Chapter 8.15
EXPLOSIVES
Sections:
8.15.050 Application for permit and renewal.
8.15.060 Consideration of application.
8.15.090 Revocation of permit.
8.15.100 Hearing on denial or revocation of permit.
8.15.120 General applicability.
8.15.130 Operation of the vehicle.
8.15.140 Competent person to attend vehicle.
8.15.150 Parking and stopping restricted.
8.15.010 Purpose.
It is the intention of the council that this chapter shall supplement and shall be uniformly interpreted with the laws and regulations of the United States and the state of Oregon, so far as possible, to avoid an undue burden on commerce. [Ord. 261 § 1, 1959].
8.15.020 Definitions.
As used in this chapter the singular includes the plural and the masculine includes the feminine and neuter. Except where the context clearly indicates a different meaning, the following words shall mean:
“Explosives” means chemical compounds, mixtures, or devices, the primary or common purpose of which is to function by explosion with substantially instantaneous release of gas or heat, including but not limited to class A and class B explosives as classified by the Interstate Commerce Commission, nitro-carbo-nitrates and fireworks as defined by ORS 480.110, but excluding dangerous articles such as flammable liquids, flammable solids, compressed flammable or nonflammable gases, oxidizing materials, corrosive liquids, poisonous liquids or gases, radioactive materials, and small arms ammunition.
“Person” means an individual, firm, partnership, corporation, company, or association or the assignees, vendees, lessees, trustees, or receivers of any of them. [Ord. 261 § 2, 1959].
8.15.030 Applicability.
(1) Except as this chapter may conflict with the regulations, laws, and Constitution of the United States and the state of Oregon, it shall apply to interstate and intrastate commerce.
(2) This chapter shall not apply to:
(a) The armed forces of the United States or the militia of the state.
(b) The transportation of explosives by rail or by water.
(c) The use of explosives. [Ord. 261 § 3, 1959].
8.15.040 Permit required.
No person may store any explosives unless a permit is first obtained from the council. A revocable permit valid for one year may be issued by the council. [Ord. 261 § 4, 1959].
8.15.050 Application for permit and renewal.
Written application for a permit or for renewal of a permit to store explosives shall be made to the recorder on forms provided by the city. The recorder shall refer the application to the council at the next regular council meeting. [Ord. 261 § 5, 1959].
8.15.060 Consideration of application.
The council may either grant or deny the application for a permit, taking into consideration:
(1) The congestion of persons, the type of buildings, the volume of vehicular traffic, and the topography in the vicinity of the storage area.
(2) The condition and construction of the structure or magazine used or to be used for storage of explosives and the applicable fire zone regulations.
(3) The adequacy of water supply in the storage area.
(4) The American Table of Distances for Storage of Explosives, published by the Institute of Makers of Explosives, September 30, 1955.
(5) Any other factors relevant to public safety. [Ord. 261 § 6, 1959].
8.15.070 Issuance of permit.
In granting a permit, the council may limit the quantity of explosives which may be stored by the applicant and may prescribe in the permit the terms and conditions the council considers necessary for the protection of the public from the dangers of explosion. The recorder shall issue the permit as directed by the council. [Ord. 261 § 7, 1959].
8.15.080 Overnight storage.
No permit may be granted to store or keep over 50 pounds of explosives or over 500 blasting caps any place within the city between the hours of 6:00 p.m. and 7:00 a.m. of the following day. [Ord. 261 § 8, 1959].
8.15.090 Revocation of permit.
The council may revoke a permit:
(1) If conditions considered in granting the permit change at the storage area or in the vicinity and the public is endangered by the storage of explosives as authorized by the permit.
(2) If the permittee is convicted of a violation of this chapter.
(3) If the permittee is convicted for violation of federal or state laws or regulations relating to safety in storing and transporting explosives. [Ord. 261 § 9, 1959].
8.15.100 Hearing on denial or revocation of permit.
Before denying or revoking a permit, the council shall give written notice of its proposed action to the applicant or permittee. If, within 10 days after the date of such notice, a hearing is requested by the applicant or permittee, the council shall fix time within the next 30 days in which it shall hear the objections of the applicant or permittee to the denial or revocation of the permit. Thereafter the decision of the council shall be final. [Ord. 261 § 10, 1959].
8.15.110 Inspections.
It shall be the duty of the fire chief to enforce the provisions of this chapter relating to storage, and he shall regularly inspect buildings where explosives are stored to determine whether storage practices conform to the provisions of this chapter and the limitations imposed by the permit. [Ord. 261 § 11, 1959].
8.15.120 General applicability.
Every motor vehicle transporting explosives shall be operated in compliance with this chapter unless federal or state laws and regulations impose a greater affirmative obligation or a greater restraint, or unless compliance with this chapter would prevent full compliance with federal or state laws or regulations by persons subject thereto. [Ord. 261 § 12, 1959].
8.15.130 Operation of the vehicle.
Persons shall operate motor vehicles transporting explosives with the highest degree of care to decrease the probability of danger to life and property in the following manner.
(1) The vehicle shall not be driven into the following designated areas: in the vicinity of the Myrtle Creek School.
(2) The vehicle shall be driven only upon designated truck routes, except when delivering or receiving explosives off such truck routes, in which event the vehicle shall be driven upon a route prearranged with the chief of police to avoid, whenever possible, congested streets; heavy traffic; bus routes; viaducts; dangerous crossings; and any dwellings, buildings, or places where persons work, congregate, or assemble.
(3) Except when passing, the vehicle shall be kept at least 300 feet behind other motor vehicles transporting explosives moving in the same direction.
(4) The vehicle shall not be driven near fires of any kind burning on or near a street until passage can be made safely. [Ord. 261 § 13, 1959].
8.15.140 Competent person to attend vehicle.
When transporting explosives the vehicle shall be attended by a competent person whose primary duty is to attend the vehicle. Such person shall be within sight of and in close proximity to the vehicle and shall have on his person the appropriate keys for starting the vehicle. Vehicles are deemed unattended when left in care of a person on duty in the regular course of another business such as service station attendants, motel operators, or merchant patrolmen. The police are authorized to move unattended vehicles to a safe place, and to enter premises at any time to remove an unattended vehicle loaded with explosives. [Ord. 261 § 14, 1959].
8.15.150 Parking and stopping restricted.
(1) Except as provided in this section, no person may park a vehicle loaded with explosives in the city for any purpose, and no person may stop such a vehicle for any reason except momentarily to comply with moving traffic laws.
(2) A person may park an attended vehicle for the sole purpose of, and while physically engaged in, loading or unloading explosives from the vehicle, or changing drivers.
(3) No person may refuel a vehicle within the city except in extreme emergency and then only with enough fuel to enable it to proceed to the first refueling point beyond the city. The engine of the vehicle shall be stopped during refueling. [Ord. 261 § 15, 1959].
8.15.160 Disabled vehicles.
(1) If a vehicle transporting explosives is disabled, the driver shall immediately cause notice to be given to the police and fire departments.
(2) The fire chief shall determine whether or not the vehicle may be moved, and where it may be repaired when loaded.
(3) If the disabled vehicle is moved when loaded with explosives, it shall be moved with a police escort to a location where repairs can be made without endangering life or property.
(4) If transfer of the explosives is imperative, persons making the transfer shall employ adequate safety measures under the supervision of the fire and police departments. [Ord. 261 § 16, 1959].
8.15.170 Penalty.
Any person violating any of the provisions of this chapter shall, upon conviction, be punished by imprisonment for not to exceed 180 days, or by a fine not to exceed $500.00, or both. [Ord. 261 § 17, 1959].