Ordinance 005-1975 ORDINANCE NO. 5 -1975
AN ORDINANCE PERTAINING TO MONROE COUNTY, FLORIDA,
RELATING TO BLASTING, BLASTING SITES, USE AND
STORAGE OF EXPLOSIVES AND BLASTING AGENTS ; PRO-
VIDING FOR EXCEPTIONS, AND DEFINITIONS ; REQUIRING
AND REGULATING PERMITS FOR SUCH TO BE ISSUED BY
THE VEHICLE AND MAINTENANCE SUPERVISOR UPON APPLI-
CATION; PROVIDING FOR APPEALS FROM SUCH VEHICLE
AND MAINTENANCE SUPERVISOR' S DECISIONS ; REGULATING
THE QUANTITIES OF EXPLOSIVES ; REQUIRING STOLEN
EXPLOSIVES TO BE REPORTED; REGULATING PERSONS OB-
TAINING PERMITS; REGULATING SALES OF EXPLOSIVES ;
REQUIRING REPORTING OF EXPLOSIVE INVENTORY; RE-
GULATING STORAGE OF EXPLOSIVES AND USE AND HAND-
LING THEREOF; REGULATING BLASTING AGENTS AND
PARTICLE VELOCITY; REQUIRING THE KEEPING OF BLAST-
ING RECORDS; AND PRESCRIBING PENALTIES FOR VIOLA-
TIONS OF THE CHAPTER AS WELL AS STATE LAW AND
REGULATIONS PERTAINING TO THIS SUBJECT; ALSO PRO-
VIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AS FOLLOWS :
Section 1. This ordinance shall apply, at blasting sites ,
to the use and storage of explosives and blasting agents . Applica-
tion for permits required herein shall be made to the Vehicle and
Maintenance Supervisor.
Section 2 . Exceptions : Nothing in this ordinance shall be
construed as applying to :
(a) The Armed Forces of the United States or
the State Militia.
(b) Explosives in forms prescribed by the
official United States Pharmacopeia.
(c) The sale or use of fireworks as defined
in Section 791. 01 of the Florida Statutes .
(d) The possession, transportation and use of
small arms , ammunition or special industrial explosive devices .
(e) The possession, storage and use of not
more than 15 pounds of explosives or blasting agents in educational,
governmental or industrial laboratories for instructional or research
purposes .
(f) The use of explosives or blasting agents
by the United States Bureau of Mines , the Federal Bureau of Investi-
gation, the United States Secret Service, or police and fire depart-
ments acting in their official capacity.
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(g) The manufacture, sale or transportation
of explosives and blasting agents, or their storage, except that
storage of explosives and blasting agents on blasting sites is herein
regulated.
Section 3. Definitions. For the purpose of this ordinance,
the following terms, phrases, words and their derivations shall have
the meaning given herein. The word "shall" is always mandatory and
not merely directory.
(a) "Blaster": a person employed by a user
who detonates or otherwise effects the explosion of an explosive or
who is in immediate personal charge and supervision of one or more
other persons engaged in such activity.
(b) Blasting agent: any material or mixture,
consisting of a fuel and oxidizer, intended for blasting, not other-
wise classified as an explosive, in which none of the ingredients is
classified as an explosive, provided that the finished product, as
mixed and packaged for use or shipment, cannot be detonated by means
of a No. 8 test blasting cap when unconfined. Materials or mixtures
classified as nitro carbo nitrates by the Department of Transportation
regulations shall be included in this definition.
(c) Carrier: person who engages in the trans-
portation of articles or materials by rail, highway, water, or air.
(d) "Dealer": a person engaged in the whole-
sale or retail business of buying and selling explosives; provided
that should a manufacturer-distributor make sales to users, such manu-
facturer shall not be required to obtain an additional license as a
dealer.
(e) "Explosive": any mixture, compound or
material capable of producing an explosion, including but not limited
to dynamite, nitroglycerin, trinitrotoluene, blasting caps and de-
tonators; but not including cartridges for firearms, and not includ-
ing fireworks as defined in Section 791.01 of the Florida Statutes.
