HomeMy WebLinkAboutCc1110 1110
EXPLOSIVES ORDINANCE
AN ORDINANCE REGULATING THE MANUFACTURE, STORAGE, HANDLING, USE AND
SALE OF EXPLOSIVES AND PROVIDING A PENALTY FOR VIOLATION THEREOF.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1110.01 Scope
A. This Ordinance shall apply to the manufacture, keeping, having, storage, sale,
transportation, and use of explosives and blasting agents.
B. It shall not apply to the following:
1. Transportation of explosives or blasting agents when under the
jurisdiction of and in compliance with the regulations of the Federal
Department of Transportation.
2. Shipment, transportation and handling of military explosives by the
Armed Forces of the United States and the State Militia.
3. Transportation and use of explosives or blasting agents in the normal
and emergency operation of Federal agencies or State or Municipal
fire and police departments, providing they are acting in their official
capacities and in the proper performance of their duties.
4. Sale and use (public display) of pyrotechnics commonly known as
fireworks.
C. This Ordinance shall not apply to the following commodities and items:
1. Stocks or small arms ammunition; propellant actuated power
cartridges; small arms ammunition primers in quantities of less than
one million (1,000,000), smokeless propellant in quantities of less
than seven hundred -fifty (750) pounds.
2. Explosive actuated power devices when in quantities of less than fifty
(50) pounds net weight of explosives.
3. Fuse lighters and fuse igniters.
4. Safety fuse (safety fuse does not include cordeau detonant fuse), and
3/32 inch cannon fuses or matchlock fuses (slow match).
5. The sale or transfer of black powder or other commonly used non -
smokeless propellant in individual transactions involving quantities
of five (5) pounds or less when used for muzzle loaded sports
equipment or used in the hand loading of sports equipment.
1110.02 Definitions.
In this Ordinance, the following words are used as defined below:
A. "Blasting Agent" means any material or mixture consisting of a fuel and
oxidizer, intended for blasting not otherwise classified as an explosive and in
which none of the ingredients are classified as an explosive, provided that the
finished product, as mixed and packaged for use or shipment, cannot be
detonated by means of a No. 8 test blasting cap when unconfined.
NOTE 1. A No. 8 test blasting cap is one containing two grams
of a mixture of 80% mercury fulminate and 20%
potassium chlorate, or a cap of equivalent strength.
NOTE 2. Nitro - Carbo- Nitrate. This term applies to any
blasting agent which has been classified as nitro -
carbo- nitrate under the Department of Transportation
Regulations, and which is packaged and shipped in
compliance with the regulations of the Department of
Transportation.
B. "Explosive- Actuated Power Devices" means any tool or special mechanized
device which is actuated by explosives, but not to including propellant -
actuated power devices. Examples of explosive- actuated power devices are
jet tappers and jet perforators.
C. "Explosive" or "Explosives" means any chemical compound, mixture or
device, the primary or common purpose of which is to function by explosion,
i.e. with substantially instantaneous release of gas and heat, unless such
compound, mixture or device is otherwise specifically classified by the DOT
(formerly ICC). The term "Explosives" shall include all material which is
classified as Class A, Class B and Class C.
D. "Explosives" means all material which is classified as Class A, Class B and
Class C, explosives by the DOT (formerly ICC) and includes, but is not
limited to, dynamite, black powder, pallet powders, initiating explosives,
blasting caps, electric blasting caps, safety fuse, fuse lighters, fuse igniters,
squibs, cordeau detonant fuse, instantaneous fuse, igniter cord, igniters, small
arms ammunition, small arms ammunition primers, smokeless propellant,
cartridges for propellant actuated power devices and cartridges for industrial
guns, and some special fire works. (Commercial explosives are those
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explosives which are intended to be used in commercial or industrial
operations).
NOTE 1. Classification of explosives is described by the
Department of Transportation, DOT (formerly
Interstate Commerce Commission, ICC) as follows:
(1) Class A. Explosives. Possessing, detonating
or otherwise maximum hazard; such as
dynamite, nitro - glycerin, picric acid, lead
azide, fulminate of mercury, black powder,
blasting caps and detonating primers.
(2) Class B. Explosives. Possessing flammable
hazard, such as propellant explosives
(including some smokeless propellants),
photographic flash powders, and some special
fireworks.
(3) Class C. Explosives. Includes certain types
of manufactured articles which contain Class
A or Class B explosives, or both, as
components but in restricted quantities.
