Fireworks: You can buy ’em in town, you just can’t light ’em

By BRANDON HURLEY
b.hurley@beeherald.com

Enthusiasts of fireworks and pyrotechnics won’t have to venture far to have an explosive celebration this summer.

From now through July 8 at 10 p.m., it is legal to set off fireworks outside of Greene County city limits as laid out by Iowa Senate File 489.

Passage last month of the new state law has set into motion a restructuring of public policy at the local level.

Gone are the days of a required permit for fireworks usage thanks to the legislation put in place May 9.

However, permits are still required to legally explode fireworks within most of the county’s cities, including Jefferson, Grand Junction and Rippey.

The law also legalizes the sale and purchase of consumer fireworks throughout the entire state.

As stated in SF 489, a person can only set off consumer fireworks each year from June 1 through July 8, and from Dec. 31 through Jan. 3.

The law sets aside specific time frames during the day in which a person can light off fireworks outside of city limits. Fireworks can only be set off between the hours of 9 a.m. and 10 p.m. June 1 to July 3 and July 5-8, and from 9 a.m. to 11 p.m. July 4 and the Saturdays and Sundays immediately prior to and following the holiday.

Fireworks can also be set off between the hours of 9 a.m. Dec. 31 and 12:30 a.m. the following day, and from 9 a.m. to 11 p.m. on the Saturdays and Sundays immediately prior and following Dec. 31.

A violation of the law is considered a simple misdemeanor with a potential fine of at least $65, but no more than $625.

A violation of the fireworks law in Jefferson may result in a fine of $250.

The three aforementioned Greene County cities each require residents or organizations to apply for a permit if they would like to legally participate in the colorful activity within city limits.

The local restraint is, in fact, allowed under the new law.

As stated in the law, “A city council may by ordinance or resolution prohibit or limit the use of consumer or display fireworks.”

Permits will allow local cities to monitor who is setting off fireworks and will tip off law enforcement if a dangerous situation does arise.

Each city already had an ordinance in place that restricted firework usage prior to the Senate bill.

Permit applications can be picked up at Jefferson City Hall and returned for city council approval.

The city council is approaching the inaugural year with some caution.

“We want to really see how this first year goes,” Jefferson City Administrator Mike Palmer said. “Since it is so new and everyone is kind of scrambling, we feel we have things enough in place for this year.

“Essentially, we are leaving what’s in place right now.”

The Grand Junction and Rippey city councils both discussed action on their fireworks ordinances at recent meetings as well.

Applications for permits to light off fireworks can be picked up and returned to the Grand Junction City Hall by Friday. All permits must be approved at Monday’s city council meeting.

Each Iowa county’s board of supervisors can restrict or allow use of fireworks.

Greene County supervisors decided to side with the new law, making use of fireworks legal outside of city limits.

“We really don’t have to go through that step (now),” board chairman John Muir said. “If someone does want to apply for a permit or let law enforcement know they are going to be setting off fireworks, just so they have a heads up where they are, they can do that. We are going with the state other than that.”

Local law enforcement is going to take a fairly hands-off approach this summer, as Senate File 489 restricts officers from intervening if safe fireworks activity is conducted outside city limits.

“Now that they don’t have to have a permit (outside of city limits), we aren’t really going to be doing much of anything,” Greene County Sheriff Jack Williams said. “Unless there’s a fire caused by the fireworks.

“There’s going to be a little bit of confusion until we get all the cities to decide what they are going to do.”

Time to open shop

Though use of fireworks remains illegal within city limits, it is now legal to either sell or purchase fireworks in town, albeit they must be sold in a commercial district with a consumer’s license.

Businesses can only sell fireworks at a permanent structure between June 1 and July 8, and from Dec. 31 through Jan. 3 each year.

Fireworks can be sold out of a temporary structure — such as a tent — between June 13 and July 8.

Palmer said the city of Jefferson has not yet received any inquiries for tent space in town but has received several inquiries about the legality of fireworks usage.

“A lot of it is common sense,” Palmer said. “We all know during the Fourth of July, people are going to set off some fireworks. Then from there, the police can get involved and issue a ticket. It’s never really been much of an issue and they have tried using common sense as well.”

Senate File 489 requires a $1,000 annual licensing fee for a retailer at a permanent building who devotes 50 percent or more floor space to the sale of fireworks, and a $500 annual fee to a retailer at a temporary structure who devotes 50 percent or more space to the sale of fireworks.

Firework sales become illegal once again on July 9.

Williams has a word of caution for those wishing to take part in the newly minted law this summer outside of city limits.

“Don’t hold on to (the fireworks) when setting them off,” he said. “Make sure there’s no grassy areas or structures that could easily catch fire.

“Make sure they are pointed in a safe direction and only use what the manufacturer suggests.”