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(f) Magazine: any building or structure
approved for the storage of explosives, but excluding "day maga-
zines" used for the transportation of explosives from magazines to
drill rigs. The latter are not herein regulated.
(g) "Manufacturer-distributor": a person en-
gaged in the manufacture, production, and distribution of explosives
to others for resale or use.
(h) "Person": any natural person, partner-
ship association, corporation, or legal entity.
(i) Purchase: as used herein shall include
acquisition of any explosive by a person with or without considera-
tion.
.
(j) Small arms ammunition: any shotgun,
rifle, or handgun ammunition.
(k) Special industrial explosive device: any
explosive power-pak containing an explosive charge in the form of a
cartridge or construction device_ The term includes but is not limited
to explosive rivets, explosive bolts, explosive charges for driving
pins or studs, cartridges for explosive-actuated power tools and
charges or explosives used in jet tapping of open hearth furnaces and
jet perforation of oil well casing.
(1) "Special industrial high explosive ma-
terial": sheets, extrusions, pellets, and packages of high explo-
sives, containing dynamite, trinitrotoluol, pentaerythrito1tetra-
nitrate, cy1otrimethy1enetrinitramine, or other similar compounds
used for high-energy-rate forming, expanding and shaping metal fabri-
cation, and for dismemberment and quick reduction of scrap metal.
(m) "Terminal": those facilities used by
carriers for the receipt, transfer, temporary storage or delivery
of articles or materials.
(n) "Test blasting cap No.8": one containing
2 grams of mixture of 80% mercury fulminate and 20% potassium chlorate,
or a cap of equivalent strength.
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(0) "User": the person who, as an ultimate
consumer of an explosive, purchases same from a dealer or manufac-
turer-distributor, or acquires the possession of any explosive by any
other means.
Section 4. Permits.
(a) It shall be unlawful for any person to
acquire, possess, purchase, handle, dispose of, store or use an ex-
plosive on any site without first obtaining a permit issued under and
pursuant to the provisions of this ordinance. The requirements of
this ordinance shall not relieve any person from compliance with the
provisions of Chapter 552 of the Florida Statutes and all rules and
regulations promulgated by the State Fire Marshall.
(b) A user shall obtain a User Permit to pur-
chase explosives, to store explosives and have blasting done at an
approved site.
(c) A blaster shall obtain a Blaster Permit
to use explosives and blasting agents at an approved site.
(d) Permits required by Section 4 (a) shall
not be issued for:
(1) Liquid nitroglycerin.
(2) Nitrocellulose in a dry and uncom-
pressed condition in quantity greater than ten pounds net weight in
one package.
(3) Fulminate of mercury in a dry condi-
tion and fulminate of all other metals in any condition except as
a component of manufactured articles not hereinafter forbidden.
(4) Explosive compositions that ignite
spontaneously or undergo marked decomposition, rendering the pro-
ducts or their use more hazardous, when subjected for forty-eight
consecutive hours or less to a temperature of 167 degrees F. (75 de-
grees C.)
(5) New explosives until approved by the
United States Department of Transportation, except that permits may
be issued to educational, governmental or industrial laboratories
for instructional or research purposes.
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(6) Explosives condemned by the United States
Department of Transportation.
(7) Explosives not packed or marked in accord-
ance with the "Hazardous Materials Regulations of the United States
Department of Transportation". (R. M. Graziano's Tariff No. 25.)
(8) Explosives containing an ammonium salt
and a chlorate.
Section 5. Application for permit; issuance.
