HomeMy WebLinkAboutNo 276 Regulating the Manufacture, Storage, Handling, Use and Sale of Explosives and Providing a Penalty for Violation ThereofPage 1
ORDI aA JCE NO. 276
A%3 ORDINANCE REGULATING THE M.ASUFACTURE,
STORAGE, HANDLI SIG , USE AUD SALE OF EXPLOSIVES
AND PBOVIDIAG A PENALTY FOR VIOLATION THEREOF
THE COUNCIL OF THE VILLAGE OF � 1APLEWOOD HEREBY ORDAINS:
Section 1. This Ordinance shall be Chapter 819 of the
Village Cods and shall be titled as follow3
$d0 EXPLOSIVES
Section 2 - Shall be 820.010
(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 com-
pliance with We regulations of the Federal Department
of Transportation.
(2) Shipmant, transportation and handling of
military explosives by the Armed Forces of the United
States and the State Alitia.
(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) lawful sale and use (public display) of
pyrotechnics commonly known as fireworks.
(c) Tris ordinance shall not apply to the following
commodities and items
(1) Stocks of small ares ammunition; propellant
actuated power cartridges; small arms ammunition
primers in quantities of leas Wan 1,000 smokeless
propellant in quantities of less than 750 }pounds.
(2) Explosive actuated power devices when in
quantities of less than 50 pounds not weight of ex-
plosives.
(3) Puse Lighters and fuse igniters.
Page: 2
(4) Safety Fuse (safety fuse does not include
cordeaa 3etonant fuse), and 3/22 inch cannon fuses
or matchlock fuses (slow match) .
(5) The rale or transfer of black powder or
other commonly used non-smokelea s propellant in indi-
vidual transactions involving quantities of five (5)
pounds or less when used for guzzle loaded sports
equipment or used in they handloading of reports equipment.
Section 2. Definitions stall be W.020
In this ordinance, tAe following words are used as defined
below
(a) Blasting agent shall mean 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 ara classified as an explosive, providead that tie
finished product, as :nixed and packaged for use or shipment,
cannot be detonated )y means of a So. 8 test blasting cap when
unconfined.
NOTE 1: A ado. 8 test blasting cap is one
containing two grams of a mixtures of. 80%
mercury fulminate and 20% potassium chlorate,
or a cap of equivalent strength.
NOTE 2;: nitro -Cargo -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
`rransportation.
"(b) Explosive-actuaEted power devices shall mean 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 shall mean any chemical compound,
mixture or device, the primary or common purpose of which is to
function by explosion, i.e., with substantially instantaneous
releases of gas and heat, unless such compound, mixture or device
is other wise specifically classified by the DOT (formerly IC:).
The term "Explosives" shall include all material whicl is
classified as Class A, Class S and Class C..."
''IOTL 1: classification of explosives is described
by the Department of Transportation, D�Y2 (formerly
Interstate Lozuuerce ::o.unission, ILC) as follows
Page 3
(1) Class n Explosives. Possessing, detonating
or otherwise maximunt hazard, such as dynamite,
nitroglycerin, picric acil, lead azide, fulminate
of mercury, black powder, blasting caps, and
detonating primers.
(2) Class 3 Explosives. Possessing flamable
hazard, such as propellant explosives (including
soma smokeless propellants), photographic flash
powders, and some special fireworks.
(3) :lass 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) For Alden or trot 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 regu-
lations of the DOT (formerly ICC) .
"sdU 2: Certain chemicals and certain fuel
materials riay have explosive characteristics
which are not specifically classified by the
DOT (formerly ILC) and are not readily classi-
fied for coverage in the Code. Authoriatative
information should be obtained for such un --
classified materials and action cora ensurate
with their hazards, location, isolation and
safeguards, should be taken.
(d) highway shall mean any public street, public alley or
public roar.
(e) Inhabited buildings shall mean a building or structure
regularly used in whole or in part as a place of human habitation.
Tae term "inhabited building" shall also mean any church, school,
store, railway passenger station, airport terminal for passcengers,
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, transporta-
tion, storage and use of explosives.
(f) Magazine .shall rmeaan any building or structure, other
than an explosives manufacturing building, approved for the storage
of explosives.
(g) :Motor vehicle shall mean any self-propelled vehicle,
truck, tractor, semi -trailer, or truck --full trailers used for
the transportation of freight over public highways.
Page 4
(h) Propellant --actuated power devices shall mean ani
tool or special mechanized device or gas generator system
which is actuated by a sa►okeless propellant or which release,
and dirocts work through a smokeless propellant charge.
(i) Person shall moan any individual, firm,co-oartnership,
corporation, company, association, joint stock association, and
including ally trustee, receiver, assi:lnae or personal representa-
tive thereof.
(j) Public conveyance shall mean any railroad car, street
car, ferry, cab, bus, airplane or other vehicle which is carrying
passengers for :ai.re.
