HomeMy WebLinkAbout01283
CITY OF IRWINDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 12
AN ORDINANCE REGULATING THE STORAGE AND TRANSPORTATION OF
EXPLOSIVES IN THE CITY OF IRWINDALE.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN
AS FOLLOWS:
SECTION 1. The term "explosive" and "explosives"
whenever used in this Ordinance include blasting caps or
other detonating or fulminating caps or detonator or elect-
ric caps, gun powder, blasting powder, dynamite, and every
other explosive substance having a power equal to or great-
er than that of ordinary black powder, but do not include
said substances in the form of fixed ammunition for small
arms.
SECTION 2. No person, firm or corporation shall
have, keep or store in any place, house or building in
the City of Irwindale, more than twenty pounds of explo-
sive, unless such explosive is enclosed in tight metal
or wooden receptacles or containers, and kept in a safe
place and away from any fire or artificial light other
than incandescent electric light. No person having any
explosive in his possession shall allow or permit any
grains, particles or portions thereof to be or remain
on or about the receptacles or containers in which such
explosive is contained. No person shall drop, throw or
leave any lighted match, cigar, cigarette stub or pipe
ashes within ten feet of any receptacle or container con-
taining any explosive.
SECTION 3. No quantity of explosives in excess
of five hundred pounds shall be kept or stored at any
place within a distance of one-quarter of a mile from any
house used in whole or in part for the habitation of hu-
man beings or from any church, school house or other
public building or building used as a place of public
assembly, or from any highway used by the public for travel.
SECTION 4. No quantity of explosives in excess
,. of two thousand pounds shall be kept or stored at any
place within a distance of one-half mile from five or
more houses used in whole or in part for the habitation
of human beings, or from any church, school house or other
public building or building used as a place of public
assembly, or from two or more highways used by the public
for travel, unless between such place of storage and all
such houses, churches, school houses and other public
buildings and buildings used as a place of public assembly
and public highways there shall be natural or artificial
barriers formed by hills or embankments of earth suffi-
cient in height and thickness to deflect the force of any
explosion and prevent serious injury to any such house,
church, school house or other public building or building
used as a place of public assembly , or to persons in
or about the same, or to persons traveling upon such
highways, in case of explosion of the whole quantity
of explosives stored in such place.
SECTION 5. No quantity of explosives in excess
of one hundred pounds shall be stored or kept in any place,
house or building in the City of Irwindale without a permit
therefor from the City Council of said City, nor unless
said explosives are contained in a magazine situated,
constructed, operated and maintained in the manner des-
cribed in Section 6 of this Ordinance.
SECTION 6. The magazine referred to in this
Ordinance must be an underground pit with a fireproof
roof, or an underground tunnel with fireproof end wall,
or a building detached from any other building and
wholly constructed of brick, stone or other fireproof
material; but no underground magazine shall be used for the
storage of any explosive containing or manufactured in
whole or in part from nitroglycerine. Such magazine must
have no openings except for ventilating and entrance,
and when said entrances are not in use, they must be closed
with fireproof doors which must be kept locked. Every
such magazine shall have sufficient openings for the vent-
ilation thereof, which said openings must be screened in
such manner as to prevent the entrance of sparks or fire
through the same. Upon every such magazine there must be
conspicuously posted a sign with the words "MAGAZINE OF
EXPLOSIVES - DANGEROUS" legibly printed thereon, in letters
not less than six inches high. No fire or light of any
kind shall be permitted in any such magazine except an
incandescent electric light. No package of explosives
shall be opened in any magazine, nor shall any opened
package of explosives be kept therein.
SECTION 6.1. Any person, firm, or corporation
proposing to keep or store any quantity of explosives
in excess of one hundred pounds in any place, house or build-
ing in the territory of the City of Irwindale, shall file
a request for a permit with the City Planning Commission,
accompanied by a fee of ten dollars.
