[Prior history includes Ord. No. 850, 4-4-1989; Ord. No. 1020, 11-2-1999; Ord. No. 1088, 3-5-2004]
[1]
Editor's Note: Also see Chapter 7, Article 5, Fireworks.
[1-21-2025 by Ord. No. 1337]
As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
CITY
City of Ralston.
DEALER
A person or manufacturer engaged in the business of buying and selling explosives.
EXPLOSIVE
Blasting powder, nitroglycerine, dynamite, TNT and any other form of high explosive, blasting material, fuse other than an electric circuit breaker, detonator and other detonating agent, a chemical compound or mechanical mixture containing oxidizing or combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion or other mixture or any part thereof may result in the sudden generation and release of highly heated gases or gaseous pressures capable of producing effects damaging or detrimental to or destructive of life, limb or property. An explosive does not include gasoline, kerosene, naphtha, turpentine, butane, propane, wet nitrocellulose or wet nitrostarch containing moisture in excess 20%; or wet picric acid containing moisture in excess of 10%; or the possession, storage, transportation and use of not more than 20 pounds of smokeless propellant, 10,000 small arms primers, and five pounds of black powder propellant for hand loading of small arms ammunition for personal use; or manufactured article such as fixed ammunition for small arms, fireworks, safety flares or matches containing an explosive in such limited quantity that the collective and simultaneous detonation thereof is incapable of resulting in the sudden generation and release of highly heated gases or gaseous pressure capable of producing effects damaging or detrimental to or destructive of life, limb or property.
FIRE INSPECTOR
The duly appointed or elected person of the Ralston Volunteer Fire Department.
PERSON
An individual, firm partnership, corporation, association or other legal entity.
[1-21-2025 by Ord. No. 1337]
No person shall handle, store, control, use, sell, purchase, transfer, transport or otherwise dispose of an explosive unless he has applied for, obtained, and has a valid permit as prescribed by this article.
a. 
This section does not apply to an employee or agent other than an independent contractor, acting in the scope and course of his employment under the supervision of his employer or principal who has applied for and obtained a valid permit.
b. 
This restriction does not apply to law enforcement officers in the performance of their duty.
[1-21-2025 by Ord. No. 1337]
A permit shall not be issued to any applicant who has not attained the age of 21 years on the date of the application, who has been adjudged insane or incompetent, unless subsequently restored by Court to full mental competency and capacity, or who has a history of disorderly or violent conduct.
[1-21-2025 by Ord. No. 1337]
A permit shall be issued in triplicate: the original shall be forwarded to the City Clerk, a copy to applicant, which shall be posted in a conspicuous place where the explosives are stored, and a copy to be retained by the Fire Inspector. Unless sooner revoked, a permit is valid for one year from date of issuance.
[1-21-2025 by Ord. No. 1337]
A fee of $100 for the storage of explosives shall accompany each application. All fees shall be payable to the City Clerk of the City of Ralston, and shall be placed in the general operating funds of the City. Said fee shall be retained by the City as compensation for processing the application whether or not a permit is issued.
[1-21-2025 by Ord. No. 1337]
A permit shall be refused to an applicant where the issuing officer has reasonable cause based upon the information contained in the application that granting the permit would constitute a substantial and immediate danger to the public's health, safety, and welfare. Notice of refusal to issue a permit shall be given to the applicant within four working days from the date the application is received. Such notice shall be in writing and by certified mail, a copy of the notice of refusal together with a written statement, the reason or reasons for refusal.
[1-21-2025 by Ord. No. 1337]
Within 10 days after notice of refusal, the applicant may request a hearing on the denial of the permit. Within 20 days after receipt of the notice of the applicant's request for a hearing of the denial, the City Council shall hold a hearing on the refusal, and shall either sustain the denial or grant the permit. Any order of the City Council may be appealed by the applicant within 10 days to a court of competent jurisdiction.
[1-21-2025 by Ord. No. 1337]
The Fire Inspector may revoke a permit when the applicant has violated any of the provisions of this article, or has reasonable cause to believe that its possession by the holder constitutes a substantial and immediate danger to the public's health, safety, and welfare. The procedures set forth in this act applicable to the refusal of issuance of permit shall apply to revocation.
[1-21-2025 by Ord. No. 1337]
Each dealer or person shall keep and maintain such records on such forms as are prescribed by the Fire Inspector, which records shall include (a) amount of each sale, transfer or other disposition of explosives; (b) the date thereof, the name, age, address, and permit number of purchaser or transferee; and (c) the amount and type of explosive sold or transferred. Records shall be forwarded to the Fire Inspector on the last day of each month.
a. 
The records required in this section shall not apply to fireworks.
b. 
A dealer or person shall not sell or otherwise transfer any explosives without first ascertaining that the purchaser or transferee has a valid permit from the City.
[1-21-2025 by Ord. No. 1337]
All explosives other than those in use or transit shall be stored in a locked building which shall be rapidly fixed to its base or foundation. The Fire Inspector may from time to time conduct an inspection of the premises of the permittee to determine that the provisions of this article are complied with.
[1-21-2025 by Ord. No. 1337]
Any violation of this article is hereby declared to be a nuisance. In addition to any other relief provided by this article, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this article. Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction.