Carroll City Council members are researching many different questions on the new fireworks law and sales regulations within the city limits. The law will go into effect next week on June 1, and will override city ordinances to allow for the sale of first and second class fireworks in permanent structures, but it is up to the council to decide restrictions on where they will allow sales and out of what type of structure. Clear-cut answers on the new law, according to City Attorney, David Bruner, are just not part of the legal language of the legislative bill.
City Manager, Mike Pogge-Weaver says he has been getting calls since the law was signed by Gov. Terry Branstad on May 9. The majority of these have been for vendors who want to come to the community and set up a tent for a little less than 30 days. The city ordinances already in place would prohibit sales of fireworks in residential areas, and all of the council members present were in favor of keeping the sales in parts of the community zoned for commercial use. Pogge-Weaver explains the lengthy discussion on how the city would define permanent structures in the adaptation of any ordinances.
Council member Mike Kots says he is not a fan of the tent mode of business operations. Jerry Fleshner and Clay Haley say they do not necessarily have an issue with tent sales, but have concerns that if denied within the city limits, they will pop up right outside the town’s borders. Everyone present was also curious of how the city would be ensuring vendors have valid permits from the State Fire Marshal’s Office, the acquisition of which Fire Chief, Greg Schreck, believes could be a bit of a stumbling block for sellers.
City staff and the city attorney will be reviewing current ordinances and the language involved to determine any changes before the council will make a decision. The new law for those selling out of permanent structures will go into effect on June 1, but the council will need to make a decision on whether to allow sales from portable venues at the June 12 meeting. The council had already agreed to continue to prohibit the use of first and second-class fireworks within the city limits. The Carroll County Board of Supervisors has not yet made an official decision on how they will address the new law, but had stated in previous meetings they are considering leaving the process as it currently is and continue to require a permit for the use of first-class fireworks.
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The state’s fire marshal will establish a consumer fireworks seller license.
Fireworks sales in permanent structures: June 1 through July 8 and Dec. 10 through Jan. 3 each year
Fireworks sales in temporary structures: June 13 through July 8 each year
Fire Marshal can ban fireworks during drought
Fireworks sellers will have to pay a fee in order to sell product, and any individual, company or organization selling fireworks must do so according to national fire protection standards.