All applications for User Permits and Blaster
Permits required under this ordinance shall be filed with the Vehicle
and Maintenance Supervisor and shall set forth in detail the purpose
for which the permit is sought in relation to explosives, the full
name and address of the applicant, his physical description, his
fingerprints, and shall be accompanied by an accurate photograph of
the applicant. Such application shall be signed and sworn to by the
applicant. The Vehicle and t1aintenance Supervisor shall prescribe
the form of applications and furnish such application forms to appli-
cants upon request. No permit shall be issued to any person under
the age of eighteen years, or who is addicted to the excessive use of
alcohol, narcotics, drugs, stimulants, or depressants, or who is
mentally incompetent, or who is a member of any subversive organiza-
tion, or who has been convicted of a felony, Permits shall be issued
only to persons of good moral character. The burden shall rest upon
the applicant to establish his qualifications for a permit. The appli-
cant shall be deemed competent and familiar if he holds a User's Permit
and Blaster's Permit from the State of Florida. The applicant must
furnish proof that he has insurance in the amount of $100,000.00 and
$300,000.00 to take care of any damage which might be caused by his
blasting activities. The permit issued hereunder shall show the pur-
pose for which it is issued and the period for which it is issued and
the period of time for which it is valid.
Section 6. Appeals from refusal to issue permit and from
revocation of permit; public hearing; waiver of prior conviction.
Any person who is denied or refused a permit or
whose permit has been revoked by the Vehicle and Maintenance Supervisor
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may appeal to the Board of County Commissioners of Monroe County,
Florida, by filing a written petition of review setting forth the
reasons why his application for a permit should have been granted,
provided, however, that the Board of County Commissioners of Monroe
County, Florida, shall have no jurisdiction to entertain any such
appeal unless a written petition or request for review is filed with
the Clerk of the Board of County Commissioners of Monroe County,
Florida, within thirty (30) days after the date upon which the app1i-
cant receives notice that his application for a permit has been
denied or refused or revoked. When an appeal has been filed, the
Board of County Commissioners of Monroe County, Florida, shall conduct
a public hearing to determine whether the applicant qualifies for a
permit. The Board of County Commissioners of Monroe County, Florida,
shall not grant a permit unless it finds and determines that the app1i-
cant is qualified under the provisions of Section 5.
The prohibition
against issuance of a permit to any person who has been convicted of
a felony may be waived by the Board of County Commissioners of Monroe
County, Florida, provided that such conviction occurred more than ten
(10) years prior to the date of filing the application, and that the
applicant has rehabilitated himself completely.
Section 7.
Violations of state laws deemed violation of
this ordinance; revocation of permit.
Any person who violates any of the provisions
of Chapter 552, Florida Statutes, or any of the regulations of the
State Fire Marshall promulgated thereunder, shall be deemed to have
.
violated the provisions of this ordinance and may be prosecuted in
the proper court. Permits issued hereunder shall be revoked for any
violation of this ordinance or of the state law or of regulations of
the State Fire Marshall.
Section 8.
General requirements.
(a) The Vehicle and Maintenance Supervisor may
limit the quantity of explosives or blasting agents, or both, to be
to be permitted at any site, in accordance with the American Table
of Distances.
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(b) Stolen explosives, reporting. In the
event that any explosive is stolen, misplaced, or lost, such occur-
rence shall be reported immediately to the Vehicle and Maintenance
Supervisor. The area in which the incident occurs shall be secured
until investigation has been made and the scene released by proper
authority.
(c) Sale to person without permit. It shall
be unlawful for any person to sell or otherwise dispose of any ex-
plosive to any other person who does not have a valid permit issued
hereunder.
(d) Inventory, reporting. Every user having
any explosive in his possession, dominion or control shall file
with the Vehicle and ~1aintenance Supervisor on the 15th day of each
and every month, a schedule or inventory accurately setting forth the
quantity and description of such explosives on a form prescribed by
the Vehicle and Maintenance Supervisor,
Section 9. Storage of explosives at blasting sites.
(a) Explosives, including special industrial
high explosive materials, shall be stored in magazines which meet
the requirements of this article. This shall not be construed as
applying to wholesale and retail stocks of small arms ammunition,
explosive bolts, explosive rivets, or cartridges for explosive-
actuated power tools in quantities involving less than 500 pounds
of explosive material.
(b) Storing explosives. Every person in
possession of any explosive shall cause the same to be stored in a
safe place and shall maintain such security measures as shall be
reasonably necessary to prevent all unauthorized persons from gain-
ing access to such explosives. Any person who shall fail to use
reasonable precautions for the security and safety of explosives
in his possession shall be deemed guilty of violating this ordi-
nance, and subject to the penalties provided for herein, and in
addition thereto, shall be subject to revocation of his permit.
