HomeMy WebLinkAbout0047 (b) Explosive-actuated power devices (i) person shall mean any individual, (4) Has been within the pas[ ten
LEGAL NOTICE shall mean any tool or special meth- firm, co-paztnerahip, corporation, company, (10) years, treated for alcohol ad-
anized device which is actuated by association, joint stock association, and in-~ diction, admitted to any hospital or
ORDINANCE N0.47 explosives, but not to including prop- eluding any trustee, receiver, assignee or institution for treatment of alcohol
VILLAGE OF LAKEVILLE pellant-actuated power devices. personal representative thereof. addiction, or certified by a licensed
DAKOTA COUNTY, MINNESOTA Exatnples of explosive-actuated (j) Public conveyance shall mean any medical doctor as being addicted to
AN ORDINANCE REGULATING THE power devices are jet tappers and jet railroad caz, street car, ferry, cab, bus, air- alcohol; or
MANUFACTURE, STORAGE, HANDLING, Perforators. plane or other vehicle which is carrying (5) Has been within the past ten
USE AND SALE OF EXPLOSIVES AND (c) Explosive or explosives shall mean passengers for hire. - (10) yeaza, admitted to any hospital
PROVIDING A PENALTY FOR VIOLA- any chemical compound, mixture or (k) Railway shall mean any steam, or institution because of or for treat-
TIONTHEREOF device, the primary or common pUr electric, diesel, electric or other railroad or men[ of any mental deficiency, or
THE VILLAGE COUNCIL OF THE VIL- pose of whichis to function by ex- railway which carries passengers for hire certified by a licensed medical
LAGE OF LAKEVILLE ORDAINS: plosion, i.e., with substantially on the particular line or branch in the doctor as being mentally ill or men-
SECTION 1. Scope instantaneous release of gas and vicinity where explosives are stored or (ally deficient; or
(a) This ordinance shall apply to the heat, unless such compound, where explosives manufacturing build- (6) Has been within the past ten
manufacture, keeping, having, storage, mixture or device is other ings are situated. (10) years, acquitted of any criminal
sale, transportation, and use of explosives wise specifically classified (1) Small arms ammunition shall mean charge by reason of insanity; or
and blasting agents. by the DOT (formerly ICC). any shotgun, rifle, pistol or revolver cart- Is not twenty-one (21) years of
(b) It shall not apply to the following: The term "Explosives" shall ridge, and cartridge for propellant-actuated age at the time when application for
(1) Transportation of explosives include all material which is power devices and industrial guns. Mil- such permit is made.
classified as Class A, Class B ~ g (d) If the council grants the permit
or blasting agents when under itary-type ammunition containin explos-
the jurisdiction of and in compli- and Class C. fve bursting charges, spotting or pyrotech- the clerk shall, upon receipt of a fee of
ante with the regulations of NOTE 1: Classification of ex- .nit projectiles is excluded from this def- Five Dollars ($5.00), prepare and deliver to
the Federal Depaztment of plosives rs described by the inition. said applicant such permit as is requested
Transportation. Depaztment of Transportation, (m) Small arms ammunition primers in said application, provided, that no permit
(2) Shipment, transportation and DOT (formerly Interstate Com- shall mean small percussion-sensitive ex- shall be granted fox a period exceeding 30
handling of military explosives merce Commission, ICC) as plosive charges, encased in a cup, used to days.
