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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 ffe, -N A — G, - 2 - 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 - 3 - 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.