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Ordinance 042w VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 42 AN ORDINANCE REGULATING THE MANUFACTURE, STORAGE, HANDLING, USE AND SALE OF EXPLOSIVES AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE COUNCIL OF THE VILLAGE OF CHANHASSEN ORDAINS: Section 1. Scope. 1.01 This ordinance shall apply to the manufacture, keeping, having, storage, sale, transporation, and use of explosives and blasting agents. 1.02 It shall not apply to the following: (a) Transportation of explosives or blasting agents when under the jurisdiction of and in compliance with the regulations of the Federal Department of Transportation. (b) Shipment, transportation and handling of military ex- plosives by the Armed Forces of the United States and the State Militia. (c) Transportation and use of explosives or blasting agents in the normal and emergency operation of federal agencies or state or municipal fire and police depxtments , pro- viding they are acting in their official capacities and in the proper performance of their duties. (d) Sale and use (public display) of pyrotechnics commonly known as fireworks. 1.03 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, smokeless propellant in quantities of less than 750 pounds. (b) Explosive actuated power devices when in quantities of less than 50 pounds net weight of explosives. • • Section 2. (c) Fuse lighters and fuse igniters. (d) Safety fuse (safety fuse does not include cordeau detonate fuse) , and 3/32 inch cannon fuses or matchlock fuses (slow match) . (e) The sale or transfer of black powder or other commonly used non -smokeless propellant in individual transactions involving quantities of five (S) pounds or less when used for muzzle loaded sports equipment or used in the hand - loading of sports equipment. Definitions. In this ordinance, the following words are used as hereinafter defined below: 2.01 Blasting agent shall mean any material or mixture consisting of a fuel and oxidizer, intended for blasting, not otherwise classi- fied 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. A No. 8 test blasting cap is one containing two grams of a mixture of 80% mercury fulminate and 20% potassium chlorate, or a cap of equivalent strength. 2.02 Explosive -actuated power devices shall mean any tool or special mechanized device which is actuated by explosives, but not to including propellant -actuated power devices. Examples of explosive -actuated power devices are jet tappers and jet perforators. 2.03 (Explosive or explosives shall mean any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion, i.e. , with substantially instantaneous release of gas and heat, unless such compound, mixture or device is other wise specifically classified by the DOT (formerly ICC) . The term 'Explosives' shall include all material which is classified as Class A, Class B and Class C explosives by the DOT (formerly ICC) , and includes, but is not limited to, dyna- mite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps , safety fuse, fuse lighters , fuse igniters, squibs, cordeau detonant fuse, instantaneous fuse, igniter cord, igniters, small arms ammunition, small arms • -2- • • • ammunition primers, smokeless propellant, cartridges for propellant actuated power devices and cartridges for indus- trial guns, and some special fire works. Commercial explosives are those explosives which are intended to be used in commercial or industrial operations. NOTE 1. ClassificLtion of explosives is described by the Department of Transportation, DOT (formerly Interstate Commerce Commission, ICC) as follows: (a) Class A Explosives. Possessing, detonating or other- wise maximum hazard; such as dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black powder, blasting caps, and detonating primers. (b) Class B Explosives. Possessing flammable hazard, such as propellant explosives (including some smokeless pro- pellants) , photographic flash powders, and some special fireworks. (c) Class C Explosives. Includes certain types of manufactured articles which contain Class A or Class B explosives, or both, as components but in restricted quantities. (d) Forbidden or Not Acceptable Explosives. Shall mean explosives which are forbidden or not acceptable for transportation by common carriers, by rail freight, rail express, highway or water in accordance with the regu- lations of the DOT (formerly ICC) . 2.04 Magazine shall mean any building or structure, other than an explosives manufacturing building, approved for the storage of explosives. 2.05 Motor vehicle shall mean any self-propelled vehicle, truck, tractor, semi -trailer, or truck -full trailers used for the trans- portation of freight over public highways. 2.06 Propellant -actuated power devices 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. 2.07 Person shall mean any individual, firm, partnership, corporation, company, association, joint stock association, and includes any trustee, receiver, assignee or personal representative thereof. is _3_ • • • • 2.08 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 pyro- technic projectiles is excluded from this definition. 