Facing state mandate, Washington rolls back firework ban

WASHINGTON — City council members in Washington have completed the first reading of an ordinance amendment that legalizes fireworks on certain holidays, after years of banning the pyrotechnic rockets in town without exception.

And they’re not happy about it.

“I’m going to vote no, in protest against the state telling small government what to do,” said Council Member Ken Schroeder, ahead of a 4-1 vote in favor of the revision, with other council members saying they were reluctant as well.

The change was driven by recent changes to state law, under a bill labeled Senate File 303 which was signed by Gov. Kim Reynolds in May. Starting July 1, state code will still allow local governments to ban consumer fireworks, except on July 3, 4 or December 31.

The issue hits home in Washington, where one of the celebratory rockets hit a roof and caused a house fire in July of 2020. A few months later, the council altered its municipal code, leaving sales of consumer-grade rockets legal, but making their use within city limits a misdemeanor. The ordinance led to a considerable drop in local firework usage by 2022, according to municipal police, despite a slip-up that accidentally omitted much of the ban in recent ordinance revisions.

With state code set to roll the policy back, some officials are worried about public safety, both from the risk of structure fires and personal injuries.

“I don’t like it,” said Fire Chief Brendan DeLong. “When we did allow fireworks the first year, it was wild and crazy. And then that next couple meetings, we cut it off … it’s going to cause an issue.”

The city will keep some stipulations on the books. The new code will set time limits, allowing fireworks only between 9 a.m. and 10 p.m. July 3, from 9 a.m. to 11 p.m. July 4, and between the hours of 9 a.m. Dec. 31 and 12:30 a.m. Jan. 1.

SF 303 passed with almost exclusively Republican support, although it also got a thumbs up from Democratic Rep. Daniel Gosa, who represents part of Davenport. The tally included positive votes from Sen. Dawn Driscoll and Rep. Heather Hora, whose legislative districts include Washington.

Hora said the bill struck a balance between “personal freedom, tradition, and common sense.”

“One thing to remember is that America's 250th birthday is next year,” she said. “All Iowans should be able to take part in celebrating our amazing country and recognizing those who fought for us to have the freedoms we enjoy, no matter where they live.”

Hora also acknowledged concerns from some critics, who told legislators the pyrotechnics were troubling for Iowans with pets or PTSD, due to the startling sound of explosions they produce.

But the representative said limiting pyrotechnics to just a few days a year would keep their use predictable, giving neighbors a chance to prepare.

“I heard from many who said that they simply wanted to know so that they could prepare,” she said. “I would ask that you please give your neighbors the courtesy of letting them know if you are planning on having fireworks beforehand. This will go a long way to help alleviate any unintended stress or consequences that could come from the celebration.”

Washington plans to complete a second reading of the city ordinance changes at its next council meeting June 17. If that goes through, officials say they expect to waive the third reading and immediately put the new local law into effect, ahead of the July 1 deadline set by state legislators.

The policy nearly failed its first reading, due to negative votes by two council members and the absence of a third. Public safety officials encouraged the council to reconsider, however, saying the old ordinance would become null if it remained on the books next month, instead defaulting to state law which allows pyrotechnics from June 1 through July 8 and Dec. 10 through Jan. 3, with time limits similar to those in Washington’s proposed municipal code. Unincorporated areas of Washington County default to the state’s limitations for that very reason, according to a county deputy who spoke with The Union.

Additionally, City Attorney Kevin Olson said defaulting to state code would leave enforcement up to non-local officials. Police Chief Jim Lester said that made a local ordinance acknowledging the state’s new rules necessary.

“We had that discretion, to file a charge if we needed to,” he said. “If we don’t have this ordinance, we’re going to listen to them for the entire time that’s in the state code.”

Comments: Kalen.McCain@southeastiowaunion.com