structures in areas zoned as “non-residential” and all locations are required to meet state fire marshal guidelines according to Iowa code. Sales from permanent structures will be allowed from June 1 to July 8 and Dec. 10 to Jan. 3. Temporary structure sales will be allowed to sell from June 13 to July 8. The hours of operation are confined to 8 a.m. to 8 p.m. The law also bars purchases of fireworks by anyone under age 18.
Woods said safety and the calendar of sales and use of fireworks were the biggest priorities with the city council as they worked through the state law and crafted the city’s ordinance.
“I don’t want to speak for the council but there was concern of these being fired off for a month and a half,” Woods said. Fireworks are typically loud and there’s a safety factor to be considered so limiting their use to various days is very reasonable and within the discretion provided by the legislature.”
Woods did go on to say it’s unclear if the legislation does provide for municipalities to put limit on the sites and selling times of fireworks but he thinks that issue will be addressed “sometime down the road” by the legislature.
“I do think it’s reasonable for the cities to be able to regulate in some fashion the duration of sales and sites where fireworks can be sold,” Woods said.
Glenwood City Clerk Angie Winquist said two permitted firework sales licenses have come across her desk in the last few weeks. The two permitted sales locations currently are Ka-Boomer’s Enterprises, which will be in a temporary structure at 1305 So. Locust St. and Wild Willy’s Fireworks, also in a temporary structure at 603 S. Locust St.
Winquist said she’s heard of a handful more local organizations that are in the process of applying or considering applying for fireworks sales licenses with the state to sell in Glenwood.
Iowa had prohibited the use of most fireworks in the state since 1938, following a massive fire in Spencer sparked by a firework. The Legislative Services Agency, a nonpartisan organization that provides technology solutions, advice and support to the Iowa legislature, estimates the state could collect more than $1.5 million in sales tax revenue from the sale of fireworks this year.