(4) Forbidden or Not Acceptable Explosives.
Shall mean explosives which are forbidden or
not acceptable for transportation by common
carriers, by rail freight, rail express, highway
or water in accordance with the regulations of
the DOT (formerly ICC).
NOTE 2. Certain chemicals and certain fuel materials may have
explosive characteristics which are not specifically
classified by the DOT (formerly ICC) and are not
readily classified for coverage in the Code.
Authoritative information should be obtained for such
unclassified materials and action commensurate with
their hazards, location, isolation and safeguards,
should be taken.
E. "Highway" means any public street, public alley or public road.
F. "Inhabited Buildings" means a building or structure regularly used in
whole or in part as a place of human habitation. The term "inhabited
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building" shall also mean any church, school, store, railway
passenger station, airport terminal for passengers, and any other
building or structure where people are accustomed to congregate or
assemble, but excluding any building or structure occupied in
connection with the manufacture, transportation, storage and use of
explosives.
G. "Magazine" means any building or structure, other than an explosives
manufacturing building, approved for the storage of explosives.
H. "Motor Vehicle" means any self - propelled vehicle, truck, tractor,
semi - trailer, or truck -full trailers used for the transportation of freight
over public highways.
I. "Propellant- Actuated Power Devices" means any tool or special
mechanized device or gas generator system which is actuated by a
smokeless propellant or which releases and directs work through a
smokeless propellant charge.
J. "Person" means any individual, firm, co- partnership, corporation,
company, association, joint stock association, and including any
trustees, receiver, assignee, or personal representative thereof.
K. "Public Conveyance" means any railroad car, street car, ferry, cab,
bus, airplane, or other vehicle which is carrying passengers for hire.
L. "Railway" means any steam, electric, diesel, electric, or other
railroad or railway which carries passengers for hire on the particular
line or branch in the vicinity where explosives are stored or where
explosives manufacturing buildings are situated.
M. "Small Arms Ammunition" means any shotgun, rifle, pistol or
revolver cartridge, and cartridge for propellant- actuated power
devices and industrial guns. Military -type ammunition containing
explosive bursting charges, sporting or pyrotechnic projectiles is
excluded from this definition.
N. "Small Arms Ammunition Primers" means small percussion- sensitive
explosive charges, encased in a cup, used to ignite propellant powder.
O. "Smokeless Propellants" or "Smokeless Powders" are used in small
arms ammunition, cannon, rockets, propellant- actuated power
devices, etc.
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P. "Special Industrial Explosive Devices" are explosive- actuated power
devices and propellant actuated power devices.
Q. "Special Industrial Explosives Materials are shaped materials and
sheet forms and various other extrusions, pellets and packages of high
explosives, which include dynamite, TNT, PETN, RDX, and other
similar compounds used for high- energy -rate forming, expanding and
shaping in metal fabrication, and for dismemberment and quick
reduction of scrap metal.
1110.03 Mandatory Permits for Acauisition and Use.
It shall be unlawful for any person to acquire, possess, use, sell, or handle any
explosive as defined in 1110.02 of this Ordinance, except as otherwise provided by
1110.01, within the City of Oak Park Heights without having a permit in his
possession.
A. Such a permit shall be issued only by the City Clerk, upon approval of the
City Council.
B. Any person desiring a permit as required by this section shall make
application therefore in writing to the City Clerk on such forms as the City
Council may prescribe.
C. Before any permit is issued by the Clerk he shall notify the Chief of Police
that such permit is desired. Upon receipt of such notification, the Chief shall
inspect the premises upon which the applicant desires to store, handle and
use the explosives set forth in the application, and if he is satisfied that:(1) no
serious fire hazard will be created, and (2) the applicant plans to store and
use the explosives in the manner prescribed by this Ordinance, he shall
endorse his approval upon said application and return it to the Clerk who
shall present the same to the council.
D. The Council shall deny the issuance of any such permit to anyone who:
1. Has been convicted within the past ten (10) years of a felony or gross
misdemeanor involving moral turpitude or anyone who is presently
under indictment for any such crime; or
2. Has been, within the past ten (10) years, convicted of a crime in
which the use, possession or sale of narcotics or illicit drugs was an
element; or
3. Has been treated within the past ten (10) years for addiction to
narcotic or illicit drugs, or has been within such time period admitted
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to any hospital or institution for treatment of narcotic or illicit drug
addiction, or has been within such time period, certified by a licensed
medical doctor as being addicted to narcotic or illicit drugs; or
4. Has been, within the past ten (10) years, treated for alcohol addiction,
admitted to any hospital or institution for treatment of alcohol
addition, or certified by a licensed medical doctor as being addicted
to alcohol; or
5. Has been, within the past ten (10) years, admitted to any hospital or
institution because of or for treatment of any mental deficiency, or
certified by a licensed medical doctor as being mentally ill or
mentally deficient; or
6. Has been, within the past ten (10) years, acquitted of any criminal
charge by reason of insanity; or
7. Is not twenty -one (21) years of age at the time when application for
such permit is made.