(k) Railway sAiall mean any stem, electric, diesel, electric
or other railroad or railway whicit carriers passengers for :lire on
the particular line or branch in the vicinity where e=losives are
stored or where: explosives manufacturing buildings are situated.
(1) Small ares ammunition shall mean any shotgun,
rifle, pistol or revolver cartridge, and cartridge for
propellant -actuated mower devices and industrial guns. Aili-
tary-type ammunition containing explosive Laursting charges,
spotting or pyrotechnic projectiles is excluded from this
definition.
(gin) :small arms ammunition pr%rKers shall -zioan sfnall
percussion --sensitive explosive charges, encases: in a can,
used to ignite propellant powder.
(n) Smokeless propellants. Smokeless Propellants,
commonly called smoke loss powders in the trade, used in
small arms ammunition, cannon, rockets, vropoliant-actu-
ated power devices, etc.
(o) Spacial industrial explosive devices shall moan
explosive -actuated power devices and propellant --actuated
power devices.
(p) Special industrial explosives Materials shall
mean shaped -materials and sheat forams and various other
extrusions, pellets .and packages of high explosives, Bich
include dynamite, TNT, P ,TN, RDX, and other similar com-
pounds used for high--energy-rags fording, expanding and
shaping in metal fabrication, and for dismemberment and
quick reduction of scrap :metal.
Section 3. CW.430 kAandatory Permits for ^Acquisition and Use.
It shall be unlawful for any person to acquire, possess,
use, sell or handle any explosive as defined in Section 2 of
tsiis ordinance, except as otherwise provided by section 1,
wit:ain the Village of Aaplewood without having s permit in
ilia possession.
Page 5
(a) Such a permit s.aall bissued only by the Village Clark,
upon approval of tlia Village Couxicil.
(b) Any person desiring a permit as required by this
section shall make application therefor in writing to tAe
Village Clark on such forms as the Village Council may prescribe.
(c) Before any permit is issued i -4y the Clerk he shall
notify the Director of Public Safety that such permit is desired.
Upon receipt of such notification the Ciiief shall inspect the
promises upon which tilie applicant desires to store, handle and
use the explosives set forth in Ute application and if he is
satisfied (1) that no serious fire is and will be created, and
(2) that the applicant plans to store and use the explosives
in the manner prescribed by this ordinance, lie shall endorse 1AS
approval upon said application and return it to the Clerk who
shall prasent the same to tiie Council.
(d) The Council shall deny ts'-Ie isquance of any such
permit to anyone who
(1) Has been convicted within the past ton (10)
years of a felony or gross misdemaanor involving moral
turpituaa or anyone who Is presently under indictment
for any suc"a crime; or
(2) 11a.s ween within the past ten (10) year:;
convicted of a crime in which the use, -possession or
sale of narcotics or illicit drugs was an element; or
(3) Has "o-aen treated within the past tan (10)
years for addiction to narcotic or illicit :bugs, or
has oean within such time poriod admitted to any
hospital or institution for treatment of narcotic
or illicit drug addiction, or lias been witilin such
time period, certified by a licensed medical doctor
as being addicted to narcotic or illicit druq3; or
(4) Has been witl-iin the past ten (10) years,
treated for alcohol addiotion, adraitted' to any hos-
pital or institution for treatment of alcohol addic-
tion, or certified by a licensed medical doctor as
being addicted to alcohol, or
(5) Has been within the past ten (10) years,
adtAtted to anyalospital or institution because of
I
or for treatment of any mental deficiency, or certi-
fied by a licensed zuedical doctor as being mentally
ill or mentally deficient; or
(6) Has :ween within the past ten (10) years,
acquitted of any criminal charge by reason of insan-
ity; or
Page 6
(7) Is not twenty-one (21) years of age at the
time when application for such permit is made.
(d) If the Council grants the permit the Clark shall,
upon receipt of a .fee of Thirty -Five Dollars ($35.00) prepare
and deliver to said applicant such permit as is regueated
in said application, provided, that no permit shall be granted
for a period exceeding 1 year.
Section 4. 8,20.040 Permit Application.
The application for a user's permit shall be sworn to by
the applicant and shall contain tiie following information:
(a) Raisme 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 Cue: storax;e security
measures provided at the storage and use sites;
(d) The applicant's intended use for explosives he
purchases pursuant to any permit ttxat may be issued to
aiixa; and
(e) X111 such additional information as may be pre-
scribed i,y the Village; Council in determining wixether the
applicant is qualified pursuant to section 3 of this ordinance
to possess such permit.
Section 5. 82,0.0 30 Permit Revocation.
A permit may ue revoked or suspended at any time by order
of the village Council for any violation of the provisions of
this ordinance or upon fixe: creation or existence of any oondi-
tion which would be in the opinion of the Director of PUSAic
Safety create or tend to create a serious fire hazard.
