Proposed Ordinance Change to Title 7 Chapter 5 Article A Section 10 Related to FireworksCity of Dubuque
City Council
ACTION ITEMS # 1.
Copyrighted
June 16, 2025
ITEM TITLE: Proposed Ordinance Change to Title 7 Chapter 5 Article A
Section 10 Related to Fireworks
SUMMARY: City Manager recommending City Council approval of
changes to Title 7 Chapter 5 Article A Section 10 Related to
Fireworks.
ORDINANCE Amending City Of Dubuque Code Of
Ordinances Title 7 Police, Fire, And Public Safety, Chapter 5
Offenses, Article A Section 10 Projectiles, Slingshots,
Knuckles Of Metal Or Other Material, Other Weapons, And
Fireworks
SUGGUESTED Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Memo to MVM Proposed Ordinance Change to Title 7 Chapter 5 Article A Section
10
3. SF303_GovLetter
4. Ordinance
Page 725 of 1053
THE CITY OF
Dubuque
DuBE
uFA�a9a av
Masterpiece on the Mississippi
rP PP
zoo�•*o 13
2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Ordinance Change to Title 7 Chapter 5 Article A Section 10
Related to Fireworks
DATE: June 12, 2025
Chief of Police Jeremy Jensen and City Attorney Crenna Brumwell are recommending
City Council approval of changes to Title 7 Chapter 5 Article A Section 10 Related to
Fireworks.
During the recent State of Iowa Legislative Session, Senate File 303 was signed by
Governor Reynolds which limited local government ability to restrict the use of fireworks
on certain dates. Per Senate File 303, a municipality cannot limit the use of fireworks on
July 3 from 9 a.m. until 10 p.m., July 4th from 9 a.m. until 11 p.m., and December 31st
from 9 a.m. until 11.59 p.m. The current City of Dubuque Ordinance prohibits the use of
fireworks at all times within the corporate city limits of Dubuque.
To address this, the City of Dubuque ordinance needs to be changed.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jeremy Jensen, Chief of Police
Crenna Brumwell, City Attorney
Page 726 of 1053
Dubuque
THE CITY OF
All•America city
UB E 1 11111.1
2007.2012.2013
Masterpiece on the Mississippi 2017*2019
TO: Mike Van Milligen, City Manager
FROM: Jeremy Jensen, Chief of Police
Crenna Brumwell, City Attorney
SUBJECT: Proposed Ordinance Change to Title 7 Chapter 5 Article A Section 10
Related to Fireworks
DATE: June 12, 2025
Introduction
During the recent State of Iowa Legislative Session, Senate File 303 was signed by
Governor Reynolds which limited local government ability to restrict the use of fireworks
on certain dates. This was an amendment to Iowa code section 727.
Background/Discussion
Per SF 303, a municipality cannot limit the use of fireworks on July 3 from 9 a.m. until
10 p.m., July 4th from 9 a.m. until 11 p.m., and December 31st from 9 a.m. until 11:59
p.m. The current City of Dubuque Ordinance prohibits the use of fireworks at all times
within the corporate city limits of Dubuque.
To address this, the City of Dubuque ordinance needs to be changed. Traditionally,
there have been two commercial fireworks displays in Dubuque. The Jaycee's
Fireworks on July 3 and the Dubuque Golf and Country Club display on July 4. On July
3 the fireworks start when it is completely dark, which due to the time of year is
approximately 9.45 to 9:50 p.m. These fireworks do not get over until after 10 p.m.
Upon the conclusion of the fireworks, many fireworks are set off throughout the City.
The State Code allows for restrictions until 10 p.m. however the State does not know
that we have a display that goes past 10 p.m. The recommendation would be to allow
the fireworks to be used until 11 p.m. to accommodate this. While we cannot be more
restrictive than state code, we can be less restrictive. The use and calls for service for
illegal fireworks use overwhelms the already stretched staff of the Police Department
who are already assigned to make the July 3 consumer event safe. Additionally,
fireworks on New Years Eve, are generally set off at the stroke of midnight. To limit it to
Page 727 of 1053
11:59 p.m. seems to go against the essence of why the use was allowed in the first
place. So. the recommendation would be to allow them to be fired until 12:30 a.m.
