HomeMy WebLinkAboutProposed Text Amendment Explosives Detonation OrdinanceATTACHMENT
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EXPLOSIVES DETONATION ORDINANCE
OF
HARNETT COUNTY, NORTH CAROLINA
Harnett County Board Of Commissioners
Jim Burgin, Chairman
Gordon Springle, Vice Chairman
Abe Elmore
Barbara McKoy
Joe Miller
Adopted March 16, 2015
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Table of Contents
Section 1 Title………………………………………………. 3
Section 2 Purpose…………………………………………... 3
Section 3 Authority and Enactment………………………. 3
Section 4 Jurisdiction………………………………………. 3
Section 5 Severability….…………………………………… 3
Section 6 Conflict with Other Laws…….…………………. 3
Section 7 Amendment……………...……………………….. 3
Section 8 Definitions...………………………………………. 4
Section 9 Explosives Restrictions……...… ……………….. 5
Section 10 Exceptions………….……………………………. 5
Section 11 Violations and Penalties………………………... 6
Section 12 Right of Appeal and Appeal Hearing Board….. 7
Section 13 Effective Date………….………………………… 8
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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 Harnett County 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
Statues Chapter 153A – 128 hereby ordains and enacts into law this Ordinance.
Section 4 Jurisdiction
Under the authority granted by North Carolina General Statue 153A-122, the Harnett
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 the 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 County
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 Harnett County Board of
Commissioners of the County of Harnett on its own motion or on petition and after public
notice and hearing.
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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 close 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 the 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 prohibited for any explosion to occur:
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 school, church, daycare, or nursing home; 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 and 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 an impairing substance 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.
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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.
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 Penalties
11.1 Violations
Any person who causes a prohibited explosion or; any person that maintains, leases,
rents or owns properties in which a prohibited explosion occurs shall be held in violation
of this Ordinance.
11.2 Penalties
A violation of this Ordinance shall not constitute a criminal misdemeanor or infraction.
Violations of this Ordinance shall be a local offense and subject the violator to civil
penalties and/or appropriate equitable remedies issued from a court of competent
jurisdiction in accordance with N.C.G.S. 153A-123. Upon determination of a violation of
the Ordinance, a duly sworn and authorized officer, may utilize enforcement discretion
and issue either a warning citation or a civil citation. If a warning citation is issued, it shall
specify that additional violations will result in a civil citation and the appropriate penalty.
11.2.1 Civil Citation
A civil citation shall subject the violator to a civil penalty in the amount of five hundred
($500.00) dollars. Citations may be issued and charged as a separate and distinct
offense for each day that the violation continues or occurs. Failure to pay the penalty
within fifteen (15) days from receipt of the notice of civil penalty shall subject the violator
to a civil action in the nature of debt for the stated penalty plus any additional penalties,
together with the cost of the action to be taxed by the Court.
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11.2.2 Settlement of Civil Claim
The Harnett County Finance Department is authorized to accept payment in full and final
settlement of the claim(s), right or rights of action which the County may have to enforce
such penalty by civil action in the nature of debt. Acceptance of a penalty shall be deemed
a full and final release of any and all claims, or right of action arising out of contended
violations.
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 Statue 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 Right of Appeal and Appeal Hearing Board
12.1 Right of Appeal
A violator that has received a civil citation may appeal the citation by completing the
appeal notice portion of the civil citation and returning it to the Harnett County Sheriff’s
Office within ten (10) calendar days of the issuance of the citation. Upon proper appeal,
payment of civil penalties shall be suspended pending the findings of the Appeal Hearing
Board. An appeal from the final decision of the Appeal Hearing Board can be taken to
Superior Court by filing a notice of appeal and a petition for review within ten (10) days of
the final decision of the Appeal Hearing Board. Failure to pay penalties within fifteen (15)
days after a responsible finding by the Appeal Hearing Board will be considered a failure
to pay a civil penalty and shall subject the violator to a civil action in the nature of debt for
the stated penalty plus any additional penalties, together with the cost of the action to be
taxed by the Court.
12.2 Appeal Hearing Board
Appeals resulting from the enforcement of this Ordinance will be heard by an Appeal Hearing
Board. The Appeal Hearing Board shall be composed of an appointee from the Sheriff’s
Office, Development Services, County Manager’s Office, Board of Commissioners and a
citizen of Harnett County. The Appeal Hearing Board members shall be appointed by the
Harnett County Board of Commissioners to serve until a successor is appointed. A designee
from the Sheriff’s Office shall provide administrative support, schedule hearings, issue written
findings and maintain records of all appeal hearings. The Appeal Hearing Board will meet
monthly on the second Tuesday following the Board of Commissioners work session if
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scheduled by a representative of the Sheriff’s Office. Conformation of the hearing will be sent
to the violator, specifying the date, time and location to appear. Any violator that is scheduled
to appear before the Appeal Hearing Board and does not attend or send a representative on
his/her behalf, shall voluntarily waive their right to appeal and be found in violation of the
provisions of the Ordinance. Upon the conclusion of the hearing, written findings shall be
issued to the appellant.
Section 13 Effective Date
This Ordinance shall take effect and be in force upon adoption.
Duly adopted this 16th day of March, 2015