This article shall apply to the manufacture, possession, storage, sale, transportation and use of explosive and blasting agents, except that nothing in this Article shall be construed as applying to:
A. 
Any of the Armed Forces of the United States or the state militia.
B. 
Explosives in forms prescribed by the official United States pharmacopoeia.
C. 
The transportation and use of explosives or blasting agents by the United States Bureau of Mines, the Federal Bureau of Investigation, the United States Secret Service or Police and Fire Departments acting in their official capacities.
A permit shall be obtained to:
A. 
Manufacture, possess, store, sell or otherwise dispose of explosives or blasting agents.
B. 
Transport explosives or blasting agents for delivery in the Town of Smithtown.
C. 
Use explosives or blasting agents.
D. 
Operate a terminal for handling explosives or blasting agents.
E. 
Deliver to or receive explosives or blasting agents from a carrier at a terminal between the hours of sunset and sunrise.
A. 
The manufacture of explosives or blasting agents shall be prohibited unless an operating permit is obtained from the Fire Prevention Division. This section shall not apply to the hand loading of small-arms ammunition for personal use when not for resale and in accordance with all other applicable laws, rules and regulations.
[Amended 3-14-2000 by L.L. No. 4-2000]
B. 
The storage of explosives and blasting agents is prohibited within the fire limits established by law or regulation, except for the temporary storage for use in connection with approved blasting operations; provided, however, that this prohibition shall not apply to wholesale and retail stocks of small-arms ammunition, explosives rivets or cartridges for explosive-actuated power tools in quantities involving less than 500 pounds of explosive material.
C. 
The Fire Marshal may limit the quantity of explosives or blasting agents to be permitted at any location for firesafety and health reasons.
D. 
No person shall sell or display explosives or blasting agents on highways, sidewalks, public property or in places of public assembly.
E. 
The Fire Marshal may designate the location and specify the maximum quantity of explosives or blasting agents which may be loaded, unloaded, reloaded or temporarily retained at each terminal where such operations are permitted.
F. 
Shipments of explosives or blasting agents delivered to carriers shall comply with Interstate Commerce Commission regulations.
G. 
Carriers shall immediately notify the Fire Prevention Division when explosives or blasting agents are received at terminals in the Town of Smithtown.
[Amended 3-14-2000 by L.L. No. 4-2000]