We are making no changes to the proposed times on July 4tn
These recommendations would allow for clarity to the code, since it was confusing that
fireworks could be sold and not used. We believe these changes also help by defining
clear time of use, which ultimately help with enforcement.
Nothing in this ordinance precludes safety. Other state codes, such as reckless use of
an explosive, criminal mischief, and child endangerment still apply. Additionally, where
the firework use can take place is limited to real property of the person using or with
consent to be used on real property. No fireworks may used on public property to
include public street, public right-of-way, sidewalk, park, parkway, trail, or open space.
Action
City Attorney Brumwell has reviewed the State law and drafted the attached ordinance.
Recommendation
We recommend that the City Manager and the City Council adopt the attached
ordinance modification.
Page 728 of 1053
STATE OF IOWA
KIM REYNOLDS
GOVERNOR
May 19, 2025
The Honorable Paul Pate
Secretary of State of Iowa
State Capitol
Des Moines, Iowa 50319
Dear Mr. Secretary,
I hereby transmit:
Senate File 303, an Act relating to county and city regulation of consumer fireworks.
The above Senate File is hereby approved on this date.
Sincerely,
Ald
Governor of lowa
cc: Secretary of the Senate
Clerk of the House
STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 FAX 515.725.3527 WWW.GOVERNOR.IOWA.GOV
Page 729 of 1053
Senate File 303
AN ACT
RELATING TO COUNTY AND CITY REGULATION OF CONSUMER FIREWORKS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 331.301, subsection 17, Code 2025, is
amended to read as follows:
17. The board of supervisors may by ordinance or resolution
prohibit or limit the use of consumer fireworks or display
fireworks, as described in section 727.2, on any day other than
July 3, July 4, and December 31 in accordance with section
727.2, subsection 4, if the board determines that the use of
such devices would constitute a threat to public safety or
private property, or if the board determines that the use
of such devices would constitute a nuisance to neighboring
landowners.
Sec. 2. Section 364.2, subsection 6, Code 2025, is amended
to read as follows:
6. A city council may by ordinance or resolution prohibit
or limit the use of consumer fireworks, display fireworks, or
Page 730 of 1053
Senate File 303, p. 2
novelties, as described in section 727.2, on any day other than
July 3, July 4, and December 31 in accordance with section
727.2, subsection 4.
AMY SING IR PAT GRASSLEY
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 303, Ninety-first General Assembly.
CL 046;lq on
W. CHARLES SMITHSON
Secre ry o he Senate
Approved �, 2025
KIM RAWaOLDS
Governor
Page 731 II 1053
Prepared by Crenna Brumwell. Esq., 300 Main St., Ste. 330 Dubuque IA 52001-6944 (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100
ORDINANCE NO. 23-25
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE,
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A SECTION 10
PROJECTILES, SLINGSHOTS, KNUCKLES OF METAL OR OTHER MATERIAL,
OTHER WEAPONS, AND FIREWORKS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-5A-10 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
7-5A-10: PROJECTILES, SLINGSHOTS, KNUCKLES OF METAL OR OTHER
MATERIAL, OTHER WEAPONS, AND FIREWORKS:
A. Shooting Projectiles:
1. Prohibition: It shall be unlawful for any person within the corporate limits of the
City to willfully or carelessly throw, shoot, or launch any stone, stick, projectile, or
other missile in such a manner as to hit, injure, or endanger any person or property.
2. Deer Hunting Excepted: Nothing herein shall prohibit the hunting with bow and
arrow of deer by persons licensed by and during the period of time authorized by
the Iowa Department of Natural Resources and issued a permit by the City in
accordance with the Deer Management Program adopted by the City Manager or
City Manager's designee.
B. Slingshots, Knuckles Of Metal Or Other Material, Air Gun, Spring -Loaded Gun,
Replica Firearms, And Other Weapons: It shall be unlawful for any person to carry or
conceal about their person any slingshot, knuckles of metal or other material, air gun,
spring loaded gun, replica firearm represented as a real firearm, or any other weapon
other than a knife, when such weapon is represented to be carried for the purpose of
protection or use as a weapon.