by the Armed Forces of the Uni[- follows: ignite propellant powder. SECTION 4. Permit Application
ed States and the State Militia. (1) Class A Explosives. Pos- (n) Smokeless propellants. Smokeless The application for a user's permit shall
(3) Transportation and use of ex- sensing, detonating or other- propellants, commonly called smokeless be sworn to by the applicant and shall con-
plosives or blasting agents in wise maximum hazard; such as powders in the trade, used in small arms lain the following information:
the normal and emergency dynamite, nitroglycerin, picric ammunition, cannon, rockets, propellant-. (a) Name and address of the appli-
operafion of federal agencies or acid -lead azide, fulminate of actuated power devices, etc. cant;
state or municipal fige and P91- mercury, black powder, blasting (o) Special industrial explosive de- (b) The applicant's date of birth;
ice departments, providing caps, .and detonating primers. vices shall mean explosive-actuated power (c) Where applicant intends to
performance of their duties. (2) Class B Explosives. Pos- devices and propellant-actuated power de- permanently store the explosives
they are acting in their official sensing flammable hazard, such vices. he intends to use and the storage
capacities and in the proper as. propellant explosives (in- (P) Special industrial explosives mater- security measures provided at the
performance of their duties. eluding some smokeless prop- ials shall mean shaped materials and sheet storage and use sites;
(4) Sale and use (public display) of ellants), photographic flash forms and various other extrusion, pellets (d) The applicant's intended use
pyrotechnics commonly known powders, and some special fire- and packages of high explosives, which for explosives he purchases pur-
asfireworks. works. include dynamite, TNT, PETN, RDX, and suant to any permit that may be is-
(c) This ordinance shall not apply to the (3) Class C Explosives. In- other similar compounds used for high- sued to him; and
following commodities and items: eludes certain types of man- energy-rate forming, expanding and shap- (e) All such additional information as
(1) Stocks of small arms ammo- ufactured articles which con- ing in metal fabrication, and for dismem- -may be prescnbed by the. village
nition; propellantactua[ed pow- lain Class A or Class B explos- berment and quick reduction of scrap metal. councll in determining whether
er caztridges; smaIl arms am- fives, or both, as components SECTION 3. Mandatory Permits for Acqui- the applicant is qualified pursuant
munition primers in quanti- but in restricted quantities. si[ion and Use. to section 3 of this ordin-
ties of less than 1,000,000, (4) Forbidden or Not Accept- It shall be unlawful for any person to ante to possess such permit.
smokeless propellant in quanti- able Explosives. Shall mean acquire, possess, use, sell or handle any ex- SECTION 5. Permit Revocation.
ties of less than 750 pounds. explosives which are forbidden plosive as defined in section 2 of this ord- A permit may be revoked or suspended
(2) Explosive actuated power de- or not acceptable for trans- finance, except as otherwise provided by at any time by order of the village council
vices when in quantities of portation by common carriers, section 1, within the village of Lakeville for any violation of the provisions of this
less than 50 pounds net weight by rail freight, rail express; without having a permit in his possession. ordinance or upon the creation or exis-
highway or water in accordance (a) Such a permit shall be issued only tence of any condition which would be in
of explosives. with the regulations of the b the villa e clerk, u on a the o tnion of the Chief of the Fire De-
(3) Fuse lighters and fuse igniters. Y g p pproval of the P
DOT (formerly ICC). village council. partment (or Chief of Police) create or rend
(4) Safety fuse (safety fuse does not NOTE 2: Certain chemicals to create a serious fire hazard.
include cordeau detonant fuse), (b) Any person desiring a permit as
and certain fuel materials may required by this section shall make tip- SECTION 6. May Not Transfer to Un-
and 3132 inch cannon fuses or have ex losive characteristics authorized Person.
matchlock fuses (slow match). P plication therefor in writing to the village No erson shall sell, transferor give away
(5) The sale or transfer of black which are not specifically class- clerk on such forms as the village council P
powder or other commonly used ified by the DOT (formerly ICC) may prescribe. any explosive or blasting agent to anyone
and aze not readily classified (c) Before any permit is issued by the v<'ho does not possess a vaiid permit issued
non-smokeless propellant in for coverage in the Code. Auth- clerk he shall notify the Chief of the Fire pursuant to section 3 of this ordinance.
individual transactions involy- oritative information should be Department (Chief of Police) that such SECTION 7. Seller's Record.
ing quantities of five (5) pounds Eve erson selling or giving away any
or less when used for muzzle obtained for such unclassi- permit is desired. Upon receipt of such not- rY p
loaded sports equipment or used fied materials and acfion tom - ification the Chief shall inspect [he pre- explosives covered by this ordinance shall
in the handloading of sports mensurate with their hazards, mixes upon which the applicant desires to keep at all times an accurate record in a
equipment. location, islolation and safe- store, handle and use [he explosives set bound book, of all such explosives handled
SECTION 2. Definitions guards, should be taken. forth in the application and if he is sat- by him, indicating a detailed account of:
isfied (1) that no serious fire hazard will (a) Date of each transference of
In this ordinance, the following words are (d) Highway shall mean any public be created, and (2) that the a hcant lane explosives;
used as defined below: Street, public alley or public road. pp p
