No Fireworks

Fireworks still prohibited in Linn County Parks, natural areas, trails, and preserves

Posted:6/14/2017 Linn

Although a new law was passed that modifies the possession, sale, transfer, purchase, and use for consumer fireworks in the State of Iowa, the use of fireworks remains prohibited in Linn County Parks, per Section 5 of Rules and Regulations as adopted by the Linn County Conservation Board. click here for a RULES AND REGULATIONS brochure)

Fireworks laws, as it pertains to Conservation and Public Parks in the state of Iowa has not changed.

 

SECTION 5 of Linn County Conservation's Rules and Regulations:

Use of Firearms: Section 461A.42 of the Code of Iowa entitled “Use of firearms prohibited - exceptions” is hereby modified under the authority of Section 350.10 of the Iowa Code as follows: Firearms, fireworks, explosives, paintball guns or any items referred to as paint ball guns and weapons of all kinds are prohibited in or on all areas EXCEPT as otherwise provided by law or for which a special use permit has been issued...

 

SECTION 461A.42 of the Code of Iowa:

Use of firearms, explosives, weapons, and fireworks prohibited--exceptions.

1.  The use of firearms, explosives, and weapons of all kinds by a person is prohibited in all state parks and preserves except under the following conditions:

a.  A firearm or other weapon authorized for hunting may be used in preserves or parts of preserves designated by the state advisory board on preserves at the request of the commission.

b.  A person may use a bow and arrow with an attached bow fishing reel and ninety-pound minimum line attached to the arrow to take rough fish as provided by rule of the commission.

c.  The commission may establish, by rule, the state parks or parts of state parks where firearms may be discharged during special events, festivals and education programs, or a special hunt to control animal populations. The rules governing special hunts to control animal populations shall be applied separately to each designated state park.

2.  The use of fireworks, as defined in section 727.2, in state parks and preserves is prohibited except as authorized by a permit issued by the department. The commission shall establish, by rule adopted pursuant to chapter 17A, a fireworks permit system which authorizes the issuance of a limited number of permits to qualified persons to use or display fireworks in selected state parks and preserves. A person violating this subsection is guilty of a serious misdemeanor. The court may order restitution for damages caused by the violation which may include, but is not limited to, community service. The court may also require that the violator provide proof of restitution.

 

727.2  Fireworks (as defined by the State of Iowa)

The term "fireworks" includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and fireworks containing any explosive or flammable compound, or other device containing any explosive substance. The term "fireworks" does not include goldstar-producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which contain no mercury, or caps used in cap pistols. A person, firm, copartnership, or corporation who offers for sale, exposes for sale, sells at retail, or uses or explodes any fireworks, commits a simple misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this section shall include assessment of a fine of not less than two hundred fifty dollars. However, the council of a city or a county board of supervisors may, upon application in writing, grant a permit for the display of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals approved by the city or the county board of supervisors when the fireworks display will be handled by a competent operator, but no such permit shall be required for the display of fireworks at the Iowa state fairgrounds by the Iowa state fair board, at incorporated county fairs, or at district fairs receiving state aid. Sales of fireworks for such display may be made for that purpose only. This section does not prohibit the sale by a resident, dealer, manufacturer, or jobber of such fireworks as are not prohibited by this section, or the sale of any kind of fireworks if they are to be shipped out of the state, or the sale or use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by a recognized military organization. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.  

 

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conservation@linncounty.org or (319) 892-6450