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(A) General. This section shall apply to the manufacture, keeping, storage, sale, transportation and use of explosives and blasting agents, and 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 by the Armed Forces of the United States and of the National Guard;
(3) Transportation and use in the normal and emergency operations of federal agencies or state and municipal fire and police departments; provided that, they are acting in their official capacities and in the proper performances of their duties;
(4) Stocks of small arms ammunition, propellant-actuated power cartridges, small arms ammunition primers in quantities of less than 1,000,000 units, smokeless propellant in quantities of less than 750 pounds;
(5) Explosive actuated power devices when in quantities of less than 50 pounds net weight of explosive;
(6) Fuse lighters and fuse igniters;
(7) Safety fuse not inclusive of cordeau detonant fuse and three-thirty-seconds inch cannon fuses or matchlock fuses (slow match); and
(8) The sale of black powder or other commonly used smokeless propellant in individual transactions involving quantities of five pounds or less when used for muzzle-loaded sporting equipment or arms.
(B) Mandatory permits for acquisition and use.
(1) It shall be unlawful for any person without a special permit to acquire, possess, use, sell or handle any explosive or explosive device. Such permit shall only be issued by action of the City Council. Any person desiring a permit shall make written application to the Council on such forms as may be prescribed.
(2) Before a permit is issued, the Council shall order the Police Chief to inspect the premises upon which the applicant wishes to store, handle or use the explosives. If the Police Chief is satisfied that a serious fire hazard will not be created and that the applicant plans to store and use the explosives as stated in this section, the Police Chief after conferring with the Fire Chief shall return the application to the Council with recommendations.
(3) The City Council shall deny the issuance of any such permit if any of the following apply to the person:
(a) The person has been convicted within the past ten years of a felony or gross misdemeanor involving moral turpitude or anyone who is presently under indictment for any such crime;
(b) The person has, within the past ten years, been convicted of a crime in which the use, possession or sale of narcotics or illicit drugs was an element of the crime;
(c) The person has, within the past ten years, been treated for addiction to narcotics, illicit drugs or alcohol, has been admitted to any hospital or institution for such treatment or has been certified by a licensed medical doctor as being addicted thereto;
(d) The person has, within the past ten years, been admitted to any hospital or institution for the treatment of mental illness or deficiency, has been certified by a licensed medical doctor as being mentally ill or deficient or has been acquitted of any criminal charge by reason of insanity;
(e) The person has not reached the age of legal majority at the time when such application is made;
(f) If any public safety hazard may exist; or
(g) If after a permit is issued, the Fire Chief and/or Police Chief may revoke a permit for any public safety hazard found after a permit has been issued.
(C) Permit application, revocation and transfer.
(1) The application for a permit shall be sworn to by the applicant and shall contain, as a minimum, the following information:
(a) The name, address and date of birth of the applicant;
(b) The location where the applicant intends to use, store or handle the explosives and the security measures to be provided;
(c) The intended uses for which the permit is applied for;
(d) Any other information as prescribed by the Council; and
(e) Must answer all questions raised in divisions (B)(3)(a), (B)(3)(b), (B)(3)(c), (B)(3)(d) and (B)(3)(e) above.
(2) A permit may be suspended by the Chief of Police and revoked by the Council for any violation of the provisions of this section or of other pertinent and related provisions of federal, state or local law, or upon the creation or existence of any condition which would, in the Council’s opinion, create or intend to create a serious hazard.
(3) It shall be unlawful for any person to sell, transfer or give away any explosive or blasting agent to anyone who does not possess and exhibit to the seller or giver a valid permit issued pursuant to this section.
(D) Seller’s records.
(1) Any person selling or giving away explosives covered by this section shall at all times keep an accurate and updated record in a bound book of all explosives handled by said person. Upon demand, this person must exhibit such record to the Council or other authorized representative. The record must give a detailed account of the following:
(a) The date of each transference and volume amount of the same;
(b) The name and address of each purchaser or transferee;
(c) The name of the manufacturer of the explosive(s) being transferred;
(d) Type, identification and lot numbers of the explosives;
(e) An explosives owner’s or user’s permit number;
(f) An explanation of the intended place of storage and use by the purchaser;
(g) The security measures provided at storage and use sites; and
(h) The security measures during transfer and transporting of the explosives.
(2) In addition, on the first day of each month, the holder of the permit shall make written report to the city of all transportation and transferral of explosives and shall include copies of those pages of the records which pertain to the previous month’s transactions.
(E) Storage and security requirements. Any person issued a permit under this section shall maintain safety and security features of all storage facilities in a manner prescribed by the rules and regulations of the state’s Fire Marshal.
(F) Theft reporting. Any person who incurs a loss, theft or attempt of theft shall immediately inform the Police or other properly designated authority of the loss, the amount missing and the approximate time of the occurrence.
(1994 Code, § 6-3.7) Penalty, see § 94.99