2.09 Small arms ammunition primers shall mean small percussion - sensitive explosive charges, encased in a cup, used to ignite propellant powder. 2.10 Smokeless propellants. Smokeless propellants, commonly called smokeless powders in the trade, used in small arms ammunition, cannon, rockets, propellant -actuated power devices, etc. 2.11 Special industrial explosive devices shall mean explosive - actuated power devices and propellant -actuated power devices. Section 3. Mandatory Permits for Acquisition and Use. 3.01 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 Village of Chanhassen without having a permit in his possession. Such a permit shall be issued only by the Village Clerk, upon approval of the Village Council. 3.02 Any person desiring a permit as required by this section shall make application therefor in writing to the Village Clerk on such forms as the Village Council may prescribe. 3.03 Before any permit is issued by the Clerk he shall notify the Chief of the Fire Department and Chief of Police that such permit is desired. Upon receipt of such notification the Fire Chief and Police Chief shall inspect the premises upon which the applicant desires to store, handle and use the explosives set forth in the application and if they are 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, they shall endorse their approval upon said application and return it to the Clerk who shall present the same to the Council. 3.04 The Council =deny the issuance of any such permit to anyone who: (a) Has been convicted within the past ten (10) years of a felony or gross misdemeanor involving moral turpitude or anyone who is presently under indictment for any such crime; or (b) Has been within the past ten (10) years convicted of a crime in which the use, possession or sale of narcotics or illicit drugs was an element; or (c) Has been treated within the past ten (10) years for addiction 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 addiction, or has been within such time period, certified by a licensed medical doctor as being addicted to narcotic or illicit drugs; or (d) Has been within the past ten (10) years, treated for • alcohol addiction, admitted to any hospital or institution for treatment of alcohol addicition, or certified by a licensed medical doctor as being addicted to alcohol; or 0 (e) Has been within the past ten (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 (f) Has been within the past ten (10) years acquitted of any criminal charge by reason of insanity; or (g) Is not twenty-one (21) years of age at the time when application for such permit is made. 3.05 If the Council grants the permit the Clerk shall, upon receipt of a fee of �"",� n/ Dollars ($ / / / O / , prepare and deliver to said applicant such permit as is re- quested in said application, providzd, that no shall be granted for a period exceeding , 4 0 \J • Rar-rti nn 4 4.01 Section 5. • Permit Application. The application for a user's permit shall be sworn to by the applicant 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; and (e) All such additional information as may be prescribed by the Village Council in determining whether the applicant is qualified pursuant to Section 3 of this ordinance to possess such permit. Permit Revocation. 5.01 A permit may be revoked or suspended at any time by order of the Village Council for any violation of the provisions of this ordinance or upon the creation or existence of any condition which would be in the opinion of the Chief of the Fire Depart- ment or Chief of Police create or tend to create a serious fire hazard. Section 6. May Not Transfer to Unauthorized Person. 6.01 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 7. Seller's Record. 7.01 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 transfer of explosives; NIM • • (b) Quantity of each such transfer; (c) Name and address of each purchaser or transferee; (d) Manufacturer of the explosives being transferred; (e) The type of and all 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. 7.02 Such record book shall at all times be open to the inspection of the Chief of the Fire Department and Chief of Police and all duly constituted law enforcement officials of the Village of • Chanhassen. In addition, on the first day of every month the seller or transferor shall make a report to the Chief of the Fire Department and Chief of Police of the transactions which took place that month. Section 8. Storage and Security Requirements. 8.01 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 9. Report of Thefts. 9.01 Any person who has explosives in his possession and who incurs a loss or theft of all or a portion thereof upon discovery of such loss or theft shall immediately, and in no event longer than twenty- four (24) hours from the time of discovery, inform the office of the Chief of Police of the loss or theft, the amount missing and • the approximate time of the occurrence. or 0 0 Section 10 . Bomb Threats. 10.01 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 communi- cation 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. 