Section 6. 820.060 L�iaq_tvot._Transfor to Unauthorized Person.
No person shall sell, transfer or give away any explosive
or blasting agent to anyone who does not poasesi a valid permit
issued pursuant to section 3 of this ordinance.
Suction 7. 820.020 seller' €s Rekord.
Every person selling or giving away any explosives covered
by this ordinance skull beep at all times an accurate record in
a bound book, of all such explosives handler: by :'aim, .indicating
a detailed account of
(a) gate of each transference of explosives;
Page 7
(b) Amount of each such transference;
(c) ::dame and address of aaactt purchaser or transferee;
(d) aanufacturer of the explosives being transferred;
(v) The tape of and any identification numbers of
explosives being transferred:
(f) Explosives owner's or user's permit numberi
(g) Intended ;apace of storage of the explosive by the
ourchase3r or transferee;
(h) Intended use site; and
(i) Security measures provided at the storage site and
at the use site;
Such record book shall at all reasonable times be open to the
inspection of the Director of Public Safety and all duly consti-
tuted law enforcement officials of tkie Village of Maplewood. In
addition on the first day of every month the seller or transferer
shall Make a report to the Director of Public Safety of the
transactions which took place that month.
Section 8. 8.10.080 Stora and Security_�e_q�Iir$s�antss.
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 permanent and tem:aorary stor-
age facilities is a manner prescribed by the rales and regulations
of t.ie Ainnasota state Fire -iarshasl governing the storage, handling,
use and transportation of blasting agents and explosives.
section 9. 8Z.090 Ktnr_' of Thefts -
Any parson 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 taenty-four (24) 11ours 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 occurence .
Section 10. 3-10.010 Bomb Threats.
it shall be unlawful for anyone;
(a) As a iioax, -to communicate or cause to be
communicated the fact that a bomb or any other explosive
device has been placed in any building or in any location
other than a buildins;.
I age 8
M As a hoax, to threaten to bomb any person, place
or building.
(c) To knowingly permit any telephone or other means
of communication under iris control to ve used for any pur-
poses prohibitad by this section.
(d) As as hoax, to place or cause to be placed in any
location any article, constructed or placed wittt intent to
give the impression that said article possesses explosive
capability.
Section 11. 820.011 pn ity
Any person who shall violate any provision of this ordinance
shall upon conviction thereof before the Y.Iunicipal Court of the
Village. of 'Saplewood, be punished by a fine of not more than
Three hundred Dollars ($300) or by imorisorvaent for a: period of
not more than ninety (90) days or moth for each such offense.
Section 12. U0.012 Severability.
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
ogler than the part so declared to :be invalid.
Section 13, Effective Date.
This ordinance shall take effect and be in force from
and after its passage and publication.
Passed by tine Council of the Village of
4aplewood this 19th day of Aovera.)er, 1970.
Br
Attest;
AY** - 5
�r;c days - 3
,A_FF�"AVIT OF PUBLICATION
'qbf
--of imtesoxix
County of Ramsey
------------- N. Theo. Lillie- _ _--_-_ _ being duly sworn, on oath says
--------------------------------------
he is and during all the times herein stated has been the -ASS ._ P.17blisher ______________
publisher and printer of the newspaper known as Maplewood Review,
and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language ,in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week.
(3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the coin-
munity which it purports to serve and does not wholly duplicate any other ,publication and is not made
up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near
the municipality which it purports to serve, has at least 500 copies regularly delivered to paying
subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than
three months in arrears and has entry as second-class matter in its local post -office. (5) said newspaper
purports to serve the Village of North St. Paul in the County of Ramsey and it has its known office
of issue in the Village of North St. Paul in said county, established and open during its regular
businesr. hours for .the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by ,the publisher of said newspaper or persons in his employ and subject to his direction and
control during all such regular business hours at which said newspaper is printed. (6) Said news-
paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
complied with all the foregoing conditions for at least two years preceding the day or dates of publi-
cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary
of State and signed by the publisher and sworn to before a notary public stating that the newspaper is
a legal newspaper.
He further states on oath that the printed ------------- Ordinance No. 276 ---------------------------------------
__._______________________________________ hereto attached as a part hereof was cut from the columns
of said newspaper, and was printed and published therein in the English language, once each week, for
_______I_______ successive weeks; that it was first so published on Wednesday the ___6th________
day of--------------`7anua---- ---- ----- of 19_1 and was thereafter printed and pub-
lished on every Wednesday to and including Wednesday the ________________ day of __________________
19____ and that the following is a printed copy of the lower case alphabet
from A to Z, both inclusive, and is hereby acquowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz %
Subscribed and sworn to before me this __ 6t'h____ day of ________JanuaI ____________
0
Notary public, ______________CARL NL_C _1N1F.SN.LRCounty, Minnesota
Notary Public, Ramsey County, Minn.
