Fireworks banned in Clear Lake

Fire department, Chamber lead push in name of public safety

by Alli Weaver

The state of Iowa recently passed legislation allowing the use and sale of fireworks.  However, the use of Class 1 fireworks within the city limits of Clear Lake is banned.

During the City Council meeting on May 30, the Council unanimously passed an ordinance (Council Representative Mark Ebeling was absent) to ban the use of fireworks in Clear Lake, with concern for public safety.

“If you sought to join City Council with the intent to make a positive impact on the community and people’s lives, then this is your chance to have that impact,” said Tim Coffey, executive director of the Clear Lake Area Chamber of Commerce.

State legislation (SF 489) allows the sale and use of consumer fireworks from June 1 through July 8, in honor of Independence Day, and from Dec. 10 to Jan. 3 to bring in the New Year.

With a start date of June 1, the Council felt the need to take action on a plan to address fireworks use quickly.  They passed a proposed ordinance and waived the second and third readings to put it in effect right away.

Prior to their decision to ban Class 1 fireworks entirely, the Council was presented with a proposed ordinance which would have allowed the use of fireworks on July 3, 4 and 5 during specified hours. The initial ordinance, which City Administrator Scott Flory proposed as a “hybrid option,” was developed to strike a balance and allow people an opportunity to use fireworks, Flory stated.

  However, after testimonies from Assistant Fire Chief Mike Keefe, Coffey, and several other community members, the Council decided to reconsider the allowance entirely.

  “From the fire department’s side, we’re recommending that you don’t allow it to happen,” Keefe said. “We’re asking you to simply put a ban on it.”

Keefe, who was employed by the State Fire Marshal’s Office for more than 30 years, told the Council he has seen property damaged and destroyed, as well as many people injured and even killed. On behalf of the fire department, he emphasized fire

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works are a “public safety issue.”

“I know what it does to families and I know what it does to people,” Keefe said.  “I don’t think anyone on Council wants to be responsible for the possibility of someone getting hurt.”

  Keefe also raised concerns about debris left behind by fireworks that are discharged, as well as those that do not go off.  He speculated youngsters might find shells which did not fire and try to insert new fuses, or strike them with an object which could set them off.  Unsuspecting citizens could also stumble upon live shells while mowing or doing other activities and cause them to discharge.

  According to Asst. Chief Keefe, even if a law was put into place requiring citizens to pick up and dispose of the waste, people are unlikely to comply or have the necessary equipment to do so.

  With concern for the safety and wellbeing of citizens, visitors, those who earn their livelihood by way of tourism, autistic children who have adverse reactions, and veterans with PTSD, Coffey encouraged the ban, as well.

  “All we need is one serious mishap at one of our events. The memories will stick with the people and the media for a long time, tarnishing that event and the reputation of Clear Lake,” Coffey said.

  Several other Iowa cities, including Urbandale, Clive, Johnston, Ames, West Des Moines, Clinton, Spirit Lake, Ankeny, and Waterloo have also banned the use of fireworks entirely.

  After encouragement of the ban from all sides, Mike Callanan wondered, “Where are the supporters of being able to shoot off fireworks tonight?”

  With no downsides to present, even by Flory, who proposed it, the ordinance was amended and enacted, putting the ban into effect with the publication of the ordinance in this week’s Mirror-Reporter.

  “Will a complete ban stop this? Probably not. But it may cause some to stop and think,” Mayor Crabb said.

  For those who discharge fireworks in Clear Lake, violating the ordinance will bring a $100 scheduled fine, not including court costs and surcharges, which, when added, will bring the cost to approximately $177.50.

  “If we’re going to make the message of banning the discharge of fireworks, let’s make it serious,” Nelson said.

In addition to the ban of fireworks discharge, the council also addressed where the sale of Class 1 and 2 consumer fireworks may occur.   Under State law, cities cannot prohibit the sale, but can restrict the locations of sales through zoning.  The City Council decided to only permit sales in the areas of the City zoned heavy industrial.  According to Building Official Mike Ritter, the only area of the city with that zoning is the former Andrews Construction site on Highway 122, east of Interstate 35.

In the event of unlawful sales, including the sale of fireworks to minors, sale without a permit, or sale in a disallowed location, a set $250 fee is set by state law, which Clear Lake will stick to.  This fee is the same price as a permit, which is intended to encourage sellers to follow the permit rules.

Ventura

The city of Ventura has already had a fireworks ban in place for many years.

“It’s been on the books for as long as I can remember,” said City Clerk Else Taylor, who has been on the job 24 years.

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