ARTICLE 7. ANHYDROUS AMMONIA

8-701. LICENSE REQUIRED.

It shall be unlawful for any person to use, or cause to be used, any land within the corporate limits of the city or within one-half mile of the city limits, for the storage or handling of anhydrous ammonia without a license. For the purpose of this article meaning of storage shall not include transporting the substance through the regulated areas without delay, but shall include all other keeping of the substance in the regulated area, however temporary in nature.

(Code 1987, 7-801)

8-702. CONDITIONS OF ISSUANCE.

The council shall issue such a license only when:

(a)    Containers shall be located outside of buildings except for buildings specifically constructed for the purpose of the storage.

(b)    Storage shall be located outside of densely populated areas, and at a distance of not less than 50 feet from the property line or from a source of drinking water, not less than 400 feet from any public assembly area, and not less than 1,000 feet from a school, nursing home or home for the aged.

(c)    Containers shall be located at least 50 feet from any containers of petroleum products.

(d)    Adequate safeguards shall have been taken by the license-holder, in the judgment of the council, to preclude anhydrous ammonia from leaking into the atmosphere or draining into the ground.

(Code 1987, 7-802)

8-703. TERMS; FEE.

The proposed licensee shall submit an application for a license to the city clerk, and pay therewith a licensing fee of $25.00. The license application shall then be submitted to the council at its next regular meeting. The council may approve or disapprove the application. If the application is approved, the license shall be good for one year from the date of approval, unless otherwise revoked by the council. (Code 1987, 7-803)

8-704. REVOCATION.

The council may revoke a license for ammonia storage upon finding that any of the conditions for issuance have been violated. Before making such determination, however, the council shall hold a hearing upon seven days written notice to the permit holder at the address stated in the permit application. The permit holder shall have an opportunity to attend the hearing in person and by attorney, and to present evidence.

(Code 1987, 7-804)

8-705. MAYOR’S DUTIES.

The mayor and his or her designees are authorized and directed to cause this article to be enforced within the regulated area.

(Code 1987, 7-804)

8-706. VIOLATIONS.

Each day on which a violation occurs or continues shall be deemed a separate offense. (Code 1987, 7-805)