Ordinance No. 84-41 a
CITY OF TIGARD, OREGON
ORDINANCE NO. 84- 1
AN ORDINANCE AMENDING 7.32.080 REQUIRING A PERMIT TO BLAST WITH EXPLOSIVES, TO
INCORPORATE THE DEFINITION OF EXPLOSIVE UNDER STATE LAW AND TO REQUIRE
INSURANCE TO THE LIMITS SET FORTH UNDER THE OREGON TORT CLAIMS ACT AND
DECLARING AN EMERGENCY.
WHEREAS, local governments may be liable for certain acts or omissions for
money damages as prescribed by state law; and
WHEREAS, the provisions of TMC 7.32.080 require less insurance coverage than
the limits set by state law; and
WHEREAS, the City could be liable for the difference between the amount of the
permitee's insurance and the limits of liability under state law.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. Delete 7.32.080(a) and insert the following:
(a) No person shall, without having first received a permit from
the City Engineer, explode or cause to be exploded any
explosive for any purpose. "Explosive" means a chemical
compound, mixture or device that is commonly used or intended
for the purpose of producing a chemical reaction resulting in
a substantially instantaneous release of gas and heat,
including but not limited to dynamite, blasting powder,
nitroglycerin, blasting caps and nitro-jelly,- but excluding
fireworks as defined by ORS 480.110 (1) 1984 Oregon Laws;
black powder, smokeless powder, small arms ammunition and
small arms ammunition primers.
SECTION 2. Delete 7.32.080 (b) and insert the following:
(b) The City Engineer, before issuing a permit for the use of
explosives, shall require the person to whom the permit is to
be issued to:
(1) Complete an application form and state the dates, time
and specific place where the explosives will be used,
the purpose for which the explosive will be used, the
type of explosive which will be used, the maximum number
of units to be used,, and the name and _address of the
person who will be using the explosives,
(2) Provide a Tetter or other evidence from the insurance
carrier of the person to whom the permit will be issued
that:
ORDINANCE NO. 84
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(A) The policy shall remain in continuous effect for
the time period for which the permit is issued.
The letter or other evidence shall identify the
time period for which the insurance shall remain in
effect; and
(B) The person to whom the permit will be issued has
insurance coverage to the amount required under
Section 3.
t
SECTION 3. Delete 7.32.080 (c) and add the following:
(c) No permit for the use of explosives shall be issued by the
City Engineer until the person to whom the permit will be
issued provides evidence of insurance for such amounts as the
City Engineer deems necessary to protect the City and any
person or property in the City from all damage or loss that
might result from the use of explosives and to protect the
City, its officers, agents and employees from all claims for
such damage or loss. In no case shall the required insurance
coverage be less than the following:
(1) Fifty thousand dollars ($50,000) to any claimant for any
number of claims for damage to or destruction of
property, including consequential damages, arising out
of a single accident or_occurrence;
(2) One hundred thousand dollars ($100,000) to any claimant
for all other claims arising out of a single accident or
occurrence; and
(3) Three hundred thousand dollars ($300,000) for any number
of claims arising out of a single accident or occurrence.
SECTION 4.. Add the following to 7.32.080:
(d) The City Engineer shall have the power and authority to limit
the time, dates and force of the explosions to be made.
SECTION 5. Add the following: to 7.32.080
(e) The City Engineer shall have the authority to deny an
application for a permit upon a finding that:
(1) The requirements of these code provisions have not been
satisfied;
(2) There is a danger to the public safety, surrounding
properties, or individual persons; or
(3) The applicant does not have a certificate of possession
required understate law.
ORDINANCE 40. 84-
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t SECTION b. Add the following to 7.32.080:
t (f) The permit shall not be transferable to any other person, to
any other location or to any other time or date. It shall be
specific to the person, to the location and to the other
information required by these code provisions. The use of
explosives in a manner other than provided on the permit
shall be deemed to constitute an offensive of using
explosives without a permit.
SECTION 7. Add the following to 7.32.080:
(g) The offense of using explosives without a permit shall be a
Class A misdemeanor.
SECTION 8. In order to provide the City with the authority to require
insurance sufficient to protect it from possible money damages, to
assure Edequate protection for properties and person in the
Vll'l ^f blestareaso areaand to protect the public health, G
liity v c
safety and welfare, an emergency is declared to exist and is
hereby declared and the ordinance shall become effective upon
passage and approved by the Mayor.
PASSED: 3y 121u g h l ila of- vote of all Council members present after
being read by number and title only, this 9 "'' day
of 1984.
r
Deputy City Recorder C' cf Tigard
�.
APPROVED: This ��` day of ! 1984.
WyKi�tyof Tigard
AB:gm/1701A
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