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House File 635 - IntroducedA Bill ForAn Act 1permitting counties and cities to classify certain
2fireworks violations as county infractions or municipal
3infractions, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.307, subsection 3, Code 2019, is
2amended to read as follows:
33. a. A county shall not provide that a violation of an
4ordinance is a county infraction if the violation is a felony,
5an aggravated misdemeanor, or a serious misdemeanor under state
6law or if the violation is a simple misdemeanor under chapters
7687 through 747, except as provided in paragraph “b”.
8b. Notwithstanding section 727.2, subsection 2, paragraph
9“b”, subparagraph (1), and subsection 3, paragraph “c”,
10subparagraph (1), a county that by ordinance or resolution
11prohibits or limits the use of consumer fireworks or display
12fireworks pursuant to section 331.301, subsection 17, may
13provide that a violation of such ordinance or resolution is a
14county infraction.
15 Sec. 2. Section 364.22, subsection 3, Code 2019, is amended
16to read as follows:
173. a. A city shall not provide that a violation of an
18ordinance is a municipal infraction if the violation is a
19felony, an aggravated misdemeanor, or a serious misdemeanor
20under state law or if the violation is a simple misdemeanor
21under chapters 687 through 747, except as provided in paragraph
22“b”.
23b. Notwithstanding section 727.2, subsection 2, paragraph
24“b”, subparagraph (1), and subsection 3, paragraph “c”,
25subparagraph (1), a city that by ordinance or resolution
26prohibits or limits the use of consumer fireworks, display
27fireworks, or novelties pursuant to section 364.2, subsection
286, may provide that a violation of such ordinance or resolution
29is a municipal infraction.
30 Sec. 3. Section 727.2, subsection 2, paragraph b,
31subparagraph (1), Code 2019, is amended to read as follows:
32(1) A person who uses or explodes display fireworks
33while the use of such devices is prohibited or limited by an
34ordinance or resolution adopted by the county or city in which
35the firework is used commits a simple misdemeanor, punishable
-1-1by a fine of not less than two hundred fifty dollars, unless
2a county or city classifies a violation of an ordinance or
3resolution prohibiting or limiting the use of display fireworks
4as a county infraction pursuant to section 331.307, subsection
53, paragraph “b”, or a municipal infraction pursuant to section
6364.22, subsection 3, paragraph “b”, whereby such person
7commits a county infraction in accordance with section 331.307
8or a municipal infraction in accordance with section 364.22.
9 Sec. 4. Section 727.2, subsection 3, paragraph c,
10subparagraph (1), Code 2019, is amended to read as follows:
11(1) A person who uses or explodes consumer fireworks or
12novelties while the use of such devices is prohibited or
13limited by an ordinance adopted by the county or city in
14which the fireworks are used commits a simple misdemeanor,
15punishable by a fine of not less than two hundred fifty
16dollars, unless a county or city classifies a violation of
17an ordinance or resolution prohibiting or limiting the use
18of consumer fireworks or novelties as a county infraction
19pursuant to section 331.307, subsection 3, paragraph “b”, or a
20municipal infraction pursuant to section 364.22, subsection 3,
21paragraph “b”, whereby such person commits a county infraction
22in accordance with section 331.307 or a municipal infraction in
23accordance with section 364.22.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27Current law authorizes cities to prohibit or limit the use
28of consumer fireworks, display fireworks, or novelties by
29ordinance or resolution. Current law also authorizes counties
30to prohibit or limit the use of consumer fireworks or display
31fireworks by ordinance or resolution. A person who violates
32any such ordinance or resolution commits a simple misdemeanor,
33punishable by a fine of at least $250.
34This bill permits cities and counties to classify violations
35of local fireworks ordinances as municipal infractions or
-2-1county infractions, as applicable. The bill provides that a
2person who uses such fireworks while the use of such devices
3is prohibited or limited by a local ordinance commits a simple
4misdemeanor, unless a city or county classifies a violation
5of such ordinance or resolution as a municipal infraction or
6county infraction, whereby the person commits a municipal
7infraction in accordance with Code section 364.22, or a
8county infraction in accordance with Code section 331.307. A
9municipal infraction or county infraction is a civil offense
10punishable by a civil penalty of not more than $750 for each
11violation or, if the infraction is a repeat offense, a civil
12penalty of not more than $1,000 for each repeat offense.