C. Discharging Firearms:
1. Prohibition: No person shall discharge or fire any cannon, gun, bomb, pistol, air
gun, spring loaded gun, or other firearms, or other device containing any explosive.
Discharge or firing of air guns or spring loaded guns used for training, recreational,
or competitive events is allowed in accordance with section 7-5A-16 of this article.
2. Firing Range Permit: The City Council may, upon application in writing, grant
a permit for the operation of a firing range in which the discharge of firearms for
training, recreational or competitive events would be allowed upon showing that
the range would be under the direction of a competent organization, group or
individual.
3. Firearms Used To Control Rodent Or Animal Problems: In the interest of public
health and safety and at such times as approved by the Chief of Police, the police
or their designee may use firearms to control rodent or animal problems when it is
evident that conventional control methods have not resolved the problem.
4. Blank Cartridge Use For Shows: Nothing herein shall be construed to prohibit
the use of blank cartridges for a show or the theater, or for signal purposes in
athletic sports or by railroads, or trucks, for signal purposes, or by a recognized
military organization; and provided further, that nothing in this subsection shall
apply to any substance or composition prepared and used for medicinal or
fumigation purposes.
D. Discharging Fireworks.
Definitions: For purposes of this section consumer fireworks, display fireworks, and
novelties shall be defined as outlined in Iowa Code §727.2(1) or any subsequent
location within the Iowa Code.
2. Novelties shall be allowed year round.
3. Prohibition: No person shall discharge, fire, light, set off, burn, or otherwise use any
consumer fireworks, or other device containing any explosive except on the following
dates and times and pursuant to the following conditions:
a. Dates and times:
i. July 3: 9 a.m. to 10 p.m.
ii. July 4: 9 a.m. to 11 p.m.
iii. December 31: 9 a.m. through 11:59 p.m.
b. Conditions:
i. Consumer fireworks may only be used on the real property of the
person using the consumer fireworks or the real property of a person
who has consented to the use of consumer fireworks on such property.
ii. Consumer fireworks may not be used on any public property, including
but not limited to any public street, public right-of-way, sidewalk, park,
parkway, trail, or open space.
4. Display Fireworks Permit: The City Council may, upon application in writing, grant a
permit for the display and use of display fireworks by any organization or groups of
individuals when such display fireworks will be handled by a competent operator.
5. Penalties: A person violating any provision of subsection D (3) above shall be guilty
of a simple misdemeanor and subject to a fine of not less than two hundred fifty dollars
($250.00).
5. Penalties: A person violating any provision of subsection D (3) above shall be guilty
of a simple misdemeanor and subject to a fine of not less than two hundred fifty dollars
($250.00).
6. Selling Consumer Fireworks Within Corporate City Limits: A person or entity selling
consumer fireworks within the corporate City limits must provide the City Fire
Department with a copy of the seller's State -issued license to sell consumer fireworks
and proof of insurance as required by State Code. A fireworks seller must also display
signage on the seller's premises which states that the use of consumer fireworks is
prohibited within corporate City limits except as outlined in subsection D (3) above.
Section 2. This Ordinance shall take effect immediately upon publication.
Passed, approved, and adopted this 161h day of June, 2025.
//
� /0 0 0 "�Pw
.•M - .• •
Attest:
L
Adrienne N. Breitfelder, City Clerk
EFFECT OF AMENDMENT
7-5A-10: PROJECTILES, SLINGSHOTS, KNUCKLES OF METAL OR OTHER
MATERIAL, OTHER WEAPONS, AND FIREWORKS:
A. Shooting Projectiles:
1. Prohibition: It shall be unlawful for any person within the corporate limits of the
City to willfully or carelessly throw, shoot, or launch any stone, stick, projectile, or
other missile in such a manner as to hit, injure, or endanger any person or property.
2. Deer Hunting Excepted: Nothing herein shall prohibit the hunting with bow and
arrow of deer by persons licensed by and during the period of time authorized by
the Iowa Department of Natural Resources and issued a permit by the City in
accordance with the Deer Management Program adopted by the City Manager or
City Manager's designee.
B. Slingshots, Knuckles Of Metal Or Other Material, Air Gun, Spring -Loaded Gun,
Replica Firearms, And Other Weapons: It shall be unlawful for any person to carry or
conceal about their person any slingshot, knuckles of metal or other material, air gun,
spring loaded gun, replica firearm represented as a real firearm, or any other weapon
other than a knife, when such weapon is represented to be carried for the purpose of
protection or use as a weapon.
