6.080 Explosives – Penalty.

(1) Definition. The term explosive or explosives whenever used in this section shall be held to mean and include any chemical compound or mechanical mixture that contains any oxidizing and combustible units, or other ingredients, in such proportion, quantities or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

(a) Exceptions – Small Arms Ammunition or Signal Rockets. Nothing in this section shall be held to mean and include any small arms ammunition or signal rockets, or devices or compositions used to obtain visible or audible pyrotechnic effects.

(2) Manufacture of Explosives. No person shall manufacture any explosives, except that any explosives may be manufactured in the laboratories of colleges and similar institutions for the purpose of investigation and instruction.

(a) Prohibited Explosives. No person shall keep, store, sell, offer for sale, give away, use, transport, or manufacture any of the following explosives in any quantity: liquid nitroglycerine; high explosives containing over 60 percent of nitroglycerine (except gelatin dynamite); high explosives having an unsatisfactory absorbent or one that permits leakage of nitroglycerine under any conditions liable to exist during transportation or storage; nitrocellulose in a dry condition, in quantity greater than 10 pounds in one exterior package; fulminate of mercury in bulk, in a dry condition, and fulminate of all other metals in any condition, except as a component of manufactured articles not hereinafter forbidden; or explosives containing an ammonium salt and a chlorate.

(3) Transportation of Explosives.

(a) Permit Required. No person shall have, keep, use, store or transport any explosives, except under permit therefor issued by the Public Property and Safety Committee and approved by the Fire Chief.

(b) Time Limitations. The permit for transporting explosives shall designate the time when, and may designate the route whereon, the same may be transported.

(c) Carrying of Explosives in Public Conveyance – Prohibited. No person shall transport or carry any explosives in or upon any public conveyance which is carrying passengers for hire.

(d) Warning Signs on Vehicles. Every vehicle while carrying explosives shall have painted on its front, sides and back, in easily legible white letters at least six inches high, the words, “EXPLOSIVE – DANGEROUS,” or in lieu thereof shall display upon an erect pole on the front end of such vehicle, and at such height that it shall be visible from all directions, a red flag with the word “DANGER” printed, stamped or sewn thereon in white letters. Such flag shall be at least 18 inches by 30 inches in size, and the letters thereof shall be at least six inches high.

(e) Driving While Intoxicated or Smoking – Prohibited. No person in charge of a vehicle containing any of such aforesaid explosives shall smoke in or on such vehicle, drive the vehicle while intoxicated, drive the vehicle or conduct themselves in a careless manner, or load or unload such vehicle in a careless manner or while smoking or intoxicated.

(f) Placing or Carrying of Metal in Vehicles – Prohibited. No person shall place or carry or cause to be placed or carried, in the bed or body of any vehicle containing such explosives, any metal tool or other piece of metal.

(g) Placing or Carrying of Detonators, Blast Caps, etc. – Prohibited. No person shall place or carry, or cause to be placed or carried, in the bed or body of any vehicle containing explosives, any exploders, detonators, blasting caps or other similar explosive material, or carry in or upon any such vehicle any matches.

(4) Storage of Explosives.

(a) All explosives must be stored, used and transported in compliance with the requirements of this section, and an accurate record showing the disposition of each container or package of explosives stored, transported or used shall be kept, such record to be subject to inspection by the Fire Chief.

(b) All magazines in which explosives are had, kept or stored must be located outside the City limits.

(c) Blasting caps or detonators of any kind shall not be kept in the same magazine with other explosives.

(d) All magazines must be kept locked except when being inspected or when explosives are being placed therein or being removed therefrom.

(e) All magazines or places where explosives are stored must be kept clean and free from grit, rubbish and empty packages.

(f) Portable magazines shall be made of fireproof material or wood covered with sheet iron and shall be conspicuously marked, “Magazine Explosives.”

(5) Penalty. Any person violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine of not more than $500.00.

[Ord. 09-555 § 8, 2009. Prior code § 6.08]