City gets in line with state fireworks change

FORT MADISON – Mayor Matt Mohrfeld made one last effort to get the Fort Madison City Council to reject a state law that allows fireworks on July 3rd and 4th, and Dec. 31.
Mohrfeld has been kicking back on the law citing its encroachment on the state’s Home Rule status.
The council voted to waive the second reading on the ordinance change to get city code in line with the state laws. Then the third and final reading for the fireworks was put in front of the council.
“So the final vote where we give away all our rights to home rule. Coming to the overpower of the state and the overreach of the state,” he said in a light-hearted exchange with the council.
“At this point, I guess it doesn’t matter what we do. Feel free to voice your discontent with this.”
Councilman Jerry Sparrow asked what decision making the city has anymore if the state is going to make all the decisions for them.
“Vote no on it and let’s find out,” Mohrfeld said. “Someone would have to test that. If not us, then who? They don’t care about our vets with PTSD or animals or elderly or historic buildings.”
The council voted 4-2 with Sparrow and Jack Gray voting against the ordinance change.
Councilman Matt Emmett, who cast one of the votes in favor of getting in line with the state, said if the city’s gonna challenge, they should have started back with the sewer separation mandates.
Mohrfeld took it one step further and called that another unfunded mandate and a violation of home rule.
The council also passed a series of set fees, inspections, and infraction penalties as part of the Chapter 12 code updates.
The new penalties, fees, and infraction penalties are listed below.
SECTION 1: MUNICIPAL INFRACTION PENALTIES
The following penalties shall apply to violations of Chapter 12 – Fireworks:
• First Offense: $250
• Second and Subsequent Offenses: $500
• Additional Remedies: Confiscation and/or destruction of any fireworks used or possessed in violation of the ordinance is authorized. Violations may be treated as municipal infractions or simple misdemeanors, as determined by the enforcing officer.
Authorized enforcement officers include:
• Chief of Police or designee
• Fire Chief or designee
Reports of violations may be forwarded to the Iowa State Fire Marshal for further enforcement action.
SECTION 2: INSPECTION FEES FOR FIREWORKS SALES
Vendors intending to sell consumer fireworks within city limits are subject to the following inspection fees:
• Permanent Structures: $150 per year
• Temporary Structures (non-brick-and-mortar): $300 per year
All structures intended for fireworks sales must:
• Undergo an initial fire inspection before sales commence; and
• Be subject to annual inspection during each selling period as required by the National Fire Protection Association (NFPA) 1124 (2006 edition) and the Fire Code adopted by the City.