House File 2220 - Introduced HOUSE FILE 2220 BY MASCHER A BILL FOR An Act modifying provisions relating to the sale of certain 1 fireworks, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5676YH (2) 87 gh/rn

H.F. 2220 Section 1. Section 100.19, subsection 4, paragraph c, Code 1 2018, is amended to read as follows: 2 c. Permit a retailer or community group issued a license 3 pursuant to this section to sell consumer fireworks, as 4 described in APA 87-1, chapter 3, at the following locations 5 as specified: 6 (1) At a permanent building that meets the requirements of 7 paragraph “a” , between June 1 and July 8 and between December 10 8 and January 3 each year, all dates inclusive. 9 (2) At a temporary structure that meets the requirements of 10 paragraph “a” between June 13 and July 8 each year, both dates 11 inclusive between June 27 and July 4 and between December 24 12 and December 31, all dates inclusive . 13 Sec. 2. Section 331.301, subsection 17, Code 2018, is 14 amended to read as follows: 15 17. The board of supervisors may by ordinance or resolution 16 prohibit or limit the use or sale of consumer fireworks or 17 display fireworks, as described in section 727.2 , if the board 18 determines that the use of such devices would constitute a 19 threat to public safety or private property, or if the board 20 determines that the use of such devices would constitute a 21 nuisance to neighboring landowners. The board of supervisors 22 may adopt and enforce a zoning regulation or other ordinance to 23 prohibit or limit the sale of such fireworks within any county 24 zoning area or district regulated in accordance with chapter 25 335. 26 Sec. 3. Section 364.2, subsection 6, Code 2018, is amended 27 to read as follows: 28 6. A city council may by ordinance or resolution prohibit or 29 limit the use or sale of consumer fireworks, display fireworks, 30 or novelties, as described in section 727.2 . The city council 31 may adopt and enforce a zoning regulation or other ordinance to 32 prohibit or limit the sale of such fireworks within any city 33 zoning area or district regulated in accordance with chapter 34 414. 35 -1- LSB 5676YH (2) 87 gh/rn 1/ 2

H.F. 2220 Sec. 4. Section 727.2, subsection 3, paragraph c, 1 subparagraph (1), Code 2018, is amended to read as follows: 2 (1) A person who uses , or explodes , or sells consumer 3 fireworks or novelties while the use or sale of such devices 4 is prohibited or limited by an ordinance adopted by the county 5 or city in which the fireworks are used commits a simple 6 misdemeanor, punishable by a fine of not less than two hundred 7 fifty dollars. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill modifies provisions relating to the sale of 12 certain fireworks. 13 Current law establishes specific dates during the year that 14 a retailer or community group may sell consumer fireworks, 15 depending on whether the sale is at a permanent building or 16 temporary structure. The bill limits the sale of consumer 17 fireworks, regardless of whether the sale is at a permanent 18 building or temporary structure, to between June 27 and July 4 19 and between December 24 and December 31, all dates inclusive. 20 A person who sells consumer fireworks outside of these dates 21 is guilty of a simple misdemeanor. A simple misdemeanor is 22 punishable by confinement for no more than 30 days or a fine of 23 at least $65 but not more than $625 or by both. 24 Current law allows a county or city to prohibit or limit 25 the use of certain fireworks by ordinance or resolution. The 26 bill provides that a county or city may also prohibit or limit 27 the sale of such fireworks, and may adopt and enforce a zoning 28 regulation or other ordinance to prohibit or limit the sale of 29 such fireworks within any zoning area or district regulated in 30 accordance with Code chapter 335 or 414. A person who violates 31 an ordinance or resolution adopted pursuant to the bill commits 32 a simple misdemeanor, punishable by a fine of at least $250. 33 -2- LSB 5676YH (2) 87 gh/rn 2/ 2