House
File
2314
-
Reprinted
HOUSE
FILE
2314
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HF
2148)
(As
Amended
and
Passed
by
the
House
March
12,
2018
)
A
BILL
FOR
An
Act
permitting
counties
and
cities
to
charge
certain
1
fireworks
violations
as
county
infractions
or
municipal
2
infractions,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2314
Section
1.
Section
331.307,
subsection
3,
Code
2018,
is
1
amended
to
read
as
follows:
2
3.
a.
A
county
shall
not
provide
that
a
violation
of
an
3
ordinance
is
a
county
infraction
if
the
violation
is
a
felony,
4
an
aggravated
misdemeanor,
or
a
serious
misdemeanor
under
state
5
law
or
if
the
violation
is
a
simple
misdemeanor
under
chapters
6
687
through
747
,
except
as
provided
in
paragraph
“b”
.
7
b.
Notwithstanding
section
727.2,
subsection
2,
paragraph
8
“b”
,
subparagraph
(1),
and
subsection
3,
paragraph
“c”
,
9
subparagraph
(1),
a
county
that
by
ordinance
or
resolution
10
prohibits
or
limits
the
use
of
consumer
fireworks
or
display
11
fireworks
pursuant
to
section
331.301,
subsection
17,
may
12
provide
that
a
violation
of
such
ordinance
or
resolution
is
a
13
county
infraction.
14
Sec.
2.
Section
364.22,
subsection
3,
Code
2018,
is
amended
15
to
read
as
follows:
16
3.
a.
A
city
shall
not
provide
that
a
violation
of
an
17
ordinance
is
a
municipal
infraction
if
the
violation
is
a
18
felony,
an
aggravated
misdemeanor,
or
a
serious
misdemeanor
19
under
state
law
or
if
the
violation
is
a
simple
misdemeanor
20
under
chapters
687
through
747
,
except
as
provided
in
paragraph
21
“b”
.
22
b.
Notwithstanding
section
727.2,
subsection
2,
paragraph
23
“b”
,
subparagraph
(1),
and
subsection
3,
paragraph
“c”
,
24
subparagraph
(1),
a
city
that
by
ordinance
or
resolution
25
prohibits
or
limits
the
use
of
consumer
fireworks,
display
26
fireworks,
or
novelties
pursuant
to
section
364.2,
subsection
27
6,
may
provide
that
a
violation
of
such
ordinance
or
resolution
28
is
a
municipal
infraction.
29
Sec.
3.
Section
727.2,
subsection
2,
paragraph
b,
30
subparagraph
(1),
Code
2018,
is
amended
to
read
as
follows:
31
(1)
A
person
who
uses
or
explodes
display
fireworks
32
while
the
use
of
such
devices
is
prohibited
or
limited
by
an
33
ordinance
or
resolution
adopted
by
the
county
or
city
in
which
34
the
firework
is
used
commits
a
simple
misdemeanor,
punishable
35
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H.F.
2314
by
a
fine
of
not
less
than
two
hundred
fifty
dollars
,
unless
1
a
county
or
city
classifies
a
violation
of
an
ordinance
or
2
resolution
prohibiting
or
limiting
the
use
of
display
fireworks
3
as
a
county
infraction
pursuant
to
section
331.307,
subsection
4
3,
paragraph
“b”
,
or
a
municipal
infraction
pursuant
to
section
5
364.22,
subsection
3,
paragraph
“b”
,
whereby
such
person
6
commits
a
county
infraction
in
accordance
with
section
331.307
7
or
a
municipal
infraction
in
accordance
with
section
364.22
.
8
Sec.
4.
Section
727.2,
subsection
3,
paragraph
c,
9
subparagraph
(1),
Code
2018,
is
amended
to
read
as
follows:
10
(1)
A
person
who
uses
or
explodes
consumer
fireworks
or
11
novelties
while
the
use
of
such
devices
is
prohibited
or
12
limited
by
an
ordinance
adopted
by
the
county
or
city
in
13
which
the
fireworks
are
used
commits
a
simple
misdemeanor,
14
punishable
by
a
fine
of
not
less
than
two
hundred
fifty
15
dollars
,
unless
a
county
or
city
classifies
a
violation
of
16
an
ordinance
or
resolution
prohibiting
or
limiting
the
use
17
of
consumer
fireworks
or
novelties
as
a
county
infraction
18
pursuant
to
section
331.307,
subsection
3,
paragraph
“b”
,
or
a
19
municipal
infraction
pursuant
to
section
364.22,
subsection
3,
20
paragraph
“b”
,
whereby
such
person
commits
a
county
infraction
21
in
accordance
with
section
331.307
or
a
municipal
infraction
in
22
accordance
with
section
364.22
.
23
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