A.
This chapter shall apply to the transportation, storage, possession
and use of explosive materials in the Town of Hudson.
[Amended 3-14-2000 by ballot by the ATM, Art. No. 34]
B.
This chapter shall not apply to:
(1)
Explosive materials while in the course of transportation via railroad,
water, highway or air when explosive materials are moving under the
jurisdiction of and in conformity with regulations adopted by any
federal or state department or agency.
(2)
The laboratories of schools and similar institutions when confined
to the purpose of instruction or research or to explosive materials
in the forms prescribed by the official United States Pharmacopeia
or the National Formulary and used in medicines and medicinal agents.
(3)
The normal and emergency conditions of any government, including
all departments, agencies and divisions thereof, provided that they
are acting in their official capacity and in the proper performance
of their duties or functions.
(4)
Explosive materials for delivery to any government or any department,
agency or division thereof.
(5)
Pyrotechnics commonly known as "fireworks," including signaling devices
such as flares and fuses.
(6)
Small arms ammunition and components thereof, which are subject to the Gun Control Act of 1968 (Title 18, Chapter 44, of the United States Code) and regulations promulgated thereunder.
(7)
Gasoline, fertilizers and propellants used in propellant-activated
power devices or tools.
[Amended 3-14-2000 by ballot by the ATM, Art. No. 34]
As used in this chapter, the following terms shall have the
meanings indicated:
Authorized, approved or approval by the Fire Chief.
The area of a blast within the influence of flyrock gasses
and concussion.
[Amended 3-14-2000 by ballot by the ATM, Art. No. 34]
That qualified person in charge of and responsible for the
loading and firing of a blast.
An explosive material which meets prescribed criteria for
insensitivity to initiation in conformity with Title 27 of the Code
of Federal Regulations, Section 55.11 (for storage), and Title 49
of the Code of Federal Regulations (for transportation).
The area where explosive material is handled during loading,
including the perimeter of blast holes and for a distance of 50 feet
in all directions from loaded holes or holes to be loaded.
A flexible cord containing a center core of high-velocity
explosive and used to initiate other explosives.
[Amended 3-14-2000 by ballot by the ATM, Art. No. 34]
Any device containing any initiating or primary explosive
that is used for initiating detonation. The term includes, but is
not limited to, electric blasting caps of instantaneous and delay
types, blasting caps for use with safety fuses, detonating cord delay
connectors and nonelectric instantaneous and delay blasting caps which
use detonating cord or other replacement for electric lag wires.
Any chemical compound mixture or device, the primary or common
purpose of which is to function by explosion.
These include explosives, blasting agents and detonators.
The term includes, but is not limited to, dynamite and other high
explosives, safety fuses, detonating cord and igniters. Title 49 of
the Code of Federal Regulations, Parts 1 through 999, subdivide these
materials into:
Explosives which are characterized by a very high rate of
reaction, high pressure development and the presence of a detonation
wave in the explosive.
Any individual, corporation, company, association, firm,
partnership, society or joint-stock company.
Any combustible or explosive compositions or manufactured
articles designed and prepared for the purpose of producing audible
or visible effects. "Pyrotechnics" are commonly referred to as "fireworks."
A flexible cord containing an internal burning medium by
which fire or flame is conveyed at a continuous and uniform rate from
the point of ignition to the point of use, usually a fuse detonator.
Words used in the singular shall include the plural and in the
plural shall include the singular. Words used in the masculine gender
shall include the feminine gender and vice versa.
The Fire Chief shall issue forms necessary or useful for carrying
out the purposes of this chapter.[1] He may also establish procedures necessary or useful for
carrying out the purposes of this chapter which are consistent with
the provisions of this chapter.
[1]
Editor's Note: Said forms are on file in the town offices
and may be examined there during regular business hours.
Any person who violates any provision of this chapter commits
a separate violation of this chapter for each provision violated and
shall be subject to a civil fine of not more than $500 for each separate
violation.
