Senate
File
303
-
Introduced
SENATE
FILE
303
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
SSB
1104)
A
BILL
FOR
An
Act
relating
to
county
and
city
regulation
of
consumer
1
fireworks.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2116SV
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S.F.
303
Section
1.
Section
331.301,
subsection
17,
Code
2025,
is
1
amended
to
read
as
follows:
2
17.
The
board
of
supervisors
may
by
ordinance
or
resolution
3
prohibit
or
limit
the
use
of
consumer
fireworks
or
display
4
fireworks,
as
described
in
section
727.2
,
on
any
day
other
than
5
July
3,
July
4,
and
December
31
in
accordance
with
section
6
727.2,
subsection
4,
if
the
board
determines
that
the
use
of
7
such
devices
would
constitute
a
threat
to
public
safety
or
8
private
property,
or
if
the
board
determines
that
the
use
9
of
such
devices
would
constitute
a
nuisance
to
neighboring
10
landowners.
11
Sec.
2.
Section
364.2,
subsection
6,
Code
2025,
is
amended
12
to
read
as
follows:
13
6.
A
city
council
may
by
ordinance
or
resolution
prohibit
14
or
limit
the
use
of
consumer
fireworks,
display
fireworks,
or
15
novelties,
as
described
in
section
727.2
,
on
any
day
other
than
16
July
3,
July
4,
and
December
31
in
accordance
with
section
17
727.2,
subsection
4
.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
consumer
fireworks.
22
Under
current
law,
Code
section
727.2
provides
that
a
person
23
shall
not
use
or
explode
consumer
fireworks
on
days
other
24
than
June
1
through
July
8
and
December
10
through
January
25
3
between
the
hours
of
9:00
a.m.
and
10:00
p.m.
with
the
26
following
exceptions:
on
July
4
and
the
Saturdays
and
Sundays
27
immediately
preceding
and
following
July
4,
between
the
hours
28
of
9:00
a.m.
and
11:00
p.m.;
on
December
31
between
the
hours
29
of
9:00
a.m.
and
12:30
a.m.
on
January
1;
and
between
the
30
hours
of
9:00
a.m.
and
11:00
p.m.
on
the
Saturdays
and
Sundays
31
immediately
preceding
and
following
December
31.
32
Under
current
law,
a
board
of
supervisors
or
city
council
33
may
by
ordinance
or
resolution
prohibit
or
limit
the
use
34
of
consumer
fireworks,
display
fireworks,
or
novelties,
as
35
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303
described
in
Code
section
727.2.
A
board
of
supervisors
must
1
first
determine
that
the
use
would
constitute
a
threat
to
2
public
safety
or
private
property
or
a
nuisance
to
neighboring
3
landowners.
No
such
determination
is
required
by
a
city
4
council.
5
The
bill
prohibits
a
board
of
supervisors
or
city
council
6
from
restricting
or
limiting
the
use
of
consumer
fireworks,
7
display
fireworks,
or
novelties,
as
described
in
Code
section
8
727.2,
on
July
3,
July
4,
or
December
31
in
accordance
with
9
Code
section
727.2(4).
10
A
person
who
violates
Code
section
727.2
commits
a
simple
11
misdemeanor.
12
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