Senate Study Bill 1104 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WEBSTER) 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 TLSB 2116XC (4) 91 ll/js
S.F. _____ 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 explanations 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 -1- LSB 2116XC (4) 91 ll/js 1/ 2
S.F. _____ 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 -2- LSB 2116XC (4) 91 ll/js 2/ 2