Fireworks in Marengo

Fireworks in the City of Marengo

Are fireworks legal in Marengo? 

The short answer to that is certain aspects are legal.

In Marengo it is legal to:

  • Open a fireworks stand or store with the proper permits
  • Possess fireworks

In Marengo it is not legal to:

  • Shoot or explode fireworks

The following documents along with this portion of the website are meant to help to explain the rules regarding this. 

Memo from City Attorney to City Administrator Regarding Fireworks

City of Marengo Fireworks Handout

 

What does the Iowa law that was passed say?

According to Senate File 489 which became part of Iowa Code Section 727.2 amongst other code sections, the communities in the State of Iowa cannot restrict the sale of fireworks.

A city cannot ban the sale of fireworks. A sales stand would be subject to building and zoning regulations and must go through the State Fire Marshall’s Office for approval. At this time, the City of Marengo has not seen any building permits for a sales location.

State law says you may shoot fireworks during the following times if your jurisdiction (City or County) allows the use of fireworks.

Allowed Around Independence Day

Days

Beginning Time

Ending Time

Code Section

June 1 – July 8

9:00 a.m.

10:00 p.m.

727.2 (4a) & (4b)

July 4

9:00 a.m.

11:00 p.m.

727.2 (4b) sub. 1

Sat. & Sun. before and after July 4

9:00 a.m.

11:00 p.m.

727.2 (4b) sub. 1

Allowed Around New Year’s Eve

Days

Beginning Time

Ending Time

Code Section

Dec. 10 – Jan. 3

9:00 a.m.

10:00 p.m.

727.2 (4a) & (4b)

Dec. 31 – Jan. 1

9:00 a.m. on Dec. 31

12:30 a.m. on Jan. 1

727.2 (4b) sub. 2

Sat. & Sun. before and after Dec. 31

9:00 a.m.

11:00 p.m.

727.2 (4b) sub. 3

Times Not Allowed Per State Code 727.2

Jan. 4 – May 31

Not Allowed Per State Code

727.2 (4a)

July 8 – November 31

Not Allowed Per State Code

727.2 (4a)

Senate File 489 also added the following language to Section 364.2 subsection 6 of Iowa Code:

A city council may by ordinance or resolution prohibit or limit the use of consumer fireworks, display fireworks, or novelties, as described in section 727.2 (Iowa Code). 

 

What does the City of Marengo Code of Ordinances say?

Marengo City Code 41.12 subsection 2 reads:

It is unlawful for any person to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided the City may, upon application in writing, grant a permit for the display of fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator.  

After thorough review by the City Attorney, Police Chief, and City Administrator, it is the City's opinion that the section of Marengo Code 41.12 dealing with the use or explosion of fireworks is still enforceable. This is backed up by State Code Section 727.2 (3c), which states: 

A person who uses or explodes consumer fireworks or novelties while the use of such devices is prohibited or limited by an ordinance adopted by the county or city in which the fireworks are used commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars. 

Ultimately, this means that fireworks may be sold in Marengo with proper permits by they cannot be used or exploded within City Limits. City Limits encompass Gateway Park. A map of the limits can be seen by clicking here. The red dotted line represents City Limits.