Grand Terrace Municipal Code Art. I Generally

For the purposes of this Chapter the following terms shall bear the connotations set forth in this Section:

A. "Authorized representative" means a representative or agent of an association or organization, who will act for such entity in being in charge of, and responsible for, explosives. Such an authorized representative will share liability jointly with such entity for all actions or instances proximately related to the explosives.

B. "Employee" means an employee of a corporation who will act for the corporation in being in charge of, and responsible for, explosives. Such an employee will share liability jointly with such a corporation for all actions or instances proximately related to the explosives.

C. "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, or any substance, the primary purpose of which, when combined with any other substance, is to form a substance capable of a relatively instantaneous or rapid release of gas and heat.

1. "Explosives" includes, but is not necessarily limited to, any of the following:

a. Dynamite, nitroglycerine, picric acid, lead azide, fulminate of mercury, black powder, smokeless powder, propellant explosives, detonating primers, blasting caps and/or commercial boosters;

b. Substances determined to be Class A and Class B explosives as classified by the United States Department of Transportation;

c. Nitro carbo nitrate substances (blasting agent) as classified by the United States Department of Transportation;

d. Any material designated as an explosive by the State Fire Marshal. Such designation shall be made pursuant to the classification standards established by the United States Department of Transportation. The State Fire Marshal shall adopt regulations in accordance with the provisions of Chapter 4.5 (commencing with Section 11371), Part I, Division 3, Title 2 of the Government Code of the State to establish procedures for the classification and designation of explosive materials or explosive devices that are not under the jurisdiction of the United States Department of Transportation;

e. Certain Class C explosives as designated by the United States Department of Transportation when listed in regulations adopted by the State Fire Marshal.

2. "Explosives" does not include any destructive device, as defined in Section 12301 of the Penal Code, nor shall it include ammunition or small arms primers manufactured for use in shotguns, rifles or pistols.

D. "Issuing authority" means the chief of police, his subordinates and agents.

E. "Magazine" means any building, structure or container, other than an explosives manufacturing building, authorized for the storage of explosives.

F. "Permit" means a permit issued pursuant to the provisions of this Chapter.

G. "Person" means any individual, organization, firm, corporation or association.

(Ord. 1 § 1(part), 1978: county code § 45.011)

No person shall abandon or otherwise dispose of any explosive in any manner which might, as the result of such abandonment or disposal, create any danger or threat of danger to life or property. Any person in possession or control of explosives required in the performance of his duties shall, when the need for such explosives no longer exists, either return the explosives to the source from which the explosives were obtained, or to the issuing authority for disposal or shall destroy the explosives in a safe manner so as not to make them available to persons who might obtain them and use them in a manner prejudicial to the safety of life and property. Magazines or temporary magazines used for storage purposes in any area where blasting is required shall, when the need for such storage no longer exists and the explosives have been removed or disposed of as above required, be removed or demolished, or signs, indicating the presence of explosives in such magazines or on the premises on which such magazines are located, shall be removed or effectively obliterated, and the issuing authority who issued the storage permit shall be immediately notified of the action taken.

(Ord. 1 § 1(part), 1978: county code § 45.022)

This chapter does not apply to the transportation and use of explosives by representatives of the California Highway Patrol, the State Bureau of Criminal Identification and Investigation, the police department and fire departments acting in their official capacity.

(Ord. 1 § 1(part), 1978: county code § 45.024)

This chapter does not apply to any possession or use of twenty pounds or less of smokeless powder, or one pound or less of black sporting powder, provided that:

A. Smokeless powder is intended only for handloading of small arms ammunition of .75 caliber or less;

B. Black sporting powder is intended for loading of small arms or small arms ammunition of .75 caliber or less;

C. All such powder is for private use and not for resale, and in the case of black sporting powder there shall be no gift, delivery or other disposition to another person;

D. The storage, use and handling of such smokeless and black powder conforms to rules, regulations or ordinances of authorities having jurisdiction for fire prevention and suppression in the area of such storage, use and handling of such explosives.

(Ord. 1 § 1(part), 1978: county code § 45.025)

A. The provisions of this Chapter are intended to apply in addition to, and be supplementary to, the provisions of California Health and Safety Code, Division XI, Part 1 (commencing with Section 12000), California Vehicle Code, Division XIV (commencing with Section 31600), and the California Administrative Code, Title 19, Subchapter 10 (commencing with Section 1500).

B. The City Council finds that the provisions of this Chapter are not in conflict with the state law mentioned in subsection A of this Section, and each of the provisions of the laws mentioned in this Section shall be operative in such a manner that is consistent and reasonable with each and every other provision of law hereof.

(Ord. 1 § 1(part), 1978: county code § 45.042)

Any decision or action of the issuing authority made pursuant to this Chapter may be appealed in writing by letter addressed to the city clerk, within ten days of the decision or action from which such appeal is taken. Within ten days of such appeal the City Council shall hear and determine such appeal; the matter may be continued for reasonable cause. The burden shall be on the permittee or person, to prove that the decision or action in question was arbitrary or capricious or an abuse of discretion. The hearing before the City Council shall be noticed in writing to the permittee and the issuing authority five days in advance of such hearing. The council may reverse the decision of the issuing authority or may affirm it.

(Ord. 1 § 1(part), 1978: county code § 45.041)