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(c) }~gazines
(1) Smoking, matches, open flames and
spark producing devices shall be prohibited inside or within 50 feet
of magazines. Combustible materials shall not be stored within 50
feet of magazines.
(2) The land surrounding magazines shall
be kept clear of brush, dried grass, leaves, trash and debris for
a distance of at least 50 feet.
(3) Magazines shall be kept locked ex-
cept when being inspected or when explosives are being placed therein
or being moved therefrom.
(4) Packages of explosives shall not be
unpacked or repacked in a magazine nor within 50 feet of a magazine
nor in close proximity to other explosives.
(5) Magazines shall be kept clean, dry,
and free of grit, paper, empty packages and rubbish. Floors shall
be regularly swept. Brooms and other cleaning utensils shall have
no spark producing metal parts. Floors stained by leakage from
explosive material shall be cleaned according to instructions of the
manufacturer.
(6) ~fuen an explosive has deteriorated
to an extent that it is in an unstable or dangerous condition, or if
nitroglycerin leaks from any explosive, then the person in possession
of such explosive shall immediately report the fact to the Vehicle
and Maintenance Supervisor and upon his authorization shall proceed
to destroy such explosives and magazines in accordance with the in-
struction of the manufacturer. Only experienced persons shall do the
work of destroying explosives.
(7) Magazines shall not be provided with
artificial heat or light, except that if artificial light is neces-
sary, an approved electric safety flashlight or safety lantern shall
be used.
(8) Magazines shall not be used for the
storage of any commodity except explosives.
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(9) Blasting caps, electric blasting
caps, detonating primers and primed cartridges shall not be stored
in the same magazine with other explosives.
(10) Magazines shall be of three types,
Class 1, Class 2, and Class 3. Construction and limitations for
storage in each of these types shall be in accordance with require-
ments of the State Fire Marshall's Rules and Regulations.
(11) All magazines shall be in conformity
with the provisions of the American Table of Distances for Storage
of Explosives, except as provided in paragraph 12 of this section.
(12) At the site of blasting operations,
a distance of at least three hundred (300) feet shall be maintained
between magazines and the blast area when the quantity of explosives
temporarily kept therein is in excess of 50 pounds, at least one
hundred and fifty (150) feet when the quantity of explosives is more
than 25 pounds but less than 50 pounds, and at least 50 feet when
the quantity of explosives is 25 pounds or less.
(13) Property upon which Class 1 and
Class 2 magazines are located shall be posted with signs at all
access roads or access ways reading "Explosives--Keep Off" legibly
printed thereon in letters not less than three inches high. Such
signs shall be located so as to minimize the possibility of a bullet
traveling in the direction of the magazine if anyone shoots at the
sign.
(14) Class 2 magazines shall be painted
red and shall bear lettering in white, on all sides and top at
least one and one-half inches high, "Explosives--Keep Fire Away".
(15) Magazines shall be in the charge of
a competent person at all times who shall be at least 18 years of
age and who shall be held responsible for the enforcement of all
safety precautions.
Section 10. Use and Handling of Explosives
(a) Blasting operations shall be conducted
during the hours of 8 a.m. to 5 p.m. except that the Vehicle and
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Maintenance Supervisor may extend the blasting time to all daylight
hours for sites remote from residential development. Blasting shall
not be done on Sundays or legal holidays except in emergencies in-
volving the health, safety and welfare of the public.
(b) The handling and firing of explosives
shall be performed by the person possessing a blasting permit to use
explosives or by employees under this direct supervision who are at
least 18 years old.
(c) No person shall handle explosives while
under the influence of intoxicants, or narcotics.
(d) No person shall smoke or carry matches
while handling explosives or while in the vicinity thereof.
(e) No open flame light shall be used in the
vicinity of explosives.
(f) Whenever blasting is being conducted in
the vicinity of gas, electric, water, fire alarm, telephone, tele-
graph or steam utilities, the blaster shall notify the appropriate
representatives of such utilities at least 24 hours in advance of
blasting, specifying the location and intended time of such blasting.
