House File 635 - Introduced HOUSE FILE 635 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 193) A BILL FOR An Act permitting counties and cities to classify certain 1 fireworks violations as county infractions or municipal 2 infractions, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1548HV (1) 88 gh/rn

H.F. 635 Section 1. Section 331.307, subsection 3, Code 2019, is 1 amended to read as follows: 2 3. a. A county shall not provide that a violation of an 3 ordinance is a county infraction if the violation is a felony, 4 an aggravated misdemeanor, or a serious misdemeanor under state 5 law or if the violation is a simple misdemeanor under chapters 6 687 through 747 , except as provided in paragraph “b” . 7 b. Notwithstanding section 727.2, subsection 2, paragraph 8 “b” , subparagraph (1), and subsection 3, paragraph “c” , 9 subparagraph (1), a county that by ordinance or resolution 10 prohibits or limits the use of consumer fireworks or display 11 fireworks pursuant to section 331.301, subsection 17, may 12 provide that a violation of such ordinance or resolution is a 13 county infraction. 14 Sec. 2. Section 364.22, subsection 3, Code 2019, is amended 15 to read as follows: 16 3. a. A city shall not provide that a violation of an 17 ordinance is a municipal infraction if the violation is a 18 felony, an aggravated misdemeanor, or a serious misdemeanor 19 under state law or if the violation is a simple misdemeanor 20 under chapters 687 through 747 , except as provided in paragraph 21 “b” . 22 b. Notwithstanding section 727.2, subsection 2, paragraph 23 “b” , subparagraph (1), and subsection 3, paragraph “c” , 24 subparagraph (1), a city that by ordinance or resolution 25 prohibits or limits the use of consumer fireworks, display 26 fireworks, or novelties pursuant to section 364.2, subsection 27 6, may provide that a violation of such ordinance or resolution 28 is a municipal infraction. 29 Sec. 3. Section 727.2, subsection 2, paragraph b, 30 subparagraph (1), Code 2019, is amended to read as follows: 31 (1) A person who uses or explodes display fireworks 32 while the use of such devices is prohibited or limited by an 33 ordinance or resolution adopted by the county or city in which 34 the firework is used commits a simple misdemeanor, punishable 35 -1- LSB 1548HV (1) 88 gh/rn 1/ 3

H.F. 635 by a fine of not less than two hundred fifty dollars , unless 1 a county or city classifies a violation of an ordinance or 2 resolution prohibiting or limiting the use of display fireworks 3 as a county infraction pursuant to section 331.307, subsection 4 3, paragraph “b” , or a municipal infraction pursuant to section 5 364.22, subsection 3, paragraph “b” , whereby such person 6 commits a county infraction in accordance with section 331.307 7 or a municipal infraction in accordance with section 364.22 . 8 Sec. 4. Section 727.2, subsection 3, paragraph c, 9 subparagraph (1), Code 2019, is amended to read as follows: 10 (1) A person who uses or explodes consumer fireworks or 11 novelties while the use of such devices is prohibited or 12 limited by an ordinance adopted by the county or city in 13 which the fireworks are used commits a simple misdemeanor, 14 punishable by a fine of not less than two hundred fifty 15 dollars , unless a county or city classifies a violation of 16 an ordinance or resolution prohibiting or limiting the use 17 of consumer fireworks or novelties as a county infraction 18 pursuant to section 331.307, subsection 3, paragraph “b” , or a 19 municipal infraction pursuant to section 364.22, subsection 3, 20 paragraph “b” , whereby such person commits a county infraction 21 in accordance with section 331.307 or a municipal infraction in 22 accordance with section 364.22 . 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 Current law authorizes cities to prohibit or limit the use 27 of consumer fireworks, display fireworks, or novelties by 28 ordinance or resolution. Current law also authorizes counties 29 to prohibit or limit the use of consumer fireworks or display 30 fireworks by ordinance or resolution. A person who violates 31 any such ordinance or resolution commits a simple misdemeanor, 32 punishable by a fine of at least $250. 33 This bill permits cities and counties to classify violations 34 of local fireworks ordinances as municipal infractions or 35 -2- LSB 1548HV (1) 88 gh/rn 2/ 3

H.F. 635 county infractions, as applicable. The bill provides that a 1 person who uses such fireworks while the use of such devices 2 is prohibited or limited by a local ordinance commits a simple 3 misdemeanor, unless a city or county classifies a violation 4 of such ordinance or resolution as a municipal infraction or 5 county infraction, whereby the person commits a municipal 6 infraction in accordance with Code section 364.22, or a 7 county infraction in accordance with Code section 331.307. A 8 municipal infraction or county infraction is a civil offense 9 punishable by a civil penalty of not more than $750 for each 10 violation or, if the infraction is a repeat offense, a civil 11 penalty of not more than $1,000 for each repeat offense. 12 -3- LSB 1548HV (1) 88 gh/rn 3/ 3