Iowa State Senator questions legality of Johnson County fireworks moratorium

IOWA CITY - The Johnson County Board of Supervisors' 90-day moratorium on fireworks sales is 'a blatant violation of Iowa Code,” says a state senator who shepherded the fireworks legislation through the Statehouse.

The supervisors last month voted unanimously to put the moratorium in place to determine how the new law would affect building and zoning codes, among other issues.

'What we see Johnson County doing is just a blatant violation of Iowa Code,” state Sen. Jake Chapman, an Adel Republican and floor manager of the fireworks legislation, told The Gazette.

Senate File 489, which was signed into law by former Gov. Terry Branstad, allows the sale of consumer fireworks between June 1 and July 8 and Dec. 10 to Jan. 3.

But Assistant Johnson County Attorney Dana Christiansen said the law 'does not say anything specific about the ability of local authorities to somehow regulate those sales” in the unincorporated areas of Johnson County.

But Chapman says another piece of legislation passed this year - House File 295 - states that a county cannot pass an 'ordinance, motion, resolution, or amendment that sets standards or requirements regarding the sale or marketing of consumer merchandise that are different from, or in addition to, any requirement established by state law.”

Christiansen doesn't believe that law changes the county attorney office's analysis of the fireworks legislation.

Chapman, however, holds there is 'no question” the law applies to the county's moratorium on fireworks sales.

The state Senate, he said, had 'rigorous debate” about whether cities and counties could regulate the sale of fireworks and even voted down proposed amendments to that effect.

The fireworks law grants authority over fireworks sales to the state fire marshal, he said.

Chapman said he recently wrote a memo to answer the frequently asked questions about the fireworks law to send to people who contact him.

In the memo, which he hasn't sent to Johnson County, he wrote that existing laws do not 'permit local municipalities (cities or counties) to ban or prohibit the sale” of fireworks.

When it comes to enforcing the law, Chapman said it's possible retailers could go to court to seek resolution of any local ban on the sale of fireworks.

For his part, Christiansen cites Johnson County's home rule authority for its ability to regulate the sale of fireworks.

'State law has not filled the field” and hasn't said 'all there is to say” when it comes to the sale of consumer fireworks, he said.

'Once we're comfortable with the analysis that a county could regulate in some ways the sale of consumer fireworks, then we have a pretty easy question of ‘if we can regulate it, can we put a moratorium on it while we study the matter, do some analysis, adopt regulations to implement those plans?' ” Christiansen said.

The Iowa Attorney General's Office plans to include a session on new laws - including the fireworks law - at its June 11 spring conference for county attorneys. What that guidance will be on the fireworks bill is still being drafted, spokesman Geoff Greenwood said.

Alan Kemp, executive director of the Iowa League of Cities, said in May that cities also are talking to each other, figuring out how they want to regulate the sale of fireworks and seeking, to some extent, consistency in the same geographic area.

l Comments: (319) 339-3172; maddy.arnold@thegazette.com