[HISTORY: Adopted by the Borough Council
of the Borough of Trappe 7-7-1975 by Ord. No. 195 (Part 6, Ch. 2, Art. A,
of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Firearms — See Ch. 162.
As used in this chapter, the following terms
shall have the meanings indicated:
The term "explosive" or "explosives" whenever used in this
chapter shall be deemed to mean any chemical compound or mechanical
mixture that is commonly or actually used or intended for the purpose
of producing an explosion that contains any oxidizing and combustible
units or other ingredients in such proportion, quantity or packing
that an ignition by fire, by friction or concussion by percussion,
or by detonation of any part of the compound or mixture may cause
such a sudden generation of highly heated gases that the resultant
gaseous pressure is capable of producing destructive effects on contiguous
objects or of destroying life or limb. Said terms shall be deemed
to include dynamite in any form or quantity, dynamite caps or blasting
compounds or equipment. Said term shall not include any small arms,
ammunition or devices or compositions actually intended and used to
obtain visible or audible pyrotechnic effects nor explosives in the
forms prescribed in the official United States Pharmacopeia. Such
terms shall not be deemed to include explosives produced or stored
in experimental quantities in the laboratories of high schools, colleges
or similar institutions by the duly qualified personnel of such institutions
for the purpose of investigation and instruction.
This chapter shall not supersede any provision of state or federal law or regulations that is in conflict with or identical to any provision of this chapter, but is to be construed as to be correlated with any such statutes and regulations. It is the intent of the Borough that any provision of this chapter that is stricter than or in addition to any such statute or regulation shall be in effect and shall be enforced within the Borough, subject to the penalties prescribed by § 151-11 for a violation of this chapter.
The term "person" when used in this chapter shall mean any
individual, firm, partnership, association, company, organization,
or group of any kind, including Borough employees.
The use of the term "storage" in this chapter shall mean
the keeping in any vehicle, trailer, truck, building, shed, enclosure,
or outdoors or at any place whatsoever within the limits of the Borough.
The term "transportation" as used in this chapter shall mean
the moving by vehicle, cart, by hand or otherwise of any of the articles
mentioned in this chapter from one place to another within the Borough
limits to another place within the limits of the Borough.
The term "use" when employed in this chapter shall be deemed
to mean and to include any handling, disposition, employment, placing
or use as commonly understood and defined of any of the articles mentioned
in this chapter except those conducted by the duly qualified and authorized
professional personnel of accredited high schools and colleges or
the students thereof under professional supervision for research,
investigation and instruction.
No person shall manufacture any explosives in
the Borough.
No person shall have, keep, use, store, sell or transport any explosive or explosives nor do, perform, conduct, supervise, or permit any blasting or detonation of explosives or blasting materials within the Borough at any time whatsoever unless that person shall have obtained and have in his possession and/or properly exhibited a valid permit duly issued by the secretary as specified in §§ 151-4 through 151-6, and then only in accordance with the conditions and subject to the limitations specified on the permit.
An applicant seeking issuance of a permit shall
execute an application in writing on a form to be prescribed by the
Public Safety Committee and provided by the secretary or the Public
Safety Committee. Every applicant shall set forth on the form the
following specified information:
A.
The complete name, address and identity of the person,
proposing to transport, store, keep or use explosives or do the blasting,
and the name, address and identity of the specific individual who
shall be in charge.
B.
Whether or not the applicant or any employee of applicant
is involved in any litigation, either civil or criminal, the names
of any pending cases, the jurisdiction, court, term and number and
whether there have been any fines levied or judgments rendered at
any time against applicant for damages growing out of the storage
or use of explosives.
C.
The type and extent of applicant's operations and
the projects contemplated (so far as known or ascertainable at the
time application is made) in connection with which blasting will be
conducted.
D.
The type or kind of explosives generally used by applicant.
E.
The applicant shall promise and agree upon the application
forms to be furnished by the secretary that the applicant will be
fully liable for and promises to pay for any and all damages of every
kind and nature resulting to any person or property for the conduct
of the blasting operations and that the applicant will display at
all times the permit on the premises designated therein.
F.
Every applicant shall supply satisfactory proof before
a permit is issued that he shall have provided and maintains at reasonably
accessible points adequate fire-extinguishing equipment wherever explosives
are stored, transported, sold or used.
G.
Fees. All applications shall be accompanied by a fee
in the sum of $20 payable to the Borough, except that applications
for annual renewal of license made at or before the expiration of
the previous shall be $10 and fees may be waived as to employees of
the Borough applying for permits in the course of performance of Borough
business.