11.01 Any person who shall violate any provision of this ordinance shall upon conviction thereof be punished by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment for a period of not more than ninety (9 0) days, or both, for each such offense. Section 12. Severability. The contents of this ordinance are declared to be severable and should any section, clause, paragraph or provision hereof by de- clared 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. Section 13. Effective Date. This ordinance shall take effect and be in force from and after its publication. Adopted this 28th day of September , 1970. ATTEST: CLERK 0 A) �c MAY( -8- is SUN EWS PAPERS AFFIDAVIT OF PUBLICATION EXCELS IOR-DEEPHAVEN MINNETONKA SUN 348 -2nd Street State of Minnesota County of Hennepin SS. Excelsior, Minnesota R. P. WANDER, being duly sworn, on oath says he is and during all times here stated has been the secretary and printer of the newspaper known as The Excelsior-Deephaven-Minnetonka Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75(;'o of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post -office. (5) Said newspaper purports to serve the Villages of Excelsior and Deephaven in the County of Hennepin and it has its known office of issue in the Village of Excelsior in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two .years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed 012"dinar- a 2"iT hereto attached as a part thereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for_ successive weeks: that it was first so published onurthe— 12thday 19 7 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghijklmnopgrstuvwxyz abcdefghi jklmnopgrstuvwxvz Subscribed and sworn to before me this— 12th day of Noy' • , 19_.7x0. (Notarial Seal) Alice J. Nelson, Notary Public, Hennepin County, Minn. My Commission Expires December 26, 1973 (Official Publication) VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 43 AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE AGE OF EIGHTEEN YEARS ON STREETS OR IN PUBLIC OR QUASI -PUBLIC PLACES BETWEEN CERTAIN HOURS, DEFINING THE DUTIES OF PARENTS AND OTHERS IN THE CARE OF MINORS, AND PROVID-ING FOR ARREST AND PENALTIES FOR VIOLATION THEREOF. THE COUNCIL OF THE VILLAGE OF CHANHASSEN ORDAINS: SECTION 1. (a) It shall be unlawful for any minor under the age of 16 ,years to be on or to be present in any public street, alley, park or other public or quasi -public place in the Vil- lage of Chanhassen between the hours of 9:30 p.m. and 5:00 a.m. of the following day, offi- cial Village time, unless accompanied by the parent or guardian of the minor, or person having lawful custody and control of the minor, or unless there exists a reasonable j necessity therefor. The fact that any such minor, unaccompanied by parent, guardian, or other person having legal custody, is found upon any street, alley, or public or quasi -pub- lic place after 9:30 p.m. or before 5:00 a.m. of the following day, shall be prima facie evidence that said minor is there unlawfully and that no reasonable necessity exists there- for. (b) It shall be unlawful for any minor of the ages of 16 and 17 years to loiter on or about any public street, alley, park or other public or quasi -public place in the Village of Chanhassen between the hours of 11:30 p.m. and 5:00 a.m. of the following day, official Village time. (c) A quasi -public place is defined as being an area in private owndrship which is established for the convenience of members of the public as invitees or business visitors and shall include, but shall not be limited to, parkingl lots, business establishments, shop- ping center areas and school and church grounds. SECTION 2. It shall be unlawful for any parent, guardian or other person having the lawful care, custody or control of any minor under the age of 18 years to allow or permit any such minor to violate the provisions of this ordinance. SECTION 3. It shall be unlawful for any person, firm or corporation operating or in charge of any place of amusement, entertain- ment or refreshment, or other place of busi- ness, to permit any minor under the age of 18 years to loiter in such place during the hours prohibited by this ordinance. SECTION 4. This ordinance shall not be construed as permitting the presence at any time of any person under 18 years in any place where his presence is now prohibited by any existing law or ordinance. SECTION 5. Wherever the owner or person in charge or in control of any place of amuse- ment, entertainment, refreshment, or other place of business shall find a minor under the age of 18 ,years loitering in such place of business during the hours prohibited by this ordinance, he shall immediately order such minor to leave, and if such minor refuses to leave the said place of business, the operator shall immediately inform the Police Depart- ment of the violation. SECTION 6. Any member of the police force is authorized to arrest any person or persons violating the provisions of this ordi- nance. SECTION 7. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding ;300.00 or by imprisonment for a period not exceeding ninetv days. SECTION 8. Ordinance No. 13, passed November 6, 1967, is hereby repealed. SECTION 9. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the Council this 2nd day of November, 1970. EUGENE COULTER Mayor ATTEST: ADOLPH TESSNESS Clerk ( Nov. 12, 1970)—Ex & Carv.