Verbal notice shall be confirmed with written notice. In an emer-
gency this time limit may be waived by the Vehicle and Maintenance
Supervisor.
(g) Blasting operations shall be conducted
in accordance with nationally recognized good practice.
(h) Before a blast is fired, the person in
charge shall make certain that all surplus explosives are in a safe
place, all persons and vehicles are at a safe distance or under
sufficient cover, and a loud warning signal has been sounded.
(i) Non-electric blasting caDS will not be
approved for use unless specifically approved for job site by the
Vehicle and Maintenance Supervisor.
(j) Due precautions shall be taken to prevent
accidental discharge of electric blasting caps from current induced
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by radio or radar transmitters, lightning, adjacent power lines, dust
storms or other sources of extraneous electricity.
These precautions shall include:
(1) The suspension of all blasting opera-
tions and removal of persons from the blasting area during the approach
and progress of an electric storm.
(2) The posting of signs warning against
the use of mobile radio transmitters on all roads within 350 feet of
the blasting operations.
(3) Compliance with nationally recognized
good practice when blasting in the vicinity of radio transmitters or
power lines.
(k) 1Vhen blasting is done in congested areas
or in close proximity to a building, structure, railway, highway or
any other installation that may be damaged, the blast shall be covered
before firing, with a mat constructed so that it is capable of pre-
venting rock from being thrown into the air.
(1) Tools used for opening packages of explo-
sives shall be constructed of non-sparking materials.
(m) Empty boxes and paper and fibre packing
materials which have previously contained high explosives shall not
be used again for any purpose, but shall be destroyed by burning at
an approved isolated location out of doors, and no person shall be
nearer than 100 feet after the burning has started.
(n) Explosives shall not be abandoned,
Section 11. Blasting Agents, General Requirements.
(a) 1fhere blasting agents and explosives are
stored in the same magazine, standard magazine construction shall be
followed and the weight of the blasting agents shall be included in
the calculations of the total amount of explosives for determining
distance limitations. However, blasting agents when stored separately
from explosives, shall be stored in a Type 5 magazine or a magazine
of higher classification (lower number) .
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Section 12. Particle Velocity and Amplitude
It shall be unlawful for any person to blast,
fire, detonate, or use any amount of explosives which would result
in a vector sum particle velocity in excess of 1.0 inch per second
or a vector sum amplitude in excess of 0.030 inch when measured on
the ground at the nearest building or structure not owned by the
user, or when measured at a distance of 5,280 feet from the blast
when the nearest structure not owned by the user is more distant
than one mile from the blast. The use of any explosives that result
in a greater vector sum particle velocity or a greater vector sum
amplitude than described above would constitute a public nuisance
and therefore be detrimental to the public health, welfare, and
safety of this county and it is recognized that any blasting operation
resulting in a particle velocity not exceeding 2.0 inches per second
measured as described above will not cause structural damage.
Section 13. Vehicle and Maintenance Supervisor to Issue
Permits.
(a) The Vehicle and Maintenance Supervisor
is hereby authorized to issue User Permits and Blaster Permits only to
persons who hold similar permits required by Florida Law and who meet
the requirements of this ordinance.
(b) Such permits shall be issued only after:
(1) Payment of a fee in an amount not to
exceed twenty-five dollars ($25) per month or two hundred and fifty
dollars ($250) per year.
