East Palo Alto Municipal Code Art. II Regulation of the Use of Explosives

As used in this article, the following terms shall have the meanings stated in this section:

"Council" means the City Council of the City of East Palo Alto.

"Explosive" means any substance, or combination of substances, the primary or common purpose of which is detonation or rapid combustion and which is capable of a relatively instantaneous or rapid release of gas and heat. The term "explosive" includes, but is not necessarily limited to, those substances and things defined as "explosives" in Section 12000 of the Health and Safety Code of the State of California.

"Host" means a person who either:

1. Is in charge of private property, including, but not limited to, an owner, tenant, landlord, or property manager of the property; or

2. Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.

(Prior code § 4-3.201; Ord. No. 04-2022, § 3, 6-21-2022)

It is unlawful for any person, without first obtaining a license from the chief of police of the city as provided in this article, to do any blasting within the city or to explode, or cause to be exploded, any explosive.

(Prior code § 4-3.202)

Any person desiring to use explosives within the city for the purpose of blasting shall make written application to the chief of police for a license. The application shall set forth the name, age and address of the applicant and a statement of his or her previous experience with, and qualifications to safely handle and use explosives. If the chief of police is satisfied that a license therefor should be issued to the applicant, the chief of police may issue such a license after the applicant has deposited with the city clerk an indemnity bond in an amount deemed sufficient for its purpose by the chief of police, but in no case in an amount less than one thousand dollars ($1,000.00), in the favor of the city and inuring to the benefit of the city and all persons who may suffer damage to person or property as a result of the blasting to be done by the applicant. The indemnity bond shall be conditioned to pay for all loss or damage to person or property caused or resulting from blasting operations by the applicant. The bond shall be approved by the city attorney before being filed with the city clerk. After a recovery had upon the bond, the licensee shall immediately file a new bond in the same form, and if the licensee does not do so, the license shall immediately terminate. In the event that the chief of police refuses to issue a license to an applicant, the applicant may appeal to the city council for a review of the decision of the chief of police.

(Prior code § 4-3.203)

The license provided for in Section 8.20.120, shall remain in force for a period of one year from the date upon which it was issued by the chief of police.

(Prior code § 4-3.204)

Before any license provided for in Section 8.20.120 shall become effective, the licenses named therein shall pay to the chief of police a fee of ten dollars ($10.00).

(Prior code § 4-3.205)

It is unlawful for any person to explode, or cause to explode, any explosive or explosive device without first covering the same in such a manner as to prevent fragments of rock, gravel, earth, trees or other substances and material from being thrown against or upon lots or buildings, or upon any public roadway.

(Prior code § 4-3.206)

When, in the opinion of the chief of police, the use of any license provided for in Section 8.20.120, may endanger the public health, welfare or safety, the chief of police may suspend such a license for any period of time less than one year.

As soon as can be practicably done, and before the actual date of such suspension if circumstances permit, notice in writing of such suspension shall be given by the chief of police to the licenses. Notice may be given by personal delivery to the licenses or by depositing such notice in the United States mail, with postage prepaid, in an envelope addressed to the licensee at the licensee's address as shown on the application for license.

(Prior code § 4-3.207)