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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