The Perry City Council made another step toward banning the use of consumer fireworks in town Monday when it approved the first reading of the proposed new ordinance.
The council vote was four to one, with council member Chuck Schott opposed to outlawing the China-made explosives. A second reading of the proposed ordinance will take place Monday, Dec. 20 at the 6 p.m. meeting of the Perry City Council.
According to the proposed amendment to the fireworks ordinance: “The City of Perry deems the use of consumer fireworks as a threat to public safety or a nuisance to landowners and therefore prohibits the use of consumer fireworks within the Perry City limits, except for commercial displays that have received a permit from the City of Perry.”
Schott objected that the ban will be impossible for the Perry Police Department to enforce.
“We’re trying to draft something that absolutely cannot be enforced,” Schott said. “There’s no way in hell you can enforce a law like this and keep everybody under control.”
Violations of the ordinance will entail a fine of at least $250, according to the ordinance.
“It’s going to be tough to control, yet I think this is a step in doing it,” said Perry Police Department Chief Eric Vaughn. “It’s going to be difficult either way, and we’re going to be fighting the same battle either way.”
The council members seemed resigned to residents’ disregarding whatever rules are in place. According to Iowa code, tent sales of fireworks begin June 13, and scofflaws will start their detonations then in any case.
“They’re going to do what they want to do,” said council member Vicki Klein. “That’s the problem. I think we’ve done a good job of warning them.”
Schott said he regretted the lawlessness that made the council’s actions necessary.
“I put the blame for what we’re talking about tonight on the residents of the city of Perry. This is not a problem created by city council. This is a problem created by the citizens who refuse to be good neighbors. It’s not about obeying the law. They refuse to respect their neighborhood. They refuse to respect their neighbors. They refuse to respect the time and the places for this.”
In spite of the widespread violations of the current ordinance, which permits the use of consumer fireworks on July 4 between 9 a.m. and 11 p.m., Schott said he was reluctant to punish the law-abiding residents along with the law breakers. He suggested the residents might not have been made aware of the rules.
“I hate for us to be sitting here, passing judgment on all of those people, when perhaps there’s a way to present a sales pitch, information and options that would bring some of those people or a good portion of those people on board and make them realize that it’s their responsibility to have the right if they want to to enjoy fireworks on the Fourth of July. I cannot just cave in and say, ‘Oh, to hell with it. We’re just going to ban it.’ I just don’t think it’s fair to the good people and the good families that do enjoy it and do have a good time with it and should have a right to do that.”
Council member Dean Berkland said residents have had many chances to play by the rules and may now seek to exercise their fireworks freedoms elsewhere.
“We’ve worked with these folks for five years, and it’s gotten crazy these last few years,” Berkland said. “It gets worse every year. I think you can still light fireworks. Go out of town or go to a different town where it’s legal, and fire them there.”
Council member Dr. Randy McCaulley said the guilty far outnumbered the guiltless, and the council must defend residents’ constitutional right to happiness.
“It’s too bad for people who were obeying the law,” McCaulley said, “but the vast majority of people were violating the law. I feel no sorrow for them because they were the ones that caused this to happen. It progressively got worse each year, and this has been going on for four or five years. They just want to ignore the law. They’re infringing on other people’s right to happiness, people who are veterans of the military, people who have pets, people who just want to have a peaceful outdoor gathering with their family. They’re infringing on those people’s pursuit of happiness, which is something that’s guaranteed to all Perry citizens.”
Seeing his opinion in the minority, Schott spoke in praise of fireworks in responsible hands.
“It’ is such a part of our tradition in the United States,” he said. “I think we’re doing the citizens a great disservice. Fireworks have been a part of the Fourth of July as long as I’ve been alive, and as you know it’s my birthday so it’s been a long time ago. When they’re handled properly, they’re safe, and they’re great fun.”
The proposed ordinance would also provide updated language for issuing permits for display fireworks, such as those sponsored by the city or the school district.
The city council meets on the second floor of the Towncraft Building at 1122 Willis Ave.