SECTION 6.2. If an application to store any
quantity of explosives to be accompanied by an affidavit
in writing to the effect that no house used in whole or
in part for the habitation of human beings, no church,
school house, or building used as a place of public assem-
bly, and no highway used for travel by the public is with-
in a distance of one-half mile from the proposed location,
or if an application for a permit to store not over one
hundred thousand pounds of explosives be accompanied by
an affidavit in writing to the effect that the proposed
location is a magazine situated, constructed, operated
and maintained in the manner described in Section 6 of this
Ordinance, and located at a place not less than one quarter
of a mile distant from any house, used in whole or in part
for the habitation of human beings, or from any church,
school house, or other public building or building used
as a place of public assembly, or from any highway used
for travel by the public, and separated from all such houses,
churches, school houses, public buildings, and buildings
"R
W
used as places of public assembly, and highways within
two miles thereof by natural or artificial barriers
formed by hills or embankments of earth sufficient in
height and thickness to deflect the force of any explo-
sion and prevent serious injury to any house, church,
school house or other public building or building used
as a place of public assembly or to persons in or about
the same, or to persons traveling upon any such highway,
in case of explosion of the whole quantity of explosives
stored at such place, and the truth of the affidavit is
verified by the Commission, a report thereof shall be re-
ferred by the Commission to the City Council. Upon re-
ceiving such report, the City Council shall issue, as of
course, a permit to store the amount of explosives re-
quested in the application in the magazine specified in
the affidavit.
SECTION 6.3. If the application is for a permit
to store explosives for not more than three months and
there is no permit in force for that location, or if the
application is to renew an existing permit granted before
the effective date of this section or granted after a
hearing, the City Planning Commission may investigate the
place where it is proposed to keep the explosives, and the
location of all buildings in the vicinity thereof, and make
its recommendation as hereafter provided without a public
hearing.
SECTION 6.4. If the application is for the re-
newal of an existing permit which permit was granted after
the effective date of this section without a hearing,
or for a new permit for a period exceeding three months,
or for a new permit for storage and sale of explosives,
and no affidavit has been filed pursuant to Section 6.2
of this Ordinance or the City Planning Commission find
such affidavit to be in error, the applicant shall deposit
with the City Planning Commission such sum as the Commission
estimates is ample to defray the cost of publication and
mailing as provided for in this Ordinance.
SECTION 6.5. Where a deposit is made, pursuant
to Section 6.4 of this Ordinance, the Commission shall
fix a time not over thirty days after the making of such
deposit and place for a public hearing thereon before the
Commission.
SECTION 6.6. Not less than five days prior to
the hearing, the City Planning Commission shall publish
a copy of a notice of the time and place of the hearing
at least once in a newspaper of general circulation in
the County of Los Angeles. The Commission shall also,
not less than five days prior to the date of the hearing
mail a post card notice to the owners of all property with-
in a distance of five hundred (500) feet from the exterior
boundaries of the proposed location and the owners of such
other property as in its judgment might be affected thereby.
SECTION 6.7. The Commission shall notify imme-
diately the Sheriff of every application for a permit to
keep or store explosives. Such notification shall state
the contents of any affidavit filed pursuant to Section 6.2.
Be)
SECTION 6.8. Where a public hearing is to be
held, the City Planning Commission shall notify the Sher-
iff of the time and place thereof.
SECTION 6.9. Where an affidavit has been filed
pursuant to Section 6.2, the Sheriff, within ten days
after receipt of notification of the contents thereof,
if so requested by the City Planning Commission, shall
notify the Commission as to the correctness thereof.
SECTION 7. Unless a permit is to be issued as
of course pursuant to Section 6.2 of this Ordinance, prior
to the date, set for public hearing on the granting of a
permit if a public hearing is to be held, otherwise with-
in ten days after receipt of a copy of the application
for a permit, the Sheriff shall furnish to the City
Planning Commission a report thereon as to whether or not
in his opinion explosives in the amounts and kinds mentioned
in the application can be kept at the place proposed with-
out danger of serious injury to persons other than those
employed in or about the magazine, or to property other
than that of the applicant.