(2) The filing of an application on a
form prescribed by the Vehicle and Maintenance Supervisor signed and
sworn to by the applicant showing the applicant's name, address, that
he holds a valid state permit, the location or locations where the
blasting is to be performed, that blasting at such location is author-
ized or permitted pursuant to county or municipal zoning regulations,
and the distance between the location of the proposed blasting and any
improved property,
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(3) The issuance of a User's Blasting
Permit shall not authorize blasting in any area or location where
the same is prohibited by any zoning regulations or other law, and
shall be limited to the location designated in the application; pro-
vided, however, that if the amount of explosives to be used at any
one time whether fired or detonated as a single charge or by delay
series does not exceed the total explosive power or capacity of two
(2) pounds of forty per cent (40%) dynamite, the Vehicle and Main-
tenance Supervisor is authorized to issue a blasting permit for the use
of such amount of explosives without the same being limited to a par-
ticular location; provided, further, that the firing, detonating or
exploding of any quantity of explosives on or against a boulder, rock
starta, stump, tree or other object, or on the ground surface or in
the open air and not confined in a bore hole or any blasting commonly
referred to as mud-capping or adobe blasting, is prohibited unless
upon application and the payment of the required fee a user is granted
a special user's permit for each and every location where such blasting
is to be performed.
Section 14. Limitations and conditions.
(a) The Vehicle and Maintenance Supervisor
shall impose in each blasting permit issued by him such limitations
and conditions as to:
(1) Days and hours when blasting may be
performed.
(2) The period of time for which it is
valid.
(3) The amount and type of explosive
which may be employed at anyone time, whether fired or detonated
instantaneously as a single charge or by a delay series charge, as
may be deemed by him reasonable under the conditions existing in the
locale for which the permit is issued. The Vehicle and Maintenance
Supervisor may conduct a series of tests witnessed by neighborhood
property owners to determine acceptable limits of vibration.
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(b) In determining and imposing such reason-
able conditions and limitations, the Vehicle and Maintenance Super-
visor shall be governed by preventing damage to property, preventing
personal injury or loss of life, protecting the public health, welfare
and safety and the reduction of nuisance.
(c) The Vehicle and Maintenance Supervisor
is authorized from time to time to change, amend or modify the imposed
conditions and limitations in order to meet the purpose for which they
were imposed if changing conditions or circumstances so dictate after
first considering the guides above enumerated and it is intended here
that the Vehicle and Maintenance Supervisor may impose more restrictive
conditions and limitations if circumstances and conditions in the area
concerned so warrant or prove to be necessary in order to carry out
the purpose for which the conditions and limitations were imposed and
in like manner if such conditions and limitations are found by the
Vehicle and Maintenance Supervisor to be too restrictive, he may
modify them accordingly within the bounds of the purposes for which
they were imposed; provided, however, the imposed limitations and con-
ditions as to the amount of explosives permitted in any permit shall
not be increased by the Vehicle and Maintenance Supervisor until and
unless the permitee shall first demonstrate to the Vehicle and Main-
tenance Supervisor by due, recognized and proper proof that the desired
increase would not in any event provoke or result in a vector sum
particle velocity in excess of 1.0 inch per second or a vector sum
amplitude in excess of 0.30 inch prescribed by Section 12 hereof, and
the Vehicle and Maintenance Supervisor will require, in order to pro-
tect the public health, welfare or safety, the permittee to submit a
recognized instrument test for any blasting operations to ascertain
that the above described limits are not exceeded at the nearest build-
ing or structure and it is the intent of this ordinance to permit the
use of an amount of explosive which will result in vibrations up to
but not exceeding the above described limits.
(d) The blaster shall provide, at his cost,
a continuous monitoring seismic instrument at each site. Such instru-
ment may be removed from a site, after written notice has been given
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to the Vehicle and Maintenance Supervisor, when the blasting at that
site has been completed or indefinitely suspended.
Section 15. Blasting Records.
(a) All users of explosives shall keep daily
records for a period of three years of all blasting performed on a
form or forms prescribed by the Vehicle and Maintenance Supervisor
which shall be made available at reasonable times and hours at a loca-
tion approved by the Vehicle and Maintenance Supervisor for inspection
by him or his deputies and signed copies of such records shall be
furnished to the Vehicle and Maintenance Supervisor on a weekly basis.
(b) The minimum data to be shown on such record
shall be:
(1) Name and location of blasting site.
(2) Date and time of firing.
(3) Arrangements and spacing of charges.
(4) The amount of explosive for each
blast or delay series.
(5) Delay interval.
(6) Name of person in charge of loading
and firing.
(7) Blasting permit number, and signature
and title of person making report.
