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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 Pagel (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- Page 2 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 t , ORDINANCE NO. 84— to Page 3 r