SECTION 7.1. At the time and place fixed for the
hearing on the application the City Planning Commission
shall hear the same and any protests thereto, and upon
the evidence and other matters brought to its attention
during the hearing, including the Sheriff's report, shall
make findings determining whether or not explosives in the
amounts and kinds mentioned in the application can be kept
at the place proposed without danger of serious injury to
persons other than those employed in or about the magazine,
or to property other than that of the applicant.
Where no hearing is required, the Commission
shall make similar findings based upon its investigation
or the investigation of its staff of the place where it
is proposed to keep the explosives, and upon the report
of the Sheriff.
SECTION 7.2. The City Planning Commission shall
report its findings, and its recommendations based thereon
to the City Council.
The recommendation shall be accompanied, if a
hearing has been held, by a transcript of the testimony
received thereat. The City Planning Commission may re-
commend any one of the following:
(a) That the permit be denied;
b That the permit be granted;
c That the permit be granted with such restri-
ctions or conditions deemed necessary by the Commission
to prevent the storage of explosives from becoming dang-
erous to life or property.
SECTION 7.3. Upon receiving the recommendation
and transcript from the City Planning Commission, the
City Council shall determine whether or not explosives
in the amounts and of the kinds mentioned in the application,
or, if the Commission has recommended the granting of a
permit for the storage of a lesser amount, of such lesser
amounts, can be kept at the place proposed without danger
of serious injury to persons other than those employed
in or about such magazine, or to property other than that
A%,
0
of the applicant. If it determines that explosives can
be so kept it shall grant to the applicant a permit to
keep and store explosives of the kinds, to the amounts,
and at the place mentioned in the application, or re-
commended by the City Planning Commission, otherwise it
shall refuse the permit.
The City Council shall not grant any permit for
the storage of explosives in violation of the provisions
of Sections 3 and 4 of this Ordinance.
SECTION 7.4. The City Planning Commission shall
keep a permanent and accurate account of all deposits re-
ceived under this ordinance, giving the name of the appli-
cant upon whose account the money was deposited, the date
and amount thereof, together with the premises to which
they relate. If the actual cost of publication and mail-
ing in this Ordinance provided for is more than the amount
which was deposited for that purpose, the applicant shall
deposit the deficiency. If the cost is less than the amount
which was deposited for that purpose, the applicant shall
be entitled to a refund of the unused balance. A request
for this refund shall be made to the Commission on a form
prepared and furnished to the Commission by the City
Manager, which shall be completely filled in and signed
by the applicant. Upon the presentation of such a request
the Commission shall determine the right of the applicant
to a refund, and such refund shall then be paid in the
same manner as provided by law for the repayment of trust
moneys.
SECTION 7.5. All fees and deposits required by
this Ordinance are in addition to any license fee for
fees which may now or hereafter be required by any statute
or other Ordinance.
SECTION 7.6. The City Council may for good cause
revoke any permit granted by it under this Ordinance,
after giving the holder thereof not less than five days'
written notice of such proposed revocation, and an oppor-
tunity to appear before the Council or in the discretion
of the Council, before the City Planning Commission in
opposition thereto. If the hearing is before the Comm-
ission it shall recommend to the Council the revocation,
suspension, or retention of the permit, in the same manner
as provided for recommendations, on applications for per-
mits. No person, firm or corporation having a permit
for the storage of explosives at any place shall keep or
store at such place any greater amount or other kind of
explosives than are authorized by such permit.
14 SECTION 8. No blasting caps or other detonating
or fulminating caps or detonators or electric fuses shall
be stored or kept in the same magazine or place in which
any other explosive is kept or stored.
