[HISTORY: Adopted by the Township Committee
of the Township of Egg Harbor 8-10-1988 by Ord. No. 24-1988. Amendments noted
where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 111.
The Township Committee finds and determines
that the transportation, manufacture, keeping, use, storing or handling
for any purpose whatsoever of any explosives, gunpowder, fireworks,
dynamite, munitions and other dangerous and combustible articles and
substances within the corporate limits of the Township of Egg Harbor
may be detrimental to the health, safety and well-being of the residents
of the Township of Egg Harbor. The Township Committee further finds
and determines that, while standards for regulating explosives are
the subject of state legislation, there is municipal authority to
govern the same.
The provisions of this chapter shall not be
contrary to more restrictive provisions set forth in the statutes
of the State of New Jersey or the rules and regulations promulgated
by the Bureau of Engineering and Safety, New Jersey Department of
Labor and Industry. (See N.J.S.A. 34:6-98.1 et seq.)
[Amended 3-27-2013 by Ord. No. 9-2013]
The meanings and definitions of words and phrases
set forth in the statutes of New Jersey as they apply to the Bureau
of Engineering and Safety, New Jersey Department of Labor and Industry,
and the rules and regulations promulgated thereunder shall apply to
words and phrases as used herein. The term "explosives," except as
specifically stated in this chapter, shall not include small arms
ammunition.
A.
Permit required; exceptions.
[Amended 3-27-2013 by Ord. No. 9-2013]
(1)
It
shall be unlawful to transport, manufacture, keep, use, store or handle,
for any purpose whatsoever, any explosive, gunpowder, fireworks, dynamite,
munitions and other dangerous and combustible articles and substances
within the Township of Egg Harbor without having first obtained a
permit to do so from the Township Committee of the Township of Egg
Harbor.
(2)
No
permit shall be required for the storage or use of smokeless powder
which is used by private persons for the hand-loading of small arms
ammunition and which is not for resale. For this purpose, not more
than 36 pounds of smokeless powder and not more than five pounds of
black powder shall be stored without a permit.
B.
The Township Committee of the Township of Egg Harbor,
in its discretion, is hereby authorized and empowered to issue permits,
subject to rules and regulations as the Township Committee may, from
time to time, adopt for the transporting, manufacturing, keeping,
using, storing or handling of explosives, gunpowder, fireworks, dynamite,
munitions and other dangerous and combustible articles and substances
within the Township of Egg Harbor. The Township Committee is further
authorized and empowered to rescind or revoke such permits whenever,
in its judgment, the conditions thereof have been violated.
C.
Permits shall remain in full force and effect for
a period of one year unless expressly issued for a lesser period,
in which event the permit shall remain in full force and effect until
the expiration of the lesser designated period.
[Amended 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this chapter shall,
upon conviction thereof, be punished by a minimum fine of $100 or
a maximum of $2,000 or by imprisonment for a term not exceeding 90
days or by a period of community service not exceeding 90 days. Each
day that a violation exists shall be deemed to constitute a separate
offense.