My Commission Expi _ _______
1'�'�n'rmrilSBibn-Expires�ept.4, 1976
ORDINANCE NO. 276
AN ORDINANCE REGULATING
THE MANUFACTURE,STORAGE,
HANDLING, USE AND SALE OF
EXPLOSIVES AND PROVIDING A
PENALTY FOR VIOLATION
THEREOF.
THE COUNCIL OF THE VILLAGE
OF MAPLEWOOD HEREBY OR-
DAINS:
Section 1. This Ordinance shall be
Chapter 819 of the Village Code and shall
be titled as follows:
819 EXPLCSIVES
Section 2—Shall be 819.010
(a) This ordinance shall apply to the
manufacture, keeping, having, storage,
sale, transportation, and use of ex-
plosives 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 Depart-
ment 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 ex-
plosives 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) Lawful 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 of small arms ammunition;
propellant actuated power cartridges;
small arms ammunition primers in
quantities of less than 1,000 smokeless
propellant in quantities of less than 750
pounds.
(2) Explosive actuated power devices
when in quantities of less than 50 pounds
net weight of explosives.
(3) Fuse Lighters and fuse igniters.
(4) Safety fuse (safety fuse does not
include cordeau detonant fuse), and 3/22
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
handloading of sports equipment.
Section 2. Definitions shall be 819.020.
In this ordinance, the following words
--- -1-1 as defined below:
ar o
(a1�BIasting agent shall mean 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
percent mercury fulminate and 20 pr -
cent potassim chorale, or a cap of
equivalent strength.
NOTE 2: Nitro -Carbo -Nitrate. This term
applies to any blasting agent which has
been classified a 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 devic-
es shall mean 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 per-
fnrators."
"(c) Explosive or explosives shall
mean any chemical compound, mixture
or device, the primary or common
purpose of which is to function by ex-
plosion, i.e., with substantially in-
stantaneous release of gas and heat,
unless such compound, mixture Or
device is other wise 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..."
NOTE 1: Classification of explosives is
described by the Department of Tran-
spor1ation, .J)p3- (formerlyJnterstate
Commerce Commission, ICC) as
follows
(1)- Class A Explosives. Possessing,
detonating or otherwise maximum
hazard; such as dynamite,
nitroglycerin, picric acid, lead azide,
fulminate of mercury, black powder,
blasting caps, and detonating primers.
(2) Class B Explosives. Possessing
flamable hazard, such as propellant
explosives (including -some smokeless,
propellants), photographic flas
powders, and some special fireworks:
(3) Class C. Explosives. Includes
Certain types of manufactured article's
which contain Class A or Class B ex-
plosives, or both, as components but in
restricted quantities.
(4) Forbidden or Not Acceptable
Explosives.. Shall mean explosived'
which are forbidden or not acceptabie'�
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.
Authoriatative information should be
obtained for such unclassified materials
and action commensurate with their
hazards, location, isolation and
safeguards, should be taken.
(d) Highway shall mean any public
street, public alley or public road.
(e) Inhabited buildings shall mean a
building or structure regularly used in
whole or in part as a place of human
habitation. The term "inhabited
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.
(f) Magazine shall mean any building
or structure, other than an explosives
manufacturing building, approved for
the storage of explosives.
(g) Motor vehicle shall mean any self-
propelled vehicle, truck, tractor, semi-
trailer, or truck -full trailers used for the
transportation of freight over, public
highways.
(h) Propellant -actuated power devices
shall mean 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.
(i) Person shall mean any individual,
firm, co -partnership, corporation,
company, association, Joint stock
association, and including any trustee,
receiver, assignee or personal
representative thereof.
(j) Public conveyance shall mean any
railroad car, street car, ferry, cab, bus,
airplane or other vehicle which is
carrying passengers for hire.
(k) Railway shall mean 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.
(1) Small arms ammunition shall
mean any shotgun, rifle, pistol or.
revolver cartridge, and cartridge for
propellant -actuated power devices and
industrial guns. Military -type am-
munition containing explosive bursting
charges, spotting or pyrotechnic
projectiles is excluded from this
definition.
(m) Small arms ammunition primers
shall mean small percussion -sensitive
explosive charges, encased in a cup,
used to ignite propellant powder.
(n) Smokeless propellants. Smokeless
propellants, commonly called smokeless
powders in ihetrade, used in small
arm
s
ammunition, cannon,
propellant -actuated power devices, etc.
(o) Special industrial explosive
devices shall mean explosive -actuated
power devices and propellant -actuated
power devices.
(p) Special industrial explosives
materials shall mean shaped materials
and sheet forms and various other ex-
trusions, 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 dismem-
berment and quick reduction of scrap
metal.
Section 3. C819.030 Mandatory Permits
for Acquisition and Use.
