§ 13-17. Director of the Public Works Department to issue County licenses and/or user permits.

(a)

The Director of the Public Works Department is hereby authorized to:

(1)

Issue County user permits and County blaster licenses only to persons who hold state licenses or permits required by Florida law and who meet the requirements of this chapter.

(2)

Issue County helper licenses in accord with and pursuant to the provisions of this chapter.

(b)

Such County licenses and/or user permits shall be issued only after:

(1)

Payment of a fee established by administrative order which shall not become effective until approved by resolution of the Board of County Commissioners.

(2)

The filing of an application on a form prescribed by the Director signed and sworn to be the applicant showing the applicant's name, address, that he or she holds a valid State License and/or permit, the location or locations where the blasting is to be performed, that blasting at such location is authorized or permitted pursuant to County or municipal zoning regulations, and the distance between the location of the proposed blasting and any improved property.

(3)

The issuance of a County user's permit shall not authorize blasting in any area or location where the same is prohibited by any zoning regulations or other law, and shall be limited to the location designated in the application; provided, however, that if the amount of explosives to be used at any one (1) time whether fired or detonated as a single charge or by delay series does not exceed the total explosive power or capacity of two (2) pounds of forty (40) percent dynamite, the Director is authorized to issue a two-pound County user permit for the use of such amount of explosives without the same being limited to a particular location, provided, further, that the firing, detonating or exploding of any quantity of explosives on or against a boulder, rock strata, stump, tree or other object, or on the ground surface or in the open air and not confined in a bore, hole or any blasting commonly referred to as mudcapping or adobe blasting, is prohibited unless upon application and the payment of the required fee a user is granted a special user's permit for each and every location where such blasting is to be performed.

(c)

The Public Works Director is hereby authorized to revoke and/or to suspend County licenses and/or user permits for the following reasons:

(1)

Noncompliance with any order of the issuing authority within the time specified in such order.

(2)

In the event that the County license or user permit applicant or holder is under indictment for, or has been convicted of a crime punishable by imprisonment for a term exceeding one (1) year.

(3)

In the event the applicant is a fugitive from justice.

(4)

In the event the applicant is an unlawful user of, or is addicted to narcotics or dangerous drugs.

(5)

In the event the applicant has been adjudicated as mentally incompetent.

(6)

In the event that the County license or user permit applicant or holder suffers from a mental or physical defect that would reasonably interfere with the applicant's safe handling of explosives.

(7)

Violation by the County license or user permit applicant or holder of any provision of any explosives law or regulation; or in the event that false information was given or a misrepresentation was made to obtain the County license or user permit.

(d)

Appeal from revocation and/or suspension may be made in accordance with the provisions of Section 13-6 or Section 13-7(e) as applicable.

(Ord. No. 96-45, § 1, 3-19-96)