C. Discharging Firearms And Firewe-rk :
.. .. ..
.
..
... .. .
011 .1
- -• - - .. .
=..0.:•�:•.0..::�
. 1. Prohibition: No person shall discharge or fire any cannon, gun, bomb,
pistol, air gun, spring loaded gun, or other firearms or set off or burn flreGra Gkers
onY firewerkS nnntaining on„ explesi„o$rflromm-able rmmPni inrJ or other device
containing any explosive. Discharge or firing of air guns or spring loaded guns used
for training, recreational, or competitive events is allowed in accordance with
section 7-5A-16 of this article.
■ . _ .�r
MP
Page 735 of 1053
. Firing Range Permit: The City Council may, upon application in writing, grant
a permit for the operation of a firing range in which the discharge of firearms for
training, recreational or competitive events would be allowed upon showing that
the range would be under the direction of a competent organization, group or
individual.
. Firearms Used To Control Rodent Or Animal Problems: In the interest of
public health and safety and at such times as approved by the Chief of Police, the
police or their designee may use firearms to control rodent or animal problems
when it is evident that conventional control methods have not resolved the
problem.
. Blank Cartridge Use For Shows: Nothing herein shall be construed to prohibit
the use of blank cartridges for a show or the theater, or for signal purposes in
athletic sports or by railroads, or trucks, for signal purposes, or by a recognized
military organization; and provided further, that nothing in this subsection shall
apply to any substance or composition prepared and used for medicinal or
fumigation purposes.
1. Definitions: For purposes of this section consumer fireworks, display fireworks, and
novelties shall be defined as outlined in Iowa Code W27.20) or any subsequent
location within the Iowa Code.
2. Novelties shall be allowed vear round.
3. Prohibition: No person shall discharge, fire, light, set off, eF burn, or otherwise use any
consumer fireworks, or other device containing any explosive except on the following
dates and times and pursuant to the following conditions:
a. Dates and times:
ii. July 3: 9 a.m. to 10 p.m.
iii. July 4: 9 a.m. to 11 p.m.
Div. December 31: 9 a.m. through 11:59 p.m.
b. Conditions:
i. Consumer fireworks may only be used on the real property of the
person using the consumer fireworks or the real property of a person
who has consented to the use of consumer fireworks on such property.
ii. Consumer fireworks may not be used on any public property, including
but not limited to any public street, public right-of-way, sidewalk, park,
Parkway, trail, or open space.olase, w,a
4. Display FireworksPermit: The City Council may, upon application in
writing, grant a permit for the display and use of display fireworks by any organization
or groups of individuals when such display fireworks y will be handled by a
competent operator.
45. Penalties: A person violating any provision of subsection D (pafaqrapb--3) above
shall be guilty of a simple misdemeanor and subject to a fine of not less than two
hundred fifty dollars ($250.00).
5-.6. -Selling Consumer Fireworks Within Corporate City Limits: A person or entity
selling consumer fireworks within the corporate City limits must provide the Cites
Department with a copy of the seller's State -issued license to sell consumer fireworks
and proof of insurance as required by State Code. A fireworks seller must also display
signage on the seller's premises which states that the use of consumer fireworks is
prohibited within corporate City I� except as outlined in subsection D (3) above_.
Page 737 of 1053
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
06/20/2025
and for which the charge is 76.61
Subscribed to before me, a Notary Public
Dubuque County, Iowa,
this 23rd day of June, 2025
Notary
and for
is in and for Dubuque County, Iowa.
To wP 12/11/2025
P1Af. 8 JANET K. PAPE
y Commission Number 199659
My Commission Expires
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 23-25
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE,
FIRE, AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A SECTION
10 PROJECTILES, SLINGSHOTS, KNUCKLES OF METAL OR OTHER
MATERIAL, OTHER WEAPONS, AND FIREWORKS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 7-5A-10 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
7-5A-10: PROJECTILES, SLINGSHOTS, KNUCKLES OF METAL OR OTHER
MATERIAL, OTHER WEAPONS, AND FIREWORKS:
A. Shooting Projectiles:
1. Prohibition: It shall be unlawful for any person within
the corporate limits of the City to willfully or carelessly
throw, shoot, or launch any stone, stick, projectile, or other
missile in such a manner as to hit, injure, or endanger any
person or property.