It shall be unlawful for any person to
acquire, possess, use, sell or handle any
explosive as defined in Section 2 of this
ordinance, except as otherwise provided
withinby section 1, Village
Maplewood withouthaving apermit n
his possession.
(a) Such a permit shall be issued only
by the Village Clerk, upon approval of
the Village Council.
(b) Any person desiring a permit as
required by this section shall make
application therefor in writing to the
Village Clerk on such forms as the
Village Council may prescribe.
(c) Before any permit is issued by the
Clerk he shall notify the Director of
Public Safety that such permit is
desired. Upon receipt of suct,
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 (1) that no serious.
fire hazard will be created, and (2) that
the applicant plans to stare 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
turpitudeor 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
,3i Has een treated within the
past ten (10) years for addiction to
narcotic or illicit drugs, or has been
within such time period admitted 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 ad-
diction, admitted to any hospital or
institution for treatment of alcohol
addiction, 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. -
(d) If the Council grants the permit the
Clerk shall, upon receipt of a fee of
Thirty -Five Dollars ($35.00) prepare and
deliver to said applicant such permit as
is requested in said application,
provided, that no permit shall be
granted for a period exceeding 1 year.
Section 4. 819.040 Permit Application.
The applicationfor a user's permit
shall be sworn to by the applicant and
shall contain the following information:
(a) Name and address of the ap-
plicant;
(b) The applicant's date of birth;
(c) Where applicant intends to per-
manently store the explosives he intends
to use and the storage security measures
e and use
pr(d)dThe applicanted at the 's sites;
intended d usefor
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 Village
Council in determining whether the
applicant is qualified pursuant to section
3 of this ordinance to possess such
permit.
Section 5. 819.050 Permit Revocation.
A permit may be revoked or
suspended at any time by order of the
Village 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
Director of Public Safety create or tend
to create a serious fire hazard.
Section 6. 819.060 May 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 section 3 of
this ordinance.
Section 7. 819.020 Seller's Record.
Every person selling or giving away
any explosives covered by this or-
dinance shall keep at all times an ac
-
curate record in a bound book, of all such
explosives handled by him, indicating a
detailed account of:
(a) Date of each transference of ex-
plosives;
(b) Amount of each such tran
sference;
(c) Name and address of each pur-
chaser or transferee;
(d) Manufacturer of the explosives
being transferred;
(e) The type of and any identification
numbers of explosives being tran-
sterred;
(f) Explosives owner's or user's
permit number;
(g) Intended place of storage of the
explosive by the purchaser or tran-
sferee;
(h) Intended use site; and
(i) Security measures provided at the
storage site and at the use site;
Such record book shall at all reasonable
times be open to the inspection of the
Director of Public Safety and all duly
constituted law enforcement officials of
the Village of Maplewood. In addition on
the first day of every month the seller or
transferer shall make a report to the
Director of Public Safety of the tran-
sactions which took place that month.
Section 8. 819.080 Storage and Security
Requirements.
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 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 tram
sportation of blasting agents and ex-
plosives.
Section 9. 819.090 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
occurence.
Section 10. 819.010 Bomb Threats.
It shall be unlawful for anyone;
(a) As a hoax, to communicate or
cause to be communicated the fact that a
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 buildina
(c) To knowingly permit any
telephone or other means of com-
munication under his control to be used
for any 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.
Section 11. 819.011 Penalty.
Any person who shall violate any
provision of this ordinance shall upon
conviction thereof before the Municipal
Court of the Village of Maplewood, be
punished by a fine of not more than
Three Hundred Dollars (8300) or by
imprisonment for a period of not more
than ninety (90) days or both for each
such offense.
Section 12. 819.012 Severability.
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 effect the
validity of the ordinance as a whole or
any part thereof other than the part so
declared to be invalid.
Section 13. Effective Date.
This ordinance shall take effect and be
in force from and after its passage and
publication.
Passed by the Council of the Village of
Maplewood this 19th day of November,
1970.
Ayes 5, Nays -0.
Lester G. Axdah1, Mayor
Attest:
Lucille E. Aurelius, Clerk
(Review: Jan. 6, 1971)
. ,, AFFIDAVIT OF PUBLICATION
State of f immota
County of Ramsey
-------------------- J,.L__+lao-e__J1J.11ipC_________________-_--, being duly sworn, on oath says
he is and during all the times herein stated has been the--- Asst* Publisher
----------------- ------------------
------------------------------- publisher and printer of the newspaper known as Maplewood Review,
and has full knowledge of tha facts herein stated as follows: (1) Said newspaper is printed in the
English language .in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week.
