North Liberty follows Johnson County’s footsteps, passes fireworks sales moratorium

NORTH LIBERTY - Officials in North Liberty on Tuesday passed a moratorium on the sale of fireworks, joining Johnson County, which passed its own moratorium last month, despite questions as to legality of the county's decision.

The North Liberty City Council voted 5-0 to put in place the moratorium, arguing the typical procedure for amending the city code to be in accordance with a new state fireworks law can't be completed until after the first fireworks sales period, which runs through July 8.

The new state law allows municipalities to set their own rules regarding use of fireworks, but not the sale.

Still, Johnson County passed a 90-day moratorium on sales, prompting state Sen. Jake Chapman, R-Adel, who was the floor manager for the new fireworks bill, to say the move goes against Iowa Code. He said the state Legislature discussed allowing cities to regulate sales, but the concept failed.

' ... That can be their interpretation as far as sales. But our interpretation is to protect public safety and that's where we're coming from plain and simple,” said North Liberty Mayor Terry Donahue during Tuesday's City Council meeting.

Chapman previously told The Gazette that another piece of legislation passed this year, House File 295, applies to fireworks as well. That law prohibits local governments from setting '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.”

But North Liberty City Attorney Scott Peterson said Tuesday he's 'comfortable defending” the City Council's moratorium.

'There are legitimate safety concerns from the police department, from the fire department and from the building department. And the time frame left by the Legislature's action and the governor's signage was not sufficient to sort through that,” he said.

The North Liberty City Council's moratorium on fireworks sales runs through Aug. 15.

North Liberty officials also have decided to continue prohibiting the use of consumer-grade fireworks, as is directed by an existing ordinance.

In Coralville on Tuesday, the City Council voted 4-0, with council member Mitch Gross absent, to pass an amendment to its fireworks code, Coralville Mayor John Lundell said via text message. While the city continues to ban the use of fireworks, the council changed its sale regulation to be in accordance with state law.

And in Iowa City, the council voted 7-0 on the first reading of an update to its fireworks ordinance to bring it in compliance with Iowa Code, according to a media release. The new state law requires violators who use fireworks in cities where they are prohibited to face a 'fine of not less than $250,” according to a council memo.

The amendment would continue the city's ban on fireworks but increase the fine for violators from the range of $65 to $625 to $250 to $650.

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