HomeMy WebLinkAbout07.20.2020.work session minutesCOUNCIL WORK SESSION
July 20, 2020
4:30 p.m.
Harold E. Getty Council Chambers
Members present: Boesen, Amos, Morrissey, Feuss, Grieder, and Juon joined by telephone. Mrs.
Klein was present.
Moved by Juon seconded by Amos that the Agenda, as proposed, be approved. Voice -vote Ayes:
Seven. Motion carried.
Objective: Discussion of the fireworks use ordinance.
Mayor Hart commented that the City Attorney and Fire Chief did some research on what is being
sold at firework stands.
Pat Treloar, Fire Chief, commented that there was some concern in the community that vendors
were selling illegal fireworks. He spoke with some vendors and a professional in the area about
the fireworks shot off. He concluded that legal fireworks were being sold.
Mr. Morrissey commented he is not in favor of banning fireworks but is in favor of tightening up
the ordinance further. He read several changes that he would like to see incorporated into section
5-2-13, of the city code.
Mrs. Klein commented that the ordinance has not be enforced to date, and that shooting off
fireworks should be banned. She commented that she agrees with Mr. Morrissey that a fine should
be assigned to the property owner.
Mrs. Juon requested to hear from the police chief on how to improve enforcement of the ordinance.
Joel Fitzgerald, Police Chief, commented that the key to enforcement is to have officers observe
fireworks being shot off or have witnesses to testify that they saw the fireworks being shot off
illegally.
Mrs. Juon questioned if an observer was able to video the fireworks going off at a specific address,
if the police department could use that as evidence.
Joel Fitzgerald confirmed that it is possible that the video could be used as evidence.
Mr. Boesen commented that there were several instances where officers made contact with
offenders and did not issue a citation.
Joel Fitzgerald commented that he is aware of the report and stated his officers took the right
course of action for the circumstances, and reiterated that in order to issue a citation, there must be
a witness to the event.
Mr. Boesen commented that it is still officer discretion.
Mr. Morrissey questioned if firework debris counts as evidence of illegal use.
Joel Fitzgerald commented that it would be helpful, but circumstantial evidence.
Marty Petersen, City Attorney, commented that enforcement will require witnesses. He also read
a section of Iowa Code that talks about where fireworks can and cannot be fired off.
Mr. Amos commented that people are violating the ordinance regardless of what timeframes are
allowed or not allowed for shooting off fireworks.
Mayor Hart asked council if they are interested in amending the ordinance or doing a complete
ban and gathered that there is currently not enough support for a complete ban of fireworks. He
further asked Mr. Morrissey to get his recommendation for changes to the council so they may
review and comment prior to the issue being brought before council for a final vote.
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With no further business before the Council, it was moved by Juon seconded by Boesen that the
meeting be adjourned at 4:53 p.m. Voice -vote Ayes: Seven. Motion carried.
Kelle, �elckle
Kelley Felchle
City Clerk