(3) Said newspaper has 50 percent of its news columns devoted to news of .local interest to the com-
munity which it purports to serve and does not wholly duplicate any other publication and is not made
up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and neaz
the municipality which it purports to serve, has at least 500 copies regularly delivered to paying
subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than
three months in arrears and has entry as second-class matter in its local post -office. '(5) said newspaper
purports to serve the Village of North 'St. Paul in the County of Ramsey and it has its known office
of issue in the Village of North St. Paul in said county, established and open during its regular
business hours for .the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the publisher of said newspaper or persons in his employ and subject to his direction and
control during all such regular business hours at which said newspaper is printed. (6) Said news-
paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
complied with all the foregoing conditions for at least two years .preceding the day or dates of publi-
cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1,.19'66, and each January 1 thereafter an affidavit in the form prescribed by the Secretary
of State and signed by the publisher and sworn to before a notary public stating that the newspaper is
a legal newspaper.
He further states on oath that the .printed _-_ Qrdina ae_lia,2�b___________________
--------------------------- -------------- hereto attached as a part hereof was cut from the columns
of said newspaper, and was printed and published therein in the English language, once each week, for
______�_______ successive weeks; that it was first so published on Wednesday the __3rd}.--------
day of_____________F_Qbr_1A1Zt_______________ of 192 and was thereafter printed and pub-
lished on every Wednesday to and including Wednesday the ________________ day of -_________________
19____ and that the following is a printed copy of the lower case alphabet
from A to Z, both inclusive, and is hereby acquowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnoDgrstuvwxyz
Subscribed and sworn to before me this ___ `___ day of __ ______ ,�� __________ 19-71
7
Notary public, ------------ {_p �_F _ �.� County, Minnesota
My Commission Ex
No,Wry Public Ramsey CS',i!_2y,_14ipsl,____
____ ____l_—_____
iWe Commission Expires Sept. 4, 1976
ORDINANCE NO. 276
AN ORDINANCE REGULATING
(1) Class A Explosives:
THE MANUFACTURE, STORAGE,
Possessing, detonating or otherwise
Power devices.
HAUSE. SALE
maximum hazard; such as
(P) Special industrial explosives
OF XPA
OF EXPLOSIVES A
ND E.
dynamite, nitroglycerin, picric acid,
materials shall mean shaped materials
PROVIDING A PENALTY
lead azide, fulminate of mercury,
and sheet forms and various other ex:
FOR VIOLATION THEREOF
black powder, blastingand
caps,
trusions, pellets and packages of high
THE COUNCIL OF THE VILLAGE
detonating
9 primers.
explosives, which include dynamite,
OF MAPLEWOOD HEREBY OR-
(2) Class B Explosives.
TNT, PETN, RDX, and other similar
DAINS:
Possessing flamable hazard, such as
compounds used for high-energy rate
Section 1. This Ordinance shall be
propellant explosives (including
forming, expanding and shaping in
Chapter 819 of the Village Code and shall
some smokeless propellants),
metal fabrication, and for dismem-
be titled as follows:
Photographic flash powders, and
berment and quick reduction of scrap
820 EXPLOSIVES
some special fireworks.
metal.
Section 2 — Shall be 820.010
73) Class C. Explosives. Includes
Section 3. C820.030 Mandatory Permits
(a) This ordinance shall apply to the
certain types of manufactured ar
for Acquisition and Use.
manufacture, keeping, having, storage,
tides which contain Class A or Class
It shall be unlawful for any person to
sale, transportation, and use of ex-
B explosives, or both, as components
acquire, possess, use, sell or handle any
Plosives. and .blasting agents,
but if; restricted quantities,
explosive as defined in Section 2 of this
(b) It shall not apply to the following:
(4) Forbidden or Not Acceptable
ordinance, except as otherwise provided
(1) Transportation of explosives
Explosives. Shall mean explosives
by section 1, within the Village of
or blasting agents when under the
which are forbidden or not ac
Maplewood without having a permit in
jurisdiction of and in compliance
ceptable for transportation b
P Y
his possession.
with the regulations of the Federal
Department of Transportation.
common carriers, by rail freight,
rail express, highway or water in
(a) Such a permit shall be issued only
(2) Shipment, transportation and
accordance with the regulations of
by the Village Clerk, upon approval of
the Village Council.
handling of military explosives by
the DOT (formerly ICC).
(b) Any person desiring
9 a permit as
the Armed Forces of the United
NOTE 2: Certain chemicals and
required by this section shall make
States and the State Militia.
certain fuel materials may have
application therefor in writing to the
(3) Transportation and use of
explosive characteristics which are
Village Clerk on such forms as the
explosives or blasting agents in the
specifically classified by the
not s
Village Council may prescribe.
normal and emergency operation of
DOT (formerly ICC) and are not
(c) Before any permit is issued by the
Federal agencies or state or
readily classified for coverage in the
Clerk he shall notify the Director of
municipal fire and police depart
Code. Authoriatitive information
Public Safety that such permit is
ments, providing they are acting in
should be obtained for such un
desired. Upon receipt of such
their official capacities and in the
classified materials and action
notification the Chief shall inspect the
Proper Performance of their duties,
commensurate with their hazards;
premises upon which the applicant
(4) Lawful sale and use (public
location, isolation and safeguards,
desires to store, handle and use the
display) of Pyrotechnics commonly
should be taken.
explosives set forth in the application
known as fireworks.
