(Atlantic, Iowa) – The Atlantic City Council, during their meeting Wednesday evening at City Hall, will discuss recent changes to the law, with regard to setting the size limits of fireworks used within the City, and hours of sale for fireworks. In his City Council Agenda notes, City Administrator John Lund says two questions have been raised as the result of recent legislative action: “Does the City have the authority to set size limits for fireworks within the City?,” and “Can the City set business hours for the sale of fireworks?”

Lund went to the Iowa League of Cities for answers. He says according to ILC Deputy Director of Services Mickey Shields, the Legislature intends to prevent local governments from placing restrictions specifically on fireworks vendors. While a city may have some leeway to regulate general business hours through zoning ordinances, such regulations must apply broadly and not single out specific types of businesses, such as those selling fireworks. Even then, Shields advises caution, given the current legal landscape surrounding fireworks sales and state law. Regarding the size and type of fireworks, Shields said a section of the Iowa Code outlines general restrictions on what qualifies as “consumer fireworks” and includes provisions for other categories. He said also, the State Fire Marshal has authority over what vendors can sell through the state’s permitting and licensing process.

No action is expected by the Council, as the information Lund will present is simply meant to update members on the law and its implications. In other business, the Atlantic City Council will act on passing the second reading of an amended ordinance with regard to “Parking Violations.” The first reading of the ordinance was passed during the Council’s meeting on July 2nd. The Ordinance (#1060) says “Uncontested Violations of parking restrictions…shall be charged upon a simple notice of a fine, payable at the office of the City Clerk.” The fine amounts to $30 for all violations EXCEPT snow route parking violations and improper use of a persons with disabilities parking permit. Those fines are $50 and $100, respectively. Any fines not paid within 30 days, will be increased by $20.

The Atlantic City Council will act on passing a Resolution “Assessing unpaid fees and costs to property taxes,” in cases where City employees have to deal with property cleanup and mowing, nuisance abatements, emergency services or utility disconnections, or other municipal services performed, due to non-compliance by the property owner. The Resolution states the City will send notices to each affected property owner by regular mail, including the Resolution, and the specific amount owed. Property owners will have the right to object, or request a hearing within 10 days from the date of notice. City Administrator John Lund says the City has billed violators of the Public Nuisance Codes, but the approach has “Not achieved the desired effect,” and that “Enough is enough.” The City Council packet shows 10 properties where fees amounting to a total of $10,903.28 have not been paid.