Explosives Detonation Ordinance of Harnett County, North CarolinaEXPLOSIVES DETONATION ORDINANCE
OF
HARNETT COUNTY, NORTH CAROLINA
Harnett
C O U N T Y
NORTH CAROLINA
Harnett County Board Of Commissioners
Jim Burgin, Chairman
Gordon Springle, Vice Chairman
Abe Elmore
Barbara McKoy
Joe Miller
Table of Contents
Section 1
Title ........................ ...............................
3
Section2
Purpose .................... ...............................
3
Section 3
Authority and Enactment ............................
3
Section4
Jurisdiction ............... ...............................
3
Section 5
Severability ............... ...............................
3
Section 6
Conflict with Other Laws .............................
3
Section7
Amendment ............... ...............................
3
Section8
Definitions ................ ...............................
4
Section 9
Explosives Restrictions ...............................
5
Section10
Exceptions ................ ...............................
5
Section 11
Violations and Penalties ..............................
6
Section 12
Effective Date ............ ...............................
6
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Section 1 Title
This Ordinance shall be known and cited as the "Harnett County Explosives Detonation
Ordinance" (hereinafter referred to as "Ordinance ").
Section 2 Purpose
The purpose of this Ordinance is to implement standards for the detonation of explosives
that may cause injury, death or damage to personal property, whereas preserving the
personal freedom to engage in such activities, while promoting public health, safety,
welfare, comfort and prosperity of the citizens of Harnett County.
Section 3 Authority and Enactment
The Board of Commissioners of the County of Harnett, pursuant to the authority conferred
by the General Assembly of the State of North Carolina in General Statutes Chapter 153A
— 128 hereby ordains and enacts into law this Ordinance.
Section 4 Jurisdiction
Under the authority granted by North Carolina General Statute 153A -122, the county is
hereby authorized to enact this Ordinance within the rural areas of the county and outside
and beyond the corporate limits of any municipality of Harnett County.
Section 5 Severability
If any section of specific provision or standard of this Ordinance is found by a court to be
invalid, the decision of the court shall not affect the validity of any other section, provision,
or standard of this Ordinance.
Section 6 Conflict with Other Laws
It is not intended that this Ordinance repeal, abrogate, annul, impair, or interfere with any
existing provisions of any other ordinances or laws. However, if the requirements of any
other lawfully adopted rules, regulations, or ordinances of the County of Harnett conflict
with this Ordinance, the more restrictive or that imposing the higher standards will govern.
Section 7 Amendment
This Ordinance may be amended from time to time by the Board of Commissioners of the
County of Harnett on its own motion or on petition and after public notice and hearing.
Section 8 Definitions
Detonate
Any action that will cause an explosive material or device to explode.
Discharge
To eject or release a projectile or object by a sudden release of tension or pressure.
Encapsulate
To enclose within an object or outer shell for the purpose of containment.
Exploding Target
A device that is utilized for the purpose of shot confirmation. This type of target is
typically comprised of chemicals or materials that react in an explosive manner once
impacted by a projectile or a detonating device.
Explosion
The sudden, loud, and violent release of energy that happens when something breaks
apart in a way that sends parts flying outward.
Explosive
A material or combination of materials that have a likelihood of erupting in a violent
manner creating an explosion.
Permanent Building
A building which is built, constructed, used or intended to support and /or shelter any use
or occupancy that is attached to real property by means of permanent foundation,
plumbing or electrical connection and is required to obtain a permit and undergo an
inspection process in accordance with the North Carolina State Building Code.
Public Gathering Places
Locations that are subject to the assembly of a group of individuals for a uniform purpose.
The following shall be considered as Public Gathering Places: Schools, Churches,
Daycares, Parks, Playgrounds, Recreational Areas, Nursing Homes, Hospitals, Family
Care / Group Homes, Governmental Buildings and Grounds.
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Section 9 Explosives Restrictions
It shall be unlawful for any person to cause an explosion:
A. Within fifteen hundred (1,500) feet as measured in a straight line from the point of
detonation to the property line of any public gathering place ; or
B. Without written consent of the owners or tenants of all residential dwellings or
permanent buildings located within fifteen hundred (1,500) feet as measured in a
straight line from the point of detonation; or
C. Carelessly or heedlessly in wanton disregard for the safety of others; or
D. Without due caution or circumspection and in a manner so as to endanger any
person or property and resulting in the unlawful property damage or bodily injury
of another; or
E. In a manner resulting in projectiles or shrapnel leaving the property in which the
detonation or explosion occurred ; or
F. While under the influence of alcohol or a controlled substance (under the influence:
determination by the investigating officer that the person is intoxicated by alcohol
or a narcotic to the point where physical and mental faculties are appreciably
diminished); or
G. In the form of an exploding target when encapsulated therefore creating a
projectile or shrapnel; or
H. From the hours of sunset to sunrise.
Section 10 Exceptions
This Ordinance shall not be construed to rescind any of the state wildlife laws of North
Carolina nor shall it be construed to prohibit the following:
A. Officers and enlisted personnel of the armed forces of the United States while
in the performance of their official duties and acting under orders requiring them
to carry arms, weapons or explosives.
B. Civil officers of the United States while in the performance of their official duties.
C. Officers of the state or of any county, city, or town charged with the execution
of the laws of the state when acting in the performance of their official duties.
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D. The detonation of an explosive at a properly permitted and approved firing
range or facility operating as such prior to the adoption of this Ordinance.
E. The performance of an historical ceremony or commemorative functions that
are conducted involving the discharge of firearms or detonation of explosives
that do not involve the release of projectiles.
F. Any individual, group or company that possess a valid permit and is operating
under all Federal, State and Local guidelines prescribed for such use.
G. The use of pyrotechnics or fireworks meeting exempt specifications as
referenced in North Carolina General Statutes.
Section 11 Violations and Penalty
Each violation of this Ordinance shall constitute a Class 3 misdemeanor and any person
convicted of the same shall be fined not more than five hundred ($500.00) dollars and /or
imprisonment not exceeding thirty (30) days. A violation of this Ordinance may be
enforced by an appropriate, equitable remedy, including injunction and order of
abatement issued from a court of competent jurisdiction in accordance with North
Carolina General Statute 153A -123. Furthermore, a violation may cause a civil penalty to
be recovered by Harnett County in a civil action in the nature of a debt. Each day's
continuing violation of this Ordinance shall constitute a separate and distinct offense.
Section 12 Effective Date
This Ordinance shall take effect and be in force upon adoption.
Duly adopted this 16th day of March, 2015.
HARNETT COUNTY BOARD OF COMMISSIONERS
J
ATTEST:
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Mar ret Gina heeler, Clerk to the Board
Jim Burgin, Chairman