House File 2148 - Introduced HOUSE FILE 2148 BY BRECKENRIDGE A BILL FOR An Act permitting cities to charge certain fireworks violations 1 as municipal infractions, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5620YH (3) 87 gh/rn

H.F. 2148 Section 1. Section 364.22, subsection 3, Code 2018, is 1 amended to read as follows: 2 3. a. A city shall not provide that a violation of an 3 ordinance is a municipal infraction if the violation is a 4 felony, an aggravated misdemeanor, or a serious misdemeanor 5 under state law or if the violation is a simple misdemeanor 6 under chapters 687 through 747 , except as provided in paragraph 7 “b” . 8 b. Notwithstanding section 727.2, subsection 2, paragraph 9 “b” , subparagraph (1), and subsection 3, paragraph “c” , 10 subparagraph (1), a city that by ordinance or resolution 11 prohibits or limits the use of consumer fireworks, display 12 fireworks, or novelties pursuant to section 364.2, subsection 13 6, may provide that a violation of such ordinance or resolution 14 is a municipal infraction. 15 Sec. 2. Section 727.2, subsection 2, paragraph b, 16 subparagraph (1), Code 2018, is amended to read as follows: 17 (1) A person who uses or explodes display fireworks 18 while the use of such devices is prohibited or limited by an 19 ordinance or resolution adopted by the county or city in which 20 the firework is used commits a simple misdemeanor, punishable 21 by a fine of not less than two hundred fifty dollars , unless 22 a city classifies a violation of an ordinance or resolution 23 prohibiting the use of display fireworks as a municipal 24 infraction pursuant to section 364.22, subsection 3, paragraph 25 “b” , whereby such person commits a municipal infraction in 26 accordance with section 364.22 . 27 Sec. 3. Section 727.2, subsection 3, paragraph c, 28 subparagraph (1), Code 2018, is amended to read as follows: 29 (1) A person who uses or explodes consumer fireworks or 30 novelties while the use of such devices is prohibited or 31 limited by an ordinance adopted by the county or city in which 32 the fireworks are used commits a simple misdemeanor, punishable 33 by a fine of not less than two hundred fifty dollars , unless 34 a city classifies a violation of an ordinance or resolution 35 -1- LSB 5620YH (3) 87 gh/rn 1/ 2

H.F. 2148 prohibiting the use of consumer fireworks or novelties as a 1 municipal infraction pursuant to section 364.22, subsection 2 3, paragraph “b” , whereby such person commits a municipal 3 infraction in accordance with section 364.22 . 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 Current law authorizes cities to prohibit or limit the use 8 of consumer fireworks, display fireworks, or novelties by 9 ordinance or resolution. A person who violates such ordinance 10 or resolution commits a simple misdemeanor, punishable by a 11 fine of at least $250. 12 This bill permits cities to classify a violation of an 13 ordinance or resolution prohibiting or limiting the use of 14 consumer fireworks, display fireworks, or novelties as a 15 municipal infraction. The bill provides that a person who uses 16 such fireworks while the use of such devices is prohibited or 17 limited by a local ordinance commits a simple misdemeanor, 18 unless a city classifies a violation of such ordinance or 19 resolution as a municipal infraction, whereby the person 20 commits a municipal infraction in accordance with Code section 21 364.22. A municipal infraction is a civil offense punishable 22 by a civil penalty of not more than $750 for each violation or, 23 if the infraction is a repeat offense, a civil penalty of not 24 more than $1,000 for each repeat offense. 25 -2- LSB 5620YH (3) 87 gh/rn 2/ 2