Everly council fields fireworks complaint

An Everly man is sparkling with anger over fireworks usage in town.

Jim Hartmann on Monday expressed vocal concern to the city council about the prolific use of pyrotechnics in his neighborhood. He claimed to have found two spent aerial fireworks canisters on his roof last year, which burned the tar. He believed they fell onto his house during one of his neighbor's raucous displays and was worried issues would persist this summer.

"I've got a neighbor that likes his beer, and he likes to shoot his fireworks over other people's property," said Hartmann, noting he asked the man to "politely" stop in 2020. "I'm not going to be nice this year. I walked away from it last year. One of his buddies was trying to create a confrontation. I'm sick and tired of it. If they want to shoot their fireworks, go out in the country."

Council Member Tara Patrick noted that the use of fireworks is legal inside city limits. She suggested Hartmann call the sheriff's department if his neighbor is breaking ordinance.

Hartmann pushed back, claiming deputies don't come when he calls in complaints. Mayor Brad Behrens suggested that he take up his concerns about enforcement with Sheriff Chris Raveling.

"We don't have a badge," said Behrens. "We can't enforce [the ordinance]."

The council approved Everly's fireworks rules in 2017 after the Iowa Legislature legalized their sale and use following a decades-long ban. County and municipal governments were allowed to implement stricter regulations if they so desired, and Everly council members took advantage of the caveat.

A large portion of Everly's new ordinance mirrors the state law, however, usage dates were reduced. The council four years ago believed the window permitted by the state – June 1-July 8 and again from Dec. 10-Jan. 3 – was too large.

Everly residents can shoot off fireworks on private property only beginning the weekend before July 4 and ending the weekend after July 4 (9 a.m.-10 p.m.), and again from Dec. 26-Jan. 2 (9 a.m.-10 p.m.). Special hours are permitted on July 4 (9 a.m.-11 p.m.) and Jan. 1 (9 a.m.-12:30 a.m.).

Minors under the age of 18 cannot discharge fireworks without parental supervision and use by individuals under the influence of intoxicating substances is strictly prohibited. Residents can only discharge fireworks on their own property or on another person's property with that individual's consent. Fireworks use in city parks and other property is prohibited.

Sky lantern flame devices are not allowed inside city limits. It also is unlawful to alter, remove or discharge components of a consumer fireworks device from its intended method of discharging. Law enforcement can issue fines and criminal charges to those who violate the new ordinance.

Hartmann suggested the city council issue a temporary fireworks ban due to hazardous conditions caused by the ongoing drought. Patrick noted the group couldn't vote on anything Monday because Hartmann chose to share his remarks as public comment and failed to request the matter be added to that evening's agenda.

The council debated holding a special meeting to discuss a ban; however, Patrick said she wanted to check with fire chiefs in other Clay County communities to see if a countywide burn ban was in the works. If one is approved by the state fire marshal soon, then fireworks would be effectively prohibited during the Fourth of July holiday.

"It would not surprise me if they do it before the Fourth of July, but it's something that all of the chiefs in Clay County have to get together and vote on," Patrick said. "If the answer is no, then I'm not opposed to have a special ban for our city, not that people will listen."

• Appointments

Prior to the fireworks discussion, council members approved the appointment of Shane Hall to the Planning and Zoning Commission, Al Grigg to the Gas Utility Board, and Kendra Hanson to the Everly Public Library Board. Council Member Tracey Grigg-Schuver abstained from voting on Grigg's appointment.

Hanson will fill the void on the library board left by Steve Slater, who died unexpectedly last week. Slater had moved to Everly from the East Coast last year and was starting to become a familiar face in town. Behrens said Slater's death "was hard for me to take."

"I had gotten to know him pretty well," he said. "He had only been in the city for nine months, and to get involved as much as he has, he was a great person and great personality."

Patrick was also saddened by the loss.

"I was very impressed with him," she said.

Grigg-Schuver said Slater was very active in his role on the library board.

"He was doing a lot for the library," she said.

Behrens said he would remember Slater for his helpful nature and called him a "very nice guy."

"Every time you'd talk to him, he'd say, 'Let me know if you need something for this or that.' " he recalled. "He told me that he wanted to move here, wanted to make an impression and wanted to help out the community. You just don't get that anymore."

• Muckey to resign

Longtime Council Member Josh Muckey noted his intention to resign his position effective June 28. He and his family are moving away from Everly.

"I've always said you're our voice of reason on the council," Patrick told Muckey. "You're going to be missed."

The council intends to fill the vacancy by appointment. City residents can still file a petition to hold a special election 14 days after publication of the vacancy notice or 14 days after the appointment is made. The appointment will be valid until the next city election if no petition is filed.

Anyone interested in being appointed to the council should submit a request in writing to the city clerk's office by 4 p.m. on Friday, July 9. The council intends to fill the vacancy at its next meeting on July 12.