11361ORDINANCE NO. 11061
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, BY ADDING A_CHAPTER
ENTITLED-CHAPTER 8A, BLASTING; REGULATING THE SHOUTING
OF. DYNAMITE .OR,. dTHER EYPIASIVES WITHIN. THE, CITY, PRO-
VIDING.FOR_FEES AND PENALTIES; AND_FOR OTHER _PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS:
SECTION 1. The Code of Ordinances of the City of Little
Rock, Arkansas, is hereby amended by adding a Chapter to be
entitled Chapter 8A, Blasting, as follows:
"CHAPTER 8A
BLASTING
Sec, 8A -1. Permit required.
From and after the passage of this ordinance, it
shall..be unlawful for any person, firm or corporation,
or its or their agent, to use dynamite or any other
explosive of any type within the corporate limits of
the City, without first obtaining a permit for same
from the Department of Community Development. The term
"explosive" shall not include fireworks or pyrotechnics
regulated under other sections of this Code.
Sec. 8A -2. Supervision.
The Director of the Department of Communityy Develop-
ment or his duly authorized agent shall personally super-
vise the shooting of all explosives and shall be given
reasonable notice by the person, firm, corporation, or
its or their agent, in charge of said shooting of the
time, place and circumstances of same.
Sec. 8A -3. Safety precautions.
Any person, firm or corporation using explosives
shall cover the orifice with mats or timbers of sufficient
width, length and,thickness, or other safety precautions
approved by the Department of Community Development, so
as to prevent fragments of rock, earth and debris from
ascending into the air. The shooting of dynamite or ex-
plosives shall be allowed,' on at locations where, in the
judgment of the Director of the Department of C®mmmity
Development, such explosion will-not be likel to cause
injury to persons or property and where no =lie utilities
or public property will likely be affected adversely with-
out the consent of the utility company or department so
affected.
Sec. 8A -4. Permit fee.
A fee shall be charged by the City for shooting of
dynamite within its limits, which fee shall defray the
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inspection expense actually incurred by the City in
the sum of Ten Dollars ($10.00) per day. Payment of
said fee shall be made to the City Collector prior to
any blasting or shooting of dynamite or explosives
within the City, and the receipt from the City Collector
shall be prerequisite to the issuance of the permit by
the Director of the Department of Community Development,
Sec. 8A -5. Insurance and Bond requirements.
Any person, firm or corporation, or any agent of
BA me, s 1, prior to receiving the permit required
herein, show good proof of public liability insurance in
a sum of not less than $100,000 for any one person and
$300 000 for all persons who may be personally injured
and J100,000 for property damage to the property of any
one and all persons, together with a surety bond in the
penal sum of $1,000 conditioned upon compliance with the
provisions hereof and the payment of all sums due here-
under by way of fees or otherwise.
Sec. 8A -6. Penalties and triple fees.
Any person, firm or corporation or any agent thereof,
who shall violate any provision of tiis ordinance shall,
u on conviction thereof, be guilty of a misdemeanor and
shall be fined in a sum not Less than $15.00 but not to
exceed $25.00 for the first charge of dynamite or explosive
set off.or shot and in a sum not less than $30.00 but not
to exceed $50.00 for each subsequent charge-of dynamite
or explosive set off or shot. Each subsequent shot shall
constitute a repetition of the original violation. If
any person, firm or corporation shall shoot any dynamite
or other explosive without first complying with the terms
of this ordinance, he or it shall be obligated to pay, in
addition to any fine imposed hereby, a fee equal to three
(3) times the fee for a permit as required in Section 8A -4
hereof for the number of days daring which blasting or
shooting of dynamite or other similar explosive has occurred
in violation hereof.
Sec. 8A -7, Exemptions.
Public utility companies operating and required to
furnish a public service under a franchise, franchises or
other consents granted by the City and paying to the City
an annual franchise or privilege tax, or both, or an annual
tax in lieu of franchise or privilege tax, and boards,
agencies or commissions of this City shall be exempted from
the foregoing Sections 8A -1 through 8A -6. Any such public
utility, agency, board or commission as shall be exempted
hereunder as provided in the foregoing sentence shall,
before doing any blasting within the City of Little Rock,
file with the Department of Community Development a safety
plan or outline containing the rules and conditions under
which it will conduct blasting and which shall be reasonably
calculated, in the opinion of the Director of the Department
of Community Development to safeguard the public both as
to persons and property In connection with any such blasting.
Any such public utility, agency, board or commission, and
any officer or agent thereof who shall perform any act of
blasting without strictly complying with its plan on file
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as aforesaid shall be guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not less than
$25.00 nor more than $50.00 and each charge of dynamite
shot or exploded by such person in violation of the said
plan shall constitute a separate offense."
SECTION 2, Ordinances No. 3212 and 9279 are hereby
repealed in their entirety. All other ordinances and parts of
ordinances in conflict herewith are hereby repealed and this
ordinance shall be in full force and effect from and after its
passage and approval.
PASSED: February 18, 1963
ATTEST:
City Clerk
APPROVED: 1
Mayor.