Ordinance No. 08-1


Table of Contents

Section 1. Scope.

This ordinance shall apply to the manufacture, keeping, having, storage, sale, transportation, and use of explosives and blasting agents. It shall not apply to the sale and use of pyrotechnics, commonly known as fireworks.

Section 2. Exceptions.

This ordinance shall not apply to the following commodities and items:

(a) stocks of small arms ammunition; propellant-actuated power cartridges; small arms ammunition primers in quantities of less than 1,000,000; and smokeless propellant in quantities of less than 750 pounds;

(b) non-explosive safety fuses, fuse lights, and fuse igniters;

(c) the sale or transfer of black powder or other commonly used nonsmokeless propellant in individual transactions involving quantities of 5 pounds or less when used for muzzle loaded sports equipment or used in the hand loading of sports equipment.

(d) legal fireworks as defined under Minnesota Statutes.

Section 3. Definitions.

In this ordinance, the 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 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.

(b) “Explosives” shall mean all material which is classified as Class A, Class B, and Class C explosives by the United States Department of Transportation, and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, and cordeau detonant fuses.

(c) “Highway’ shall mean any public street, public alley, or public road.

(d) “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.

(e) “Magazine” shall mean any building or structure, other than an explosives manufacturing building, approved for the storage of explosives.

(f) “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.

(g) “Propellant-actuated power device” 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.

(h) “Person” shall mean any individual, firm, co-partnership, corporation, company, association, joint stock association, and including any trustee, receiver, assignee, or personal representative thereof.

(i) “Public conveyance” shall mean any railroad car, street, car, ferry, cab, bus, airplane, or other vehicle which is carrying passengers for hire.

(j) “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.

(k) “Small arms ammunition” shall mean any shotgun, rifle, pistol, or revolver cartridge, and cartridge for propellant-actuated power devices and industrial guns. Military-type ammunition containing explosive bursting charges, spotting or pyrotechnic projectiles is excluded form this definition.

(l) “Small arms ammunition primers” shall mean small percussion-sensitive explosive charges, encased in a cup, used to ignite propellant powder.

(m) “Smokeless propellants”, are commonly called smokeless powers in the trade and are used in small arms ammunition, cannon, rockets, propellant-actuated power devices, etc.

(n) “Special industrial explosive devices” shall mean explosive-actuated power devices and propellant-actuated power devices.

(o) “Special industrial explosives materials” shall mean shaped materials and sheet forms and various other extrusions, 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 dismemberment and quick reduction of scrap metal.

Section 4. 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 by Section 1, within the City of Mazeppa without having a permit in his possession.

(a) Such a permit shall be used only by the City Clerk, upon approval by the City Council.

(b) Any person desiring a permit as required by this section shall make application therefor in writing to the City Clerk on such forms as the City Council may prescribe.

(c) Before any permit is issued by the Clerk, he shall notify the Chief of the Fire Department that such permit is desired. Upon receipt of such 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 store 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 10 years of a felony or gross misdemeanor or anyone who is presently under indictment for any such crime; or

2) has been within the past 10 years convicted of a crime in which the use, possession, or sale of narcotics or illicit drugs was an element; or

3) has been treated within the past 10 years for addition 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 addition, 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 10 years treated for alcohol addition, admitted to any hospital or institution for treatment of alcohol addition, or certified by a licensed medical doctor as being addicted to alcohol; or

5) has been within the past 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 10 years acquitted of any criminal charge by reason of insanity; or

7) is not 21 years of age at the time when application for such permit is made.

(e) If the Council grants the permit, the Clerk shall 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 60 days.

Section 5. Permit Application.

The application for a user’s permit shall be sworn to by the application and shall contain the following information:

(a) name 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 the storage security measures provided at the storage and use sites;

(d) the applicant’s intended use for explosives he purchases pursuant to any permit that may be issued to him;

(e) all such additional information as may be prescribed by the City Council in determining whether the applicant is qualified pursuant to Section 3 of this ordinance to possess such permit.

Section 6. Permit Revocation.

A permit may be revoked or suspended at any time by order of the City Council for any violation of the provisions of this ordinance or upon the creation or existence of any condition which would, in the opinion of the Chief of the Fire Department, create or tend to create a serious fire hazard.

Section 7. 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 8. Seller’s Record.

Every person selling or giving away any explosives covered by this ordinance shall keep at all times an accurate record in a bound book, of all such explosives handled by him, indicating a detailed account of:

(a) date of each transference of explosives;

(b) amount of each such transference;

(c) name and address of each purchaser or transferee;

(d) manufacturer of the explosives being transferred;

(e) the type of and any identification numbers of explosives being transferred;

(f) explosives owner’s or user’s permit number;

(g) intended place of storage of the explosive by the purchaser 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 times be open to the inspection of the Chief of the Fire Department and all duly constituted law enforcement officials of the City of Mazeppa. In addition, on the first day of every month the seller or transferor shall make a report to the Chief of the Fire Department of the transactions which took place that month.

Section 9. 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 transportation of blasting agents and explosives.

Section 10. 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 communication 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. Penalty.

Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor.

Section 12. 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 other than the part so declared to be invalid.