4.5. SR 10-26-1998~ity of
River
ITEH 4.5.
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Sandra Peine, City Clerk
October 26, 1998
SUBJECT: Amendment to the City Code of
Ordinances Pertaining to Explosives
and Blasting Agents
Attached is an ordinance establishing section 412 of the City Code of
Ordinances pertaining to explosives and blasting agents. The
ordinance requires any person desiring to possess or use explosives
or blasting agents within the City to make application to the Chief of
Police for a permit to do so.
This ordinance was drafted by Attorney Keith Carpenter and
reviewed by the Chief of Police. The Police Chief will be present to
answer any questions of the Council.
ACTION REQUESTED:
Council motion to adopt the attached ordinance amendment.
\\elkriver\sys\shrdoc\council\explosiv.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
ORDINANCE 98-
AN ORDINANCE OF THE CITY OF ELK RIVER
ESTABLISHING SECTION 412 OF THE
CITY CODE OF ORDINANCES
The City Council and the City of Elk River does hereby ordain as follows:
Section 1. That Section 412 of the City of Elk River Code of
Ordinances shall be established in accordance with the following:
SECTION 412 - EXPLOSIVES AND BLASTING AGENTS
412.00 - DEFINITIONS. For purposes of this Section, the
following words and phrases have the meaning given them in this
section.
BLASTING AGENT: any material or mixture:
1. that consists of a fuel and oxidizer;
2. that is intended for blasting;
3. that is not otherwise classified as an explosive;
4. in which none of the ingredients is classified as an
explosive;
5. when a finished product, as mixed and packaged for use or
shipment, that cannot be detonated by means of a number
eight (8) test blasting cap when unconfined. The term
does not include flammable liquids or flammable gases.
CRIME OF VIOLENCE: has the meaning given in Minnesota Statute
Section 624.712, subd. 5, and also includes a domestic assault
conviction when committed within the last three (3) years or
while an order for protection is active against the person,
whichever period is longer.
EXPLOSIVE: any chemical compound, mixture, or device, the
primary or common purpose of which is to function by explosion;
that is, with substantially instantaneous release of gas and
heat, unless the compound, mixture or device is otherwise
specifically classified by the United States Department of
Transportation. The term does not mean or include black powder,
smokeless powder, primers, fuses when used for antique or
replica muzzle loading rifles, pistols, muskets, shotguns, and
cannons or when possessed or used for rifle, pistol, and shotgun
ammunition, nor does it include fireworks as defined in
Minnesota Statute Section 624.20.
412.04 - ISSUANCE TO CERTAIN PERSONS PROHIBITRD
1. Requirement. Any person desiring to possess or use
explosives or blasting agents within the City, other than a
person licensed as provided in Minnesota Statute Section
299F.73, shall make application for a permit for the possession
or use of explosives or blasting agents to the Chief of Police.
2. Contents. The application shall require the applicant's
name, address, purpose for acquiring explosives or blasting
agents, place of intended acquisition, quantity required, place
and time of intended use, place and means of storage until such
use, and whether the applicant is a person to whom no such
permit may be issued pursuant to Minnesota Statute Section
299F.77. The Fire Chief may request a certificate from the
applicant regarding the applicant's knowledge in the use,
handling, and storage of explosives and blasting agents, and may
refuse to issue a permit to any person who does not have
sufficient knowledge to protect the public safety. Any person
aggrieved by the denial of a permit may request a hearing before
the City Council.
3. Notice. Prior to the use of explosives or blasting
agents within the City, the applicant shall notify the Fire
Chief and the Police Chief.