Every applicant, as a condition precedent to
issuance of a permit, shall furnish an irrevocable bond in the sum
of $300,000 or more or evidence to the secretary or Public Safety
Committee that there is and will continue to be in full force a public
liability insurance policy against personal injury and property damage
in an amount of not less than $300,000 for any one accident, which
liability insurance coverage must remain in effect during the entire
period of the blasting operations.
A.
Permits for any of the purposes enumerated in this section and in § 151-3 may be issued on the recommendation of a majority of the Public Safety Committee by and upon the signature of the secretary upon compliance by applicant with the provisions of this chapter and the regulations established under this chapter by the Public Safety Committee.
C.
A permit shall be valid only for a period of one year
from the date of issuance and shall be subject to all limitations
and provisions of this chapter.
D.
The permit for transporting explosives shall designate
the time when and the route on which those explosives may be transported.
A police escort shall be required where the aggregate amount of explosives
being transported on any one vehicle is more than 50 pounds.
E.
Every vehicle while carrying explosives shall have
painted on its front, sides and back the letters easily legible at
least four inches high, in contrasting colors, the word "Explosives,"
or in lieu thereof shall display in such manner that it will be visible
from all directions a red flag with the words "Danger" printed, stamped
or sewn thereon in white letters. The flag shall be at least 24 inches
square and the letters shall be at least six inches high.
F.
No person shall be permitted to smoke in or on a vehicle
containing explosives or drive any such vehicle while intoxicated
or drive any such vehicle or conduct himself in a careless or reckless
manner or load or unload any such vehicle while the motor is running
or in a careless manner or while smoking or intoxicated nor shall
any such vehicle be left unattended while it contains explosives.
G.
No person shall be permitted to place, carry or cause
to be placed or carried in the same compartment or the bed or body
of any vehicle containing explosives any metal tool or other piece
of metal, any matches, and exploders, detonators, blasting caps, or
other similar explosive material or any other merchandise or equipment,
provided the restriction as to tools and metals shall not apply to
plumbing contractors licensed by the Borough when carrying less than
10 pounds of such explosives.
No blasting shall be permitted except between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday. There
shall be no blasting on legal holidays. Blasting operations shall
be conducted by the permit holder in a safe, careful manner, with
full, proper and adequate safety precautions and protection to all
persons and property and after suitable public warning at the expense
and responsibility of the permit holder.
The permit holder shall be fully liable for
any and all damages of every kind and nature resulting to any person
or property from the conduct of the blasting operation and from the
storage or transportation of explosives. This chapter shall not be
so construed as to impose or increase liability upon the Borough,
its agents, representatives or employees.
A.
Any person holding a valid permit may store explosives
only in a magazine complying with the construction specifications
for magazines containing explosives issued by the Pennsylvania Department
of Labor and Industry and at such places as comply with the American
Table of Distances issued by the Institute of Makers of Explosives,
and an accurate record shall be kept at all times showing the size
and contents of each container or package of explosives so stored.
B.
Blasting caps or detonators of any kind shall not
be kept in the same magazine with other explosives, and such magazines
must be kept clean and free from grit, rubbish and empty packages.
C.
All magazines containing explosives must be kept locked
except when in actual process of being inspected or when explosives
are being placed therein or are being removed therefrom. All explosives
and portable magazines must be stored at the end of each working day
in a permanent locked magazine.
A.
Whenever the Mayor or secretary find that any person
holding a permit or obtained the permit with false information in
the application or violated any of the conditions of the permit or
of this chapter or finds that the conduct of the permit holder is
willful or creates a fire or explosion hazard requiring corrective
action, the Mayor or secretary shall certify that violation to Council
and shall forthwith suspend the permit.
B.
Council, upon being notified of the suspension of
permit, or upon its own motion upon information received of careless
conduct or violations of this chapter requiring corrective action
may be majority vote revoke any permit. Before such final revocation
of permit, at least five days notice of a hearing before council shall
be given to the permit holder of the time and place of hearing, at
which time a fair hearing shall be accorded the permit holder.
Any person who violates any provision of this
chapter, shall, for every such violation, upon conviction before a
Magisterial District Judge, be sentenced to pay a fine of not more
than $300 and costs of prosecution, and, in default of payment of
fine and costs, to imprisonment for not more than 30 days; provided,
each separate offense or violation of any provision of this chapter,
and each day on which any offense or violation takes place shall constitute
a separate violation and shall be subject to a separate penalty.