SECTION 9. No explosive shall be transported,
carried or conveyed upon any car or other vehicle operated
by a common carrier, which car or vehicle is carrying
passengers for hire. No explosive shall be transported in
any wagon or vehicle that does not have side and end boards;
nor shall any explosive be piled in or on any wagon or
M
vehicle in which the same is to be transported above the
level of the side and end boards of said wagon or vehicle,
or in such manner that the same shall be free to slide
or roll within such wagon or vehicle. No person shall
transport any explosive that is piled above the level
of the side and end boards of the wagon or vehicle in
which the same is to be transported, or that is not block-
ed or fastened in such manner as to prevent the same from
sliding or rolling within such wagon or vehicle.
40+,
SECTION 10. Nothing contained in Sections 3,
4, 5, 6, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6 6.7, 6.85 6.91
7, 7.1, 7.2, 7.3, 7.4, 7.5, 7. 6, and � of this Ordinance
shall apply to any explosive in transit in railway cars
or other vehicles, or to any explosive awaiting trans-
portation in or delivery from a railway car or other ve-
hicle, or to the transfer of any such explosive from a
car of one railway company to a car of a connecting rail-
way company, provided that the car or other vehicle in
which said explosive is being transported or is await-
ing transportation or delivery shall be kept locked or
guarded; and provided further that the time during which
such explosive is kept waiting transportation or delivery
shall not exceed twenty-four hours.
SECTION 11. Any person, firm or corporation
violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and shall, upon con-
viction thereof, be punishable by a fine of not more than
five hundred dollars, or by imprisonment in the County
Jail for a period of not more than six months, or by both
such fine and imprisonment.
SECTION 12. Every person selling, giving away,
or delivering explosives within the area of this City shall
keep the record of sale of explosives required by law in
quadruplicate on forms to be furnished by the Sheriff.
In addition to the information required by law in such record
such persons shall record the make and license number of
the truck or car used in transporting such explosives.
Two copies of such record shall be immediately mailed to
the Sheriff of Los Angeles County, one copy shall be de-
livered to the purchaser or his agent, and one copy re-
tained by the seller. The purchaser shall keep his copy
stored with the explosives at all times until completely
used.
SECTION 13. Each person, firm, or corporation, AV*
municipal or public corporation or district, transporting
explosives from magazines controlled by them shall apply
to the Sheriff for an identification card for each employee
engaged in such transportation. Such identification
cards shall be issued by the Sheriff and shall be valid
for one year unless sooner revoked for misconduct. They
shall be numbered serially and a record thereof kept by
the Sheriff.
SECTION 14. The City of Irwindale was incorp-
orated on August 6, 1957, and the City Council thereof
has not yet adopted any legislation with respect to the fore-
going matters, which affect the peace, health, and safety
of the residents of the City of Irwindale. This Ordinance
89
is, therefore, required for the immediate preservation
of the public peace, health, and safety, and the same shall
take effect immediately upon the passage thereof.
SECTION 15. This Ordinance shall take immediate
effect after the date of its adoption and the same shall be
posted in three public places within the City Limits of the
City of Irwindale, as prescribed by Resolution No. 57-1.
PASSED and APPROVED this 6th day of August, 1957•
Wa
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF IRWINDALE
and says;
EW? I /!__.N /
0
MIKE MARTINEZ, being first duly sworn, deposes
That he is the City Clerk of the City of Irwindale,
California, and is and was at all times herein mentioned
a citizen of the United States over the age of eighteen
(18) years and competent to be a witness herein.
On August 7, 1957, he securely and conspicuously
posted at each of the public places in said City, to wit:
(1) 5140 North Irwindale Avenue
(2) Post Office on Irwindale Avenue
(3) Southwest corner of Arrow Highway and
Irwindale Avenue
a copy of Ordinance No. 12 of the City of Irwindale, being
in all respects the same as that attached hereto and made a
part hereof.
Dated: August 6, 1957
Subscribed and sworn to before
me this 13th day of August 1957
Notary Public in and for sa
County and State
My Commission Expires October 14, 1960