E. If the Council grants the permit, the City Clerk shall, upon receipt of a fee as
established by Council resolution from time to time, prepare and deliver to
said applicant such permit as is required in said application, provided, that no
permit shall be granted for a period exceeding one (1) year.
1110.04 Permit Application.
The application for a user's permit shall be sworn to by the applicant and shall
contain the following information:
A. Name and address of the applicant;
B. The applicant's date of birth;
C. Where applicant intends to permanently store the explosives he
intends to use and the storage security measures provided at the
storage and use sites;
D. The applicant's intended use for explosives he purchases pursuant to
any permit that may be issued to him; and
E. All such additional information as may be prescribed by the City
Council in determining whether the applicant is qualified pursuant to
1110.03 of this Ordinance to possess such permit.
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1110.05 Permit Revocation.
A permit may be revoked or suspended at any time by order of the City Council for
any violation of the provisions of this Ordinance or upon the creation or existence of
any condition which would be in the opinion of the Chief of Police create or tend to
create a serious fire hazard.
1110.06 Mav not Transfer to Unauthorized Person.
No person shall sell, transfer or give away any explosive or blasting agent to anyone
who does not possess a valid permit issued pursuant to 1110.03 of this Ordinance.
1110.07 Seller's Record.
A. Every person selling or giving away any explosives covered by this
Ordinance shall keep at all times an accurate record in a bound book, of all
such explosives handled by him, indicating a detailed account of:
1. Date of each transference of explosives;
2. Amount of each such transference;
3. Name and address of each purchaser or transferee;
4. Manufacturer of the explosives being transferred;
5. The type of and any identification numbers of explosives being
transferred;
6. Explosives owner's or user's permit number;
7. Intended place of storage of the explosive by the purchaser or
transferee;
8. Intended use site; and
9. Security measures provided at the storage site and at the use site.
B. Such record book shall be at all times open to the inspection of the Chief of
Police and all duly constituted law enforcement officials of the City of Oak
Park Heights. In addition, on the first day of every month the seller or
transferor shall make a report to the Chief of Police of the transactions which
took place that month.
1110.08 Storage and Security Reauirements.
Any person storing, handling, using, or in any way disposing of explosives covered
by this Ordinance shall maintain minimum safety and security features of all
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permanent and temporary storage facilities in a manner prescribed by the Rules and
Regulations of the Minnesota State Fire Marshal governing the storage, handling,
use, and transportation of blasting agents and explosives.
1110.09 Report of Thefts.
Any person who has explosives in his possession, and who incurs a loss or theft of all
or a portion thereof, upon discovery of such loss or theft shall immediately, and in no
event longer than twenty -four (24) hours from the time of discovery, inform the
office of the local Chief of Police of the loss or theft, the amount missing and the
approximate time of the occurrence.
1110.10 Bomb Threats.
It shall be unlawful for anyone:
A. As a hoax, to communicate or cause to be communicated the fact that
bomb or any other explosive device has been placed in any building
or in any location other than a building;
B. As a hoax, to threaten to bomb any person, place or building;
C. To knowingly permit any telephone or other means of
communication under his control to be used for purposes prohibited
by this section;
D. As a hoax, to place or cause to be placed in any location any article,
constructed or placed with intent to give the impression that said
article possesses explosive capability.
1110.11 Penaltv.
Any person who shall violate any provision of this Ordinance, shall upon conviction
thereof, before the Municipal Court of the City of Oak Park Heights, be punished by
a fine of not more than Seven Hundred Dollars ($700.00) or by imprisonment for a
period of not more than ninety (90) days, or both, for each such offense.
1110.12 Severabilitv. The contents of this Ordinance are declared to be severable and should
any section, clause, paragraph or provision hereof be declared by any court to be
invalid, the same shall not affect the validity of the Ordinance as a whole or any part
thereof other than the part so declared to be invalid.
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