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FD Council moves to roll back rules on fireworks vendors

Businesses selling fireworks would not have to get a license or pay additional fees to Fort Dodge under a measure that won initial approval from the City Council Monday.

A development in a federal court case that does not directly involve Fort Dodge prompted the council to make the change.

“Right now, we have an ordinance that doesn’t necessarily coincide with a federal court injunction order,” City Attorney Mark Crimmins told the council.

The change would ordinarily have to be approved three times by the council. However, because fireworks sales begin on June 1, the council is expected to approve the second reading of the plan next Monday during a special council meeting and waive the third reading.

In 2017, a new state law made the sale and use of most fireworks legal in Iowa for the first time. In response to the state law, the council approved regulations governing the sale of fireworks.

Those regulations require vendors to get a permit from the city, pay a $500 fee and submit proof that they have a $2 million insurance policy.

Crimmins said that Ankeny, Boone, Johnston and Pleasant Hill were sued in U.S. District Court by fireworks vendors over their local regulations on fireworks. He said the judge issued a temporary injunction that prohibits those cities from requiring special permits or additional insurance from companies selling fireworks.

He said the cities can still enforce their zoning rules on fireworks vendors.

Although the state fire marshal’s office is supposed to be in charge of safety inspections at fireworks businesses, most of which set up in tents, that duty has been passed on to the cities.

Fire Chief Steve Hergenreter said the fire marshal’s office doesn’t have enough people to do all the inspections.

He added that his department has already been contacted by fireworks vendors who plan to set up shop in Fort Dodge.

The vendors who did business in Fort Dodge last year met all the fire code requirements, he said.

“We had no problems with them last year,” Hergenreter said.

Councilman Kim Alstott suggested that the city send the state a bill for inspections that will be done by the Fire Department.

“I’d send them a bill,” he said. “I really would. They probably won’t pay us, but I’d do it anyway just to make a point.”

The council voted unanimously to approve the first reading of the changes to the fireworks rules.

The proposal doesn’t change restrictions on when people can use fireworks that were enacted last fall after city officials received hundreds of complaints.

In Fort Dodge people can use fireworks from 5 p.m. to 11 p.m. from July 1 to July 4.

Fireworks can also be used from 5 p.m. Dec. 31 to 12:30 a.m. Jan. 1.

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