412.04 - ISSUANCE TO CERTAIN PERSONS PROHIBITED
The following persons shall not be entitled to receive an
explosives permit:
1. A person under the age of eighteen (18) years;
2. A person who has been convicted in this State or elsewhere
of a crime of violence, unless ten (10) years have elapsed since
the person's civil rights have been restored or the sentence has
expired, whichever comes first, and during that time the person
has not been convicted of any other crime of violence. For
purposes of this Section, crime of violence includes crimes in
other states or jurisdictions that would have been crimes of
violence if they had been committed in this state;
3. A person who is or has ever been confined or committed in
Minnesota or elsewhere as a "mentally ill, .... mentally retarded,"
or "mentally ill and dangerous to the public" person, as defined
in Minnesota Statute Section 253B.02, to a treatment facility,
unless the person possesses a certificate of a medical doctor or
psychiatrist licensed in Minnesota, or'other satisfactory proof
that the person is no longer suffering from this disability;
4. A person who has been convicted in Minnesota or elsewhere
for the unlawful use, possession, or sale of a controlled
substance other than conviction for possession of a small amount
of marijuana, as defined in Minnesota Statute Section 152.01,
subd. 16, or who is or has ever been hospitalized or committed
for treatment for the habitual use of a controlled substance or
marijuana, as defined in Minnesota Statute Sections 152.01 and
152.02, unless the person possesses a certificate of a medical
doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof that the person has not abused a controlled
substance or marijuana during the previous two years; and,
5. A person who has been confined or committed to a treatment
facility in Minnesota or elsewhere as "chemically dependant," as
defined in Minnesota Statute Section 253B.02, unless the person
has completed treatment.
412 · 06 - TRANSFER
No person shall transfer explosives or blasting agents to
another within the City unless the transferee shall display to
the transferor a copy of a valid storage or use permit issued by
the City or State and proper identification, unless said
transferee shall present to the transferor a signed form
acknowledging receipt of the quantity of explosives or blasting
agents transferred, the identifying numbers of the same
explosives, or if none, the identifying numbers of the primary
container from which the explosives or blasting agents were
distributed, and the serial number of the use permit displayed.
412.08 - L~NAUTHORIZED POSSESSION OF COMPONENTS: PEN~tLTY
Whoever possesses within the City one or more of the components
necessary to manufacture or assemble explosives or blasting
agents, with the intent to manufacture or assemble explosives or
blasting agents, unless said person shall have a valid City or
State permit, may be sentenced to imprisonment for not more than
five (5) years or a payment of a fine of not more than $10,000,
or both.
412.10 - UNAUTHORIZED POSSESSION OF EXPLOSIVES OR BLASTING
AGENTS; PENALTY
1. Possession without License or Permit. Except as provided
in Subd. 2, whoever possesses within the City of Elk River
explosives or blasting agents without a valid permit may be
sentenced to imprisonment for not more than five (5)years or
payment of a fine of not more than $10,000, or both.
2. Possession for Leqitimate Purposes; Penalty. Whoever
possesses within the City of Elk River explosives or blasting
agents commonly used for agricultural, forestry, conservation,
industry, or mining purposes, without a valid permit, with
intent to use the same for legitimate agricultural, forestry,
conservation, industry, or mining purposes, and in only such
quantities as are reasonably necessary for such intended use,
may be sentenced to imprisonment for not more than ninety (90)
days or to a payment of a fine of not more than $700, or both.
412.12 - ILLEGAL TRANSFER
1. Penalty. Except as provided in Subd. 2, whoever illegally
transfers an explosive or blasting agent to another within the
City of Elk River may be sentenced to imprisonment for not more
than five (5) years or payment of a fine of not more than
$10,0000, or both.
2. Penalty; Legitimate Purposes. Whoever illegally transfers
within the City of Elk River explosives or blasting agents
commonly used for agricultural, forestry, conservation,
industry, or mining purposes to another, personally known to the
transferor, in the belief that the same shall be used for
legitimate agricultural, forestry, conservation, industry, or
mining purposes, and in only such quantities as are reasonably
necessary for such believed use, may be sentenced to
imprisonment for not more than ninety (90) days or to a payment
of a fine of not more than $700, or both.
412.14 - NEGLIGENT DISCHARGE
Whoever, acting with gross disregard for human life or property,
negligently causes an explosive or blasting agent to be
discharged may be sentenced to imprisonment for not more than
ten (10) years or payment of a fine of not more than $20,000, or
both.
412.16 - HANDLING WHILE INFLUENCED BY ALCOHOL OR DRUG
1. Prohibition. A person shall not handle or use explosives
or blasting agents while under the influence of alcohol or
controlled substances as defined by Minnesota Statute 169.121,
subdivision 1.
2. Penalty. Whoever handles or uses an explosive or blasting
agent while under the influence of alcohol or a controlled
substance is guilty of a misdemeanor and may be sentenced to
imprisonment for not more than ninety (90) days or payment of a
fine of not more than $700, or both.
Section 2. That this ordinance is effective upon approval by the City
Council and publication as required by law.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Peine, City Clerk
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