La Quinta Municipal Code Ch. 11.20 Explosives

"Explosives" means that definition published by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives as amended from time to time.

(Ord. 568 § 5, 2018)

A. No person, firm or corporation shall, within the city limits, do any of the following without first having made application for and received a permit:

1. Manufacture explosives;

2. Sell, furnish, or give away explosives;

3. Receive, store, or possess explosives;

4. Transport explosives;

5. Use explosives including all pyrotechnics and display fireworks;

6. Operate a terminal for handling explosives;

7. Park or leave standing any vehicle carrying explosives.

B. Application for a permit shall be made to, and all related permit fees paid to the office of the Fire Marshal, CAL FIRE, Riverside County fire department or successor agency.

(Ord. 568 § 5, 2018; Ord. 10 § 1, 1982)

A. Applicants shall be subject to the regulations and procedures of the office of the Fire Marshal, CAL FIRE, Riverside County fire department, county of Riverside, California including regulations regarding revocations and appeals.

B. In the event the city takes official action to assume responsibility and control over explosive permits within the city, then all applications and permits subject to this chapter, shall remain subject to and governed by the policies, procedures and regulations for explosives then in place by the Riverside County fire department, county of Riverside, California, except that the city shall be the governing agency with jurisdiction over explosives. The city manager shall have the authority to enact any and all regulations that would allow for the city to continue to regulate explosives until such time as the city enacts an ordinance(s) amending this chapter or other provisions of the code in furtherance of regulating explosives.

(Ord. 568 § 5, 2018)

In addition to any requirements of the office of the fire marshal pursuant to Section 11.20.015, the city manager or designee shall have the authority to require additional necessary or appropriate conditions, including primary insurance coverage, endorsements or bonds in amounts determined to be necessary by the city manager or designee, based on the scope of the operations, to protect public safety and the general welfare of the community and naming the city as additionally insured. Each such policy of insurance shall contain a provision or endorsement further holding the city, its officers, agents and employees free and harmless from any death, injuries, or damage occurring in connection with the acts done under the blasting permit. The policy of insurance shall further contain a provision or endorsement providing that the policy will not be cancelled until notice in writing has been given to the city, addressed in care of the city manager at the city administrative offices and received by the city manager at least ten (10) days prior to the time the cancellation becomes effective.

(Ord. 568 § 5, 2018; Ord. 10 § 1, 1982)

Supervision of the blasting by any city or county official or employee shall not relieve the person, firm or corporation performing the work of any liability established by this chapter or any other applicable law, nor shall it relieve the person, firm or corporation performing the work from being liable for any injury to person or damage to property caused by the blasting operation.

(Ord. 568 § 5, 2018; Ord. 10 § 1, 1982)

A. Except as provided in La Quinta Municipal Code Section 11.44.060, the storage, use, sale, possession, discharge and handling of safe and sane fireworks as defined in California Health and Safety Code Sections 12529 and 12562 is prohibited within the city of La Quinta.

B. Safe and sane fireworks within the city of La Quinta are subject to confiscation and disposal by any peace officer or other city official authorized to enforce the La Quinta Municipal Code.

(Ord. 568 § 5, 2018; Ord. 459 § 1, 2008)