(a) Blasting agent shall mean any mat- (e) Inhabited buildings shall mean a to store and use the explosives in the man- (b) Amount of each such transfer-
erial or mixture consisting of a fuel building or structure regularly used in whole ner prescribed by this ordinance, he shall cote;
and oxidizer, intended for blasting or in part as a place of human habitation. endorse his approval upon said application (c) Name and address of each
not otherwise classified as an ex- The term "inhabited building" shall also and return it to the clerk who shall present purchasor or transferee;
plosive and in which none of the mean any church, school, store, railway the same to the council. (d) Manufacturer of the explosives
ingredients aze classifie3~ as an ex- Passenger station, airport terminal fox pass- (d)- The council shall deny the issuance being transferred;
engers, and an of any such permit to anyone who: (e) The type of and any identific-
plosive, provided that the finished y other building or structure (1) Has been convicted within the anon numbers of explosives being
product, as mixed and packaged for- where people are accustomed to congregate transferred;
use or shipment, cannot be detonated or assemble, but excluding any building or Past ten (10) years of a felony or f Explosives owner's or user's
by means of a No. 8 test blasting structure occupied in connection with the gross misdemeanor involving moral ( )
cap when unconfined. manufacture, transportation, storage and turpitude or anyone who is present- permit number;
NOTE 1: A No. 8 test blastin use of explosi es. ly under indictment for any such (g) Intended place of storage of the
g Y explosive by the purchasor or trans-
cap is one containing two (f) Magazine shall mean any building or crime; or
grams of a mixture of 80% structure, other than an explosives menu- (2) Has been within the past ten fexee;
mercury fulminate and 20% factoring building, approved for the storage (10) years convicted of a crime in (h) Intended use site; and
potassium chlorate, or a cap of explosives. which the use, possission or sale of (i) Security measures provided at
of egniyalent strength. (g) Motor vehicle shall mean any self- narcotics or illicit drugs was an storage site and at the use site.
NOTE 2: Nitro-Cazbo-Nitrate. propelled vehicle, truck, tractor, semi- element; or Such record book shall at all reasonable
This term applies to any trailer, or truck-full trailers used for the (3) Has been treated within the past times be open to the inspection of the Chief
blasting agent which has been transportation of freight over public high- ten (10) years for addiction to oar of the Fire Department (or Chief of Police)
_lassified as nitro-carbo-ni- ways. colic or illicit drugs, or has been with- and all duly constituted law enforcement
trace under the Department of (h) Propellant-actuated power devices in such time period admitted to any officials of the Village of Lakeville. In
Transportation Regulations, shall mean any tool or special mechanized hospital or institution for treatment addition on [he First day of every month
and which is packaged and device of gas generator system which is of nazcotic or illicit drug addiction the seller or transferor shall make a report
shipped in compliance with actuated'by a smokeless propellant or which or has been within such time per to the Chief of the Fire Department (or Chief
iod, certified by a licensed medical of Police) of the transactlons which took
the regulations of the De- releases and directs work through a smoke-
partment of Transportation. less pmpellanN charge. doctor as being addicted to oar- place that month.
colic or illicit drugs; or SECTION 8. Storage and Secutity Re-
quirements. For any purposes prohibited by this
any person storing, handling, using or section.
in any way disposing of explosives covered (d) As a hoax, to place or cause to
by this ordinance shall maintain minimum be placed in any location any article,
safety and security features of all penman- constructed or placed with intent to
ent and temporary storage facilities in a give the impression that said article
manner prescribed by the Rules and Reg- possesses explosive capability.
ulations of the Minnesota State Fire Mar- SECTION 11. Penalty.
shat governing the storage, handling, use Any person who shall violate any pro-
and transportation of blasting agents and vision of this ordinance shall upon convic-
explosives. lion thereof before the Municipal Court of
SECTION 9. Report of Thefts. the Village of Lakeville, be punished by
Any person who ..has explosives in his a fine of not more than Three Hundred
possession and who incurs a loss or theft Dollars ($300) or by imprisonment for a
of all or a portion thereof upon discovery period of not more than ninety (90) days or
of such loss or theft shall immediately, and both for each such offense.
in no event longer than twenty-four (24) SECTION 12. Severability.
hours from the time of discovery, inform The contents of this ordinance are de-
the local Chief of Police of the loss or theft, laced to be severable and should any see-
the amount missing and the approximate lion, clause, paragraph or provision hereof
time of the occurrence. be declared by any court to be invalid,
SECTION 10. Bomb Threats. the same shall not affect the validity of
It shall be unlawful for anyone:. the ordinance as a whole or any part thereof
(a) As a hoax, to communicate or other than the part so declared to be in-
cause to be communicated the fact valid.
that a bomb or any other explosive SECTION 13. Effective Date.
device has been placed in any build- This ordinance shall take effect andbe
ing or in any location other than in force from and after its publication.
a building. ROBERTJENSEN
(b) As a hoax, to threaten to bomb Mayor
any person, place or building. MARCELINE HEMSTROM
(c) To knowingly permit any tele- Village Clerk
phone or other means of communi-
cation under his control to be used