(d) Highway shall mean any public
and if he is satisfied (1) that no serious
(c) This ordinance shall not apply is
street, public alley or public road.
fire hazard will be created, and (2) that
the following commodities and items:
(e) Inhabited buildings shall mean a
the applicant plans to store and use the
(1) Stocks of small arms am-
building or structure regularly used in
explosives in the manner prescribed by
munition; propellant actuated
whole or in part as a place of human
this ordinance, he shall endorse his
Power cartridges; small arms
habitation. The term "inhabited
approval upon said application and
ammunition primers in quantities of
building" shall also mean any church,
return it to the Clerk who shall present
less than 1,000 smokeless propellant
school, store, railway passenger station,
the same to the Council.
in quantities of less than 750 pounds.
airport terminal for passengers, and any
(d) The Council shall deny the
(2) Explosive actuated power
other building or structure where people
issuance of any such permit to anyone
devices when in quantities of less
are accustomed to congregate or
who:
than 50 pounds net weight of ex-
assemble, but excluding any building or
Has been convicted within the
plosives.
structure occupied in connection with
past ten (10) years a felony or
(3) Fuse Lighters and fuse
the manufacture, transportation,
gross misdemeanor involving
olving moralal
igniters.
storage and use of explosives.
turpitude or anyone who is presently
(4) Safety fuse (safety fuse does
(f) Magazine shall mean any building
under indictment for any such
not iqR cordeau detonant fuse),
or structure, other than an explosives
crime; or
and 3.77 inch cannon fuses or
matchlock fuses (slow match),
manufacturing building, approved for
(2) Has been within the past ten (10)
(5) Thesale -or transfer of black
thestorage of explosives,
years convicted of a crime in which the
Powder or other commonly used
(g) Motor vehicle shall mean any self
use, possession or sale of narcotics or
non smokeless propellant in in-
propelled vehicle, truck, tractor, semi-
illicit drugs was an element; or
dividual transactions involving
trailer, or truck-full trailers used for the
(3) Has been treated within the
quariititesof five (5) pounds or less
transportation of freight over public
past ten (10) years for addiction to
when used for muzzle loaded sports
highways.
(h) Propellantactuatedpower devices
narcotic or illicit drugs, or has been
within such time period admitted to
equipment or used in the han-
clloading of sports equipment.
shall 'mean any tool or special
any hospital or institution for
Section 2. Definitions shall be 820.020.
mechanized device or gas generator
treatment of narcotic or illicit drug
In this ordinance, the following words
- system which is actuated by a smokeless
addiction, or has been within such
propellant or which releases and directs
time period, certified by a licensed
are used as defined below:
(a) Blasting agent shall mean any
work through a smokeless propellant
medical doctor as being addicted to
material or mixture consisting of a fuel
charge.
(i) Person shall mean any individual,
narcotic or illicit drugs; or
(4) Has been within the past ten
and oxidizer, intended for blasting not
firm, copartnership, corporation,
(10) years, treated for alcohol ad
otherwise classified as an explosive and
company, association, joint stock
diction, admitted to any hospital or
in which none of the ingredients are
association, and including any trustee,
institution for treatment of alcohol
classified as an explosive, provided that
receiver, assignee or personal
addiction, or certified by a licensed
the finished product, as mixed and
representative thereof.
medical doctor as being addicted to
Packages for use or shipment, cannot be
(j) Public conveyance shall mean any
alcohol; or
detonated by means of a No. 8 test
railroad car, street car, ferry, cab, bus,
(5) Has been within the past ten
blasting cap when unconfined.
airplane or other vehicle which is
(10) years, admitted to any hospital
NOTE 1: A No. 8 test blasting cap is -
carrying passengers for hire,
or institution because of or for
one containing two grams of a
(k) Railway shall mean any steam,
treatment of any mental deficiency,
mixture of 80 percent mercury
electric, diesel, electric or other railroad
or certified by a licensed medical
fulminate and 20 percent potassium
or railway which carries passengers for
doctor as being mentally ill or
chlorate, or a cap of equivalent
hire on the particular line or branch in
mentally deficient; or
strength.
the vicinity where explosives are stored
(6) Has been within the past ten
NOTE 2: NitroCarboNitrate. This
or where explosives manufacturing
(10) years, acquitted of any criminal
term applies to any blasting agent
buildings are situated.
charge by reason of insanity; or
which has been classified as nitro.
