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Editorial: Fireworks: Freedom’s fun
Op-Ed · June 29, 2017
We encourage the City of West Branch to allow its residents the freedom to decide if their property is a safe place to use fireworks within the confines of Iowa’s new law.
And we encourage parents to carefully judge the maturity of their own children around fireworks.
Right now, the City of West Branch ordinance regarding fireworks is quite simple: “Fireworks are not permitted unless written application is received and approved by the Council.”
The ordinance was written when both the sale and use were prohibited under state law, so the broad statement worked fine. Only the mildest of cracklers — sparklers, snakes, etc. — had been allowed before. Now Iowans may shoot off Roman candles, firecrackers, ground spinners, cone fountains, mine and shell devices, aerial shells and more. The City Council knows it must revise its ordinance and Police Chief Mike Horihan said he and Fire Chief Kevin Stoolman would work on a draft ordinance for consideration.
Families ought to know beforehand that the new state law also holds fully responsible the person using the fireworks for any damage, from the next-door neighbor to any business and to any publicly owned property. In fact, the responsible person may have to pay up to three times the cost of the damage. Burn a $100 section of fence? That will be $300 in damages awarded to the property owner. An emergency room visit for burns runs $1,500? Now you are liable for $4,500. The math is simple.
The penalties don’t stop there: If the emergency calls for an ambulance, fire department or multiple departments, all of those agencies can send you a bill, too.
Now one must consider where to shoot them off: The east side of town includes lots of large trees, while the west side has very few large trees. Residents who live closest to city borders likely bump up against farmland or prairie. And since the first calendar window for fireworks use runs June 1 to July 8, a dry spell could mean a high chance for fire. This is still possible, though less likely, during the second calendar window of Dec. 10 through Jan. 3.
In short, the new Iowa law provides residents the freedom to buy fireworks, but the penalties are sharp enough that most folks will think twice.
The new law also clarifies that cities that allow fireworks use are not responsible for damages caused by individuals. West Branch could simply repeal its ordinance and recognize and enforce the new state law.
The City Council discussed limiting fireworks use to the Fourth of July and New Year’s Eve and New Year’s Day. We would encourage the council to consider more latitude — some families would prefer to celebrate on weekends should the holiday fall midweek.
As a side note, no stores in West Branch are yet allowed to sell fireworks now permitted under the new law, according to the Iowa State Fire Marshall’s office. Only one store in West Liberty, two in Tipton and a dozen in the Iowa City/Coralville area have them for sale near here.
Safety is a big concern. Being a good neighbor is another concern.
However, the top concern to us is freedom.
Americans associate fireworks first and foremost with Independence Day, and the Founding Fathers from that independence created a nation with more values-based freedoms and rights than any other. Here in West Branch, we still proudly sing at patriotic holidays and sporting events Francis Scott Key’s lyrics to the Star-Spangled Banner: “And the rockets’ red glare, the bombs bursting in air.”
Obviously, we’re not talking about residential use of bombs and rockets. We’re not even talking about industrial-grade pyrotechnics. Cities, however, like West Branch during Hoover’s Hometown Days, have long been permitted to shoot off industrial-grade fireworks. The Hoover Presidential Foundation did this for the event for years, and the City of West Branch has taken on that celebratory endeavor in recent years.
What we’re talking about with this new law are commercial-grade fireworks — smaller and less powerful than industrial grade. Almost half of the states — 23 — in America allow unrestricted, but not irresponsible, use of consumer fireworks. Another 20 allow some or leave that decision to individual counties. Only two states ban commercial fireworks use entirely.
According to the American Pyrotechnics Association, families spent $755 million to purchase 260.7 million pounds of consumer fireworks in 2015. In contrast, the U.S. Consumer Product Safety Commission reports 8,000 injuries due to fireworks between June 19 and July 19; of those, 11 died. The ratio of use to injuries is small; Americans have shown a high level of conscientious use of fireworks.
We do not like the fact that some fireworks accidents lead to fatalities. However, so do drinking, smoking and driving, so this should not be a deciding factor.
A large majority of people are quite mindful of the dangers, and this is one small freedom to give back to the voters, the taxpayers and all the other West Branch residents who work so hard and contribute so much to our community, from volunteering to donations to providing jobs.
Iowa’s new law provides substantial penalties for those who use fireworks recklessly or irresponsibly. In return, let the City of West Branch repeal its ban so that its residents — the majority of whom will use care and discretion — can enjoy the full extent now that Iowa has lifted the ban on fireworks.
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