HF 2148 (LSB 5620YH (3) 87)

HOUSE FILE 2148

BY  BRECKENRIDGE

A BILL FOR

An Act permitting cities to charge certain fireworks violations as municipal infractions, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 364.22, subsection 3, Code 2018, is amended to read as follows:
   3.  a.  A city shall not provide that a violation of an ordinance is a municipal infraction if the violation is a felony, an aggravated misdemeanor, or a serious misdemeanor under state law or if the violation is a simple misdemeanor under chapters 687 through 747, except as provided in paragraph “b”.
   b.  Notwithstanding section 727.2, subsection 2, paragraph “b”, subparagraph (1), and subsection 3, paragraph “c”, subparagraph (1), a city that by ordinance or resolution prohibits or limits the use of consumer fireworks, display fireworks, or novelties pursuant to section 364.2, subsection 6, may provide that a violation of such ordinance or resolution is a municipal infraction.
    Sec. 2.  Section 727.2, subsection 2, paragraph b, subparagraph (1), Code 2018, is amended to read as follows:
   (1)  A person who uses or explodes display fireworks while the use of such devices is prohibited or limited by an ordinance or resolution adopted by the county or city in which the firework is used commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars, unless a city classifies a violation of an ordinance or resolution prohibiting the use of display fireworks as a municipal infraction pursuant to section 364.22, subsection 3, paragraph “b”, whereby such person commits a municipal infraction in accordance with section 364.22.
    Sec. 3.  Section 727.2, subsection 3, paragraph c, subparagraph (1), Code 2018, is amended to read as follows:
   (1)  A person who uses or explodes consumer fireworks or novelties while the use of such devices is prohibited or limited by an ordinance adopted by the county or city in which the fireworks are used commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars, unless a city classifies a violation of an ordinance or resolution prohibiting the use of consumer fireworks or novelties as a municipal infraction pursuant to section 364.22, subsection 3, paragraph “b”, whereby such person commits a municipal infraction in accordance with section 364.22.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law authorizes cities to prohibit or limit the use of consumer fireworks, display fireworks, or novelties by ordinance or resolution. A person who violates such ordinance or resolution commits a simple misdemeanor, punishable by a fine of at least $250.
   This bill permits cities to classify a violation of an ordinance or resolution prohibiting or limiting the use of consumer fireworks, display fireworks, or novelties as a municipal infraction. The bill provides that a person who uses such fireworks while the use of such devices is prohibited or limited by a local ordinance commits a simple misdemeanor, unless a city classifies a violation of such ordinance or resolution as a municipal infraction, whereby the person commits a municipal infraction in accordance with Code section 364.22. A municipal infraction is a civil offense punishable by a civil penalty of not more than $750 for each violation or, if the infraction is a repeat offense, a civil penalty of not more than $1,000 for each repeat offense.