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2fireworks violations as county infractions or municipal
3infractions, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.307, subsection 3, Code 2019, is
2amended to read as follows:
33. a. A county shall not provide that a violation of an
4ordinance is a county infraction if the violation is a felony,
5an aggravated misdemeanor, or a serious misdemeanor under state
6law or if the violation is a simple misdemeanor under chapters
7687 through 747, except as provided in paragraph “b”.
8b. Notwithstanding section 727.2, subsection 2, paragraph
9“b”, subparagraph (1), and subsection 3, paragraph “c”,
10subparagraph (1), a county that by ordinance or resolution
11prohibits or limits the use of consumer fireworks or display
12fireworks pursuant to section 331.301, subsection 17, may
13provide that a violation of such ordinance or resolution is a
14county infraction.
15 Sec. 2. Section 364.22, subsection 3, Code 2019, is amended
16to read as follows:
173. a. A city shall not provide that a violation of an
18ordinance is a municipal infraction if the violation is a
19felony, an aggravated misdemeanor, or a serious misdemeanor
20under state law or if the violation is a simple misdemeanor
21under chapters 687 through 747, except as provided in paragraph
22“b”.
23b. Notwithstanding section 727.2, subsection 2, paragraph
24“b”, subparagraph (1), and subsection 3, paragraph “c”,
25subparagraph (1), a city that by ordinance or resolution
26prohibits or limits the use of consumer fireworks, display
27fireworks, or novelties pursuant to section 364.2, subsection
286, may provide that a violation of such ordinance or resolution
29is a municipal infraction.
30 Sec. 3. Section 727.2, subsection 2, paragraph b,
31subparagraph (1), Code 2019, is amended to read as follows:
32(1) A person who uses or explodes display fireworks
33while the use of such devices is prohibited or limited by an
34ordinance or resolution adopted by the county or city in which
35the firework is used commits a simple misdemeanor, punishable
-1-1by a fine of not less than two hundred fifty dollars, unless
2a county or city classifies a violation of an ordinance or
3resolution prohibiting or limiting the use of display fireworks
4as a county infraction pursuant to section 331.307, subsection
53, paragraph “b”, or a municipal infraction pursuant to section
6364.22, subsection 3, paragraph “b”, whereby such person
7commits a county infraction in accordance with section 331.307
8or a municipal infraction in accordance with section 364.22.
9 Sec. 4. Section 727.2, subsection 3, paragraph c,
10subparagraph (1), Code 2019, is amended to read as follows:
11(1) A person who uses or explodes consumer fireworks or
12novelties while the use of such devices is prohibited or
13limited by an ordinance adopted by the county or city in
14which the fireworks are used commits a simple misdemeanor,
15punishable by a fine of not less than two hundred fifty
16dollars, unless a county or city classifies a violation of
17an ordinance or resolution prohibiting or limiting the use
18of consumer fireworks or novelties as a county infraction
19pursuant to section 331.307, subsection 3, paragraph “b”, or a
20municipal infraction pursuant to section 364.22, subsection 3,
21paragraph “b”, whereby such person commits a county infraction
22in accordance with section 331.307 or a municipal infraction in
23accordance with section 364.22.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27Current law authorizes cities to prohibit or limit the use
28of consumer fireworks, display fireworks, or novelties by
29ordinance or resolution. Current law also authorizes counties
30to prohibit or limit the use of consumer fireworks or display
31fireworks by ordinance or resolution. A person who violates
32any such ordinance or resolution commits a simple misdemeanor,
33punishable by a fine of at least $250.
34This bill permits cities and counties to classify violations
35of local fireworks ordinances as municipal infractions or
-2-1county infractions, as applicable. The bill provides that a
2person who uses such fireworks while the use of such devices
3is prohibited or limited by a local ordinance commits a simple
4misdemeanor, unless a city or county classifies a violation
5of such ordinance or resolution as a municipal infraction or
6county infraction, whereby the person commits a municipal
7infraction in accordance with Code section 364.22, or a
8county infraction in accordance with Code section 331.307. A
9municipal infraction or county infraction is a civil offense
10punishable by a civil penalty of not more than $750 for each
11violation or, if the infraction is a repeat offense, a civil
12penalty of not more than $1,000 for each repeat offense.
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