(1) Small arms ammunition shall
(7) Is not twenty one (21) years of
carbo nitrate under the Department
mean any shotgun, rifle, pistol or
age at the time when application for
of Transportation Regulations, and
revolver cartridge, and cartridge for
such permit is made.
which is packaged and shipped in
propellant-actuated power devices and
(d) If the Council grants the permit the
compliance with the regulationsofindustrial
guns. Military-type am-
Clerk shall, upon receipt of a fee of
the Department of Transportation.
munition containing explosive bursting
Thirty Five Dollars (835.00) prepare and
"(b)- Explosive-actuated power
charges, spotting or pyrotechnic
deliver to said applicant such permit as
devices shall mean any tool or special
projectiles is excluded from this
is requested in said application,
mechanized device which is actuated by
definition.
provided, that no permit shall be
explosives, but not to including
(m) Small arms ammunition primers
granted for a period exceeding 1 year.
Propellant actuated power devices.
shall mean small percussin-sensitive
Section a. 820.040 Permit Application.
Examples of explosive actuated power
explosive charges, encased in a cup,
The application for a user's permit
devices are jet tappers and jet per
used to ignite propellant powder.
shall be sworn to by the applicant and
forators."
(n) Smokeless propellants. Smokeless
shall contain the following information:
"(c) Expibsive or explosives shall
propellants, commonly called smokeless
(a) Name and address of the ap.
mean any chemical compound, mixture
Powders in the trade, used in small arms
plicant;
or device, the primary or common
ammunition, cannon, rockets,
(b) The applicant's date of birth;
purpose of which is to function by ex-
propel l ant. actuated power devices, etc.
(c) Where applicant intends to per-
plosion, i.e., with substantially in-
(o) Special industrial explosive
manently store the explosives he intends
stantaneous release of gas and heaty
devices shall mean explosive-actuated
to use and the storage security measures
unless such compound, mixture_ orz
Power devices and propellant actuated
provided at the storage and use sites;
devize is' otherwise specifically,
(d) The applicant's intended use for
classified by the DOT (formerly ICC).
explosives he purchases pursuant to any
The term," Explosives" shall include all
permit that may be issued to him; and
material which is classified as Class A, ,.
(e) All such additional information as
Class B and Class C.. ."
may be prescribed by the Village
NOTE l: Classification of explosives
C Heil in determining whether the
is described by the Department of
- a'�tcani is qualified pursuant to section
Transportation, DOT (formerly
-.`,�:of this ordinance to possess such
Interstate Commerce Commission,
permit.
ICC) as follows:
Section S. 820 050 Permit Revocation.
A permit may be revoked or
suspended at any time by order of the
Village 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
Director of Public Safety create or tend
to create a serious fire hazard.
Section 6. 820.060 May 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 section 3 of
this ordinance.
Section 7.820.020 Seller's Record.
Every person selling or giving away
any explosives covered by this or-
dinance shall keep it all times an ac
curate record in a bound book, of all such
explosives handled by him, indicating a
detailed account of:
(a) Date of each transference of ex
Plosives;
(b) Amount of each such tram
sference;
(c) Name and address of each Pur
chaser or transferee;
(d) Manufacturer of the explosives
being transferred;
(e) The type of and any identification
numbers of explosives being Iran.
sferred;
(f) Explosives owner's or user's
Permit number;
(g) Intended place of storage of the
explosive by the purchaser or tram
sferee;
(h) Intended use site; and
(i) Security measures provided at the
storage site and at the use site;
Such record book shall at all
reasonable times be open to the in
spection of the Director of Public Safety
and all duly constituted law enforcement
officials of the Village of Maplewood. In
addition on the first day of every month
the seller or transferer shall make a
report to the Director of Public Safety of
the transactions which took place that
month.
Section 8. 820.080 Storage and Security
Requirements.
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 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 tran-
sportation of blasting agents and ex-
plosives.
Section 9, 820.090 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 inno 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
occurence.
Section 10. 820.010 Bomb Threats.
It shall be unlawful for anyone;
(a) As a hoax, to communicate or
cause to be communicated the fact that a
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 com-
munication under his control to be used
for any 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.
Section 11. 820.011 Penalty.
Any person who shall violate any
provision of this ordinance shall upon
conviction thereof before the Municipal
Court of the Village of Maplewood, be
punished by a fine of not more than
Three Hundred Dollars (5300) or by
imprisonmenr for a period of not more
than ninety (90) days or both for each
such offense.
Section 12. 820.012 Severability.
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 effect the
validity of the ordinance as a whole or
any part thereof other than the part so
declared to be invalid.
Section 13. Effective Date.
This ordinanceshall take effect and be
in force from and after its passage and
publication.
Passed by the Council of the Village of
Maplewood this 19th day Of November,
1070.
Ayes — 5
Nays — 0
Lesser G. Axdahl, Mayor
Attest
Lucille E. Aurelius, Clerk
(Review: Feb. 3, 1971)