(c) (1) Records of instrument readings taken
as required by Section 14 (c) and (d) shall be analyzed by an inde-
pendent recognized seismologist or vibration engineer and shall be
reported by him to the Vehicle and Maintenance Supervisor with full
and complete details monthly or upon demand.
(2) All original records will be the
property of the blasting company with a copy certified by a seismolo-
gist or vibration engineer furnished to the Vehicle and Maintenance
Supervisor.
(d) Each instrument shall be calibrated
annually, preferably on a shaking table, and such calibration certi-
fied except for instruments which are certified as self-calibrating.
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Section 16. Penalty for Violation
In addition to the penalty provided by Section
7 or any other penalty, any person who violates the provisions hereof
or the conditions and limitations imposed in a permit shall be deemed
to have violated this ordinance and the permit may be revoked by the
Vehicle and Maintenance Supervisor; provided an appeal may be filed
pursuant to Section 6 hereof. Any person, partnership, firm, and/or
corporation violating any of the provisions of this Ordinance shall
be prosecuted in accordance with the provisions of Chapter 125.69,
Florida Statutes, 1971 or any re-enactment thereof.
Section 17. All permits heretofore issued shall remain in
force and effect, but subject to the regulations and limitations
herein contained.
Section 18. If any section, sub-section, clause, or pro-
vision of this ordinance is held invalid, the remainder of this ordi-
nance shall not be affected by such invalidity.
Section 19. This ordinance shall take effect upon receipt
of the official acknowledgment from the Department of State acknowl-
edging receipt of certified copy of this ordinance and that said
ordinance has been filed in said office.
NOTICE OF INTENTION TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT ~~Y CONCERN that on
Tuesday, May 27, 1975, at 2:00 P.M. at the Monroe County Courthouse
Annex, Key West, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the
following County Ordinance:
ORDINANCE NO.
-1975
AN ORDINANCE PERTAINING TO MONROE COUNTY, FLORIDA,
RELATING TO BLASTING, BLASTING SITES, USE AND
STORAGE OF EXPLOSIVES AND BLASTING AGENTS; PRO-
VIDING FOR EXCEPTIONS, AND DEFINITIONS; REQUIRING
AND REGULATING PERMITS FOR SUCH TO BE ISSUED BY
THE ASSISTANT DIRECTOR OF THE BUILDING AND ZONING
DEPARTMENT UPON APPLICATION; PROVIDING FOR APPEALS
FROM SUCH ASSISTANT DIRECTOR'S DECISIONS; REGULAT-
ING THE QUANTITIES OF EXPLOSIVES; REQUIRING STOLEN
EXPLOSIVES TO BE REPORTED; REGULATING PERSONS OB-
TAINING PERMITS; REGULATING SALES OF EXPLOSIVES;
REQUIRING REPORTING OF EXPLOSIVE INVENTORY; RE-
GULATING STORAGE OF EXPLOSIVES AND USE AND HANDLING
THEREOF; REGULATING BLASTING AGENTS AND PARTICLE
VELOCITY; REQUIRING THE KEEPING OF BLASTING RECORDS;
AND PRESCRIBING PENALTIES FOR VIOLATIONS OF THE
CHAPTER AS WELL AS STATE LAW AND REGULATIONS PER-
TAINING TO THIS SUBJECT; ALSO PROVIDING A SEVER-
ABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Dated at Key West, Florida, this 30th day of April, A.D.
1975.
RALPH v1. WHITE
Clerk of the Circuit Court of
Monroe County, Florida, and ex
officio Clerk of the Board of
County Commissioners of Monroe
County, Florida.
(SEAL)
Publish: Monday, May 5, 1975.
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~ttrttaqz af ~tatt
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
(904) 488-3918
BRUCE A. SMATHERS
SECRETARY OF STATE
June 2, 1975
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County
Post Office Box 1860
Key West, Florida 33040
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge receipt of a certified copy of
Monroe County Ordinance No. 75-5, which was received and
filed in this office on June 2, 1975.
Kindest regards.
Cordia lly,
BRUCE A . SMATHERS
Secretary of State
NK/mb