"Consumer fireworks" has been a challenging topic in cities across Iowa for five years now. Proponents claim it as a near-sacred civic right and duty to celebrate Independence Day with fireworks. Opponents decry the noise, litter, and smoke. Both sides bring up relevant points, and it's up to every City Council in Iowa to weigh the pros, cons, and practical considerations. In the interest of full transparency, here's why I believe a limited window is the most pragmatic answer for Cedar Falls.
A Little Background
In 2017 the Iowa legalized the sale of consumer fireworks for the first time in eighty years. The new state code allows vendors with a permit to sell certain kinds of fireworks from June 1st to July 8th each year. The code also allows county and municipal governments to restrict when and how people can use fireworks, but cities and municipalities are not allowed by the state to restrict the sale of fireworks.
Cedar Falls allowed the full window of use (June 1, 2017 to July 8, 2017) during the first year, and then enacted a complete ban on use in December 2017. Still, no city law could be made to prevent the sale of fireworks in Cedar Falls, which is why we’re in an untenable position, much like being able to buy alcohol but not drink it.
When I first ran for City Council that year, I was publicly in favor of a “limited window” like other cities were adopting.My position hasn’t changed in the past five years, and I believe this approach has been backed up by the evidence. Cedar Falls has had five years to see that a total ban is largely ineffective. Enforcement is a huge challenge, unless we want to greatly ramp up police presence throughout June, July and August, and especially at night. Is this the best use of limited resources and overtime dollars?
Council Consensus
On Tuesday, April 26th, the Cedar Falls and Waterloo City Councils met in a joint work session to discuss our two differing approaches. As Cedar Falls councilors and I attested, it’s like there’s not even a ban in Cedar Falls, because so many residents cheerfully oppose the law and take fireworks on July 4th as a sacred right (and were purchasing them in Missouri and elsewhere for the past several decades). Acting Public Safety Director Craig Berte reiterated the city staff’s recommendation to council for a multi-day limited window, because staff believed that a 100% ban was unenforceable. And that's what we've seen over the past several years...fireworks going off all through June and July, and very difficult to catch and cite those doing it.
The Reality We’re Faced With
Regrettably the Iowa State Legislature did not pass Senate File 99 this session, which would have allowed cities to ban fireworks sales outright. The hard reality is, If people can buy fireworks, they will use fireworks. Moreover, the legislature further erode city home rule authority by making it illegal for cities to restrict fireworks vendor tents to, say, industrial parks or other areas away from nearby buildings.
I bring public policy ideas to the Cedar Falls City Council that have been successful in other cities -- whether it’s No Mow May, or the City-Wide Cleanup, city websites, or any number of topics. I encourage City Councilors to do the same, like with with backyard chickens. All cities can learn from each other. As it happens, the Waterloo approach to fireworks appears to work; it allows consumer fireworks on July 3, 4, and 5 and restricts the types of consumer fireworks that can be used (nothing that shoots over 210’, and nothing over 150 decibels). And with a $375 fine for violations. Waterloo’s Assistant Chief Leibold states that the vast majority of Waterloo fireworks users are complying with the three-day window, and those that don’t comply are getting fined, with zero tolerance. As a bonus, with identical policies, the two largest cities in Black Hawk County, with a combined population of 108,027, will be on the same page for the sake of public education and enforcement...no more grounds for confusion.
Democracy requires creative, productive compromise
The proposed ordinance before council is a political compromise between those who want to celebrate the 4th of July with fireworks, and those who want a summer free from noise nuisances. I believe this is a compromise we can live with, and gradually come to accept as the norm (at least until the State Legislature unties the cities’ hands on this). With the new ordinance in place, both Cedar Falls and Waterloo will heavily push education efforts and also enforcement for violators outside the 3-day window. Hopefully, these violations will be far less, thanks to a permissible time to use fireworks. If the ordinance is approved, then the City Council, staff and I will see how this summer goes, and make additional adjustments based on the data.
Thanks for your understanding and empathy for others, both ways -- for fireworks fans to be sensitive to your neighbors (and kids, and pets) who have great difficulty with them, and for non-users to appreciate that the tradition of fireworks to celebrate American independence goes back nearly 250 years. Like all city topics, we’ll need to progress through this civic challenge together.
Next steps...
The first reading of the new ordinance will take place on Monday, which will offer a period for public comment. It's very typical for those opposed to change to come out in force, and that's great. The City Council will hear the concerns, and will be especially interested to hear if there is any new information or data beyond what has already been brought out into the public sphere during the past five years. The council will then vote on the measure, and if it passes, then it will need to be considered again twice in order to become law (same process for all ordinances). I may call a special meeting in May to do this so that the matter can be all settled prior to June 1st. The public is welcome to comment at any of these meetings.
Thanks for reading to the end and, as always, for doing the work to be an informed and engaged resident.