2. Deer Hunting Excepted: Nothing herein shall prohibit the
hunting with bow and arrow of deer by persons licensed by and
during the period of time authorized by the Iowa Department of
Natural Resources and issued a permit by the City in
accordance with the Deer Management Program adopted by the
City Manager or City Manager's designee.
B.???Slingshots, Knuckles Of Metal Or Other Material, Air
Gun, Spring -Loaded Gun, Replica Firearms, And Other Weapons:
It shall be unlawful for any person to carry or conceal about
their person any slingshot, knuckles of metal or other
material, air gun, spring loaded gun, replica firearm
represented as a real firearm, or any other weapon other than
a knife, when such weapon is represented to be carried for the
purpose of protection or use as a weapon.
C.???Discharging Firearms:
1. Prohibition: No person shall discharge or fire any
cannon, gun, bomb, pistol, air gun, spring loaded gun, or
other firearms, or other device containing any explosive.
Discharge or firing of air guns or spring loaded guns used for
training, recreational, or competitive events is allowed in
accordance with section?7-5A-16?of this article.
2.???Firing Range Permit: The City Council may, upon
application in writing, grant a permit for the operation of a
firing range in which the discharge of firearms for training,
recreational or competitive events would be allowed upon
showing that the range would be under the direction of a
competent organization, group or individual.
3.???Firearms Used To Control Rodent Or Animal Problems: In
the interest of public health and safety and at such times as
approved by the Chief of Police, the police or their designee
may use firearms to control rodent or animal problems when it
is evident that conventional control methods have not resolved
the problem.
4.???Blank Cartridge Use For Shows: Nothing herein shall be
construed to prohibit the use of blank cartridges for a show
or the theater, or for signal purposes in athletic sports or
by railroads, or trucks, for signal purposes, or by a
recognized military organization; and provided further, that
nothing in this subsection shall apply to any substance or
composition prepared and used for medicinal or fumigation
purposes.
D. "Discharging Fireworks.
1. Definitions: For purposes of this section consumer
fireworks, display fireworks, and novelties shall be defined
as outlined in Iowa Code ?727.2(1) or any subsequent location
within the Iowa Code.
2. Novelties shall be allowed year round.
3. Prohibition: No person shall discharge, fire, light, set
off, burn, or otherwise use any consumer fireworks, or other
device containing any explosive except on the following dates
and times and pursuant to the following conditions:
a. Dates and times:
i. July 3: 9 a.m. to 10 p.m.
ii. July 4: 9 a.m. to 11 p.m.
Iii. December 31: 9 a.m. through 11:59 p.m.
b. Conditions:
i. Consumer fireworks may only be used on the real property
of the person using the consumer fireworks or the real
property of a person who has consented to the use of consumer
fireworks on such property.
ii. Consumer fireworks may not be used on any public
property, including but not limited to any public street,
public right-of-way, sidewalk, park, parkway, trail, or open
space.
4. Display Fireworks Permit: The City Council may, upon
application in writing, grant a permit for the display and use
of display fireworks by any organization or groups of
individuals when such display fireworks will be handled by a
competent operator.
5. Penalties: A person violating any provision of subsection
D (3) above shall be guilty of a simple misdemeanor and
subject to a fine of not less than two hundred fifty dollars
($250.00).
6. Selling Consumer Fireworks Within Corporate City Limits:
A person or entity selling consumer fireworks within the
corporate City limits must provide the City Fire Department
with a copy of the seller's State -issued license to sell
consumer fireworks and proof of insurance as required by State
Code. A fireworks seller must also display signage on the
seller's premises which states that the use of consumer
fireworks is prohibited within corporate City limits except as
outlined in subsection D (3) above.
Section 2. This Ordinance shall take effect immediately upon
publication.
Passed, approved, and adopted this 16th day of June, 2025.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 20th day of June, 2025.
/s/Adrienne N. Breitfelder, City Clerk
It 6/20