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Ordinance"AN ORDINANCE REGULATING BLASTING AND THE USE OF EXPLOSIVES IN BLASTING OPERATIONS" ;ection 1. Statement of Legislative Intent This ordinance is enacted in recognition of the fact that blasting operations and the use of explosives in connection therewith which are taking place in the Town can be dangerous and constitute a potential public and private nuisance. The said blasting operations are and have been a source of potential -danger to`persons and property, are of a highly volatile nature and are obvious sources of potential physical harm to residents and others_ in the Town. The blasting operations and use of explosives in connection therewith creates a situation, which if not properly controlled, will make the Town a less safe and less pleasant place in which to live, to engage in.business and ca. -&I harm the welfare of the Town as a whole. The intent of this ordinance is r' to establish procedures for the regulation of blasting and the use of explosives in blasting operations in the Town:of Wappinger. ..ection 2. Title This ordinance shall be known as an ordinance regulating lasting and the use of ex plosives in.blasting-operations.. ection 3. Definitions _ Whenever used in this ordinance: (a) "Board" means the Board of Standards and Appeals of the Department of Labor of the State of New York. (b) "Labor Law" means the Labor Law of the State of ew York. (c) "Codes", "Rules" and "Regulations" means the Codes, if rules and Regulations which are promulgated by the Board cf 1 Standards and Appeals of the Department of Labor of the State of L'iew York. (d) "Explosives" means gunpowder, powders used for blasting, high explosives, blasting materials, detonating fuses, detonators and other detonating agents, smokeless powder- and V i .nd any chemical compound or any mechanical mixture containing an-- ixidizing combustible units, or other ingredients in such >roportions, quartities, or packing that -ignition by fire, friction;. ;oncussion, percussion or detonation of any part thereof may and is Lntended to cause an explosion, but shall not include gasoline, cerosene, naphtha, turpentine, benzine, acetone, ethyl .ether and benzol. Fixed a. -,munition and primers for small arms, firecrackers, Safety fuses and matches shall not be deemed to be explosives when, as may be determined by the board in its rules, the individual unii contain any of the above-mentioned articles or substances in such limited quantity, of such nature and so packed that it,is:impossib' to produce an explosion of such units to the injury of life, limb or property. (e) "Building" means any building regularly occupied in whole or in.part as a.habitation for human beings,.and any church, school house, railway station or other ­building. -or place where people are accustomed to live, work or asse,,-Aw le. (f) "Person" includes natural person, partnership, association or corporation. Section 4. Licenses (a) No person shall purchase, -own, possess, transport IM or use explosives operations in the Town of Wappinger outside the limits of any incorporated village therein unless a license therefor shall have been issued as provided under the Labor Law. (b) In addition to the aforementioned license, no 1person shall blast or use any explosives in blasting operations in jthe Town of Wappinger outside the limits of any incorporated ,village therein unless a blaster's license therefor shall be i Il issued as hereinafter provided. -2- Section 5. Blaster's License (a) A blaster's license shall be issued by the Town Clerk of the Town of Wappinger upon application orr forms pre- scribed by her, and upon payment of a fee of Five ($5.00) Dollars providing the applicant shall have complied with the requirements as provided for under the Labor Law and under the Codes, Rules and Regulations, and shall, in addition, stall have furnished evidence in the form of a certificate of insurance issued by an, insurance company authorized to do business in the State of New York, in form acceptable to the Town Attorney guaranteeing that the applicant has in full force and effect at the time of.the making of such application a policy of public liability insurance including a specific endorsement covering any and all liabilities arising from blasting operations. The said policy -and certificate shall provide for bodily injury coverage in limits of not less than One Hundred Thousand to Three Hundred Thousand Dollars ($100,000/ $300,000) and for property damage coverage in limits of not less t Twenty-five Thousand ($25,000.00) Dollars and shall further provid that the Town of Wappinger, Dutchess County, New York, will be aan held harmless from any and all claims, actions and proceedings, which may be brought against it by any person, firm or corporation (for injury to person or damage to property resulting from or occasioned by such blasting operations. Such policy shall contain the further provision that it shall not be cancelled,Iterminated, s modified or changed by the insurance company issuing it unless at least 10 days prior written notice of such cancellation,\ termination, mopdification or change is sent to the mown Clerk by registered mail. The policy shall further provide that the presence of the Town Engineer or any cDnsuilting engineer responsib e for specific town projects or their representatives on the site of the operation shall not.affect the obligation of the insurer under its said policy. 'No blaster's license shall be valid unless such insurance coverage shall rcmain in full force and effect. -3- (b) The blaster's license shall be valid for one year from the date of its issuance provided that applicant shall compl-, with the requirements contained in.t'ris ordinance, with the Labor Law and with the said Codes, Rules and Regulations. Section 6. General Provisions for Handling Explosives. The holder of a blaster's license aforementioned shall' perform blasting operations in accordance with the provisions; regulations and requirements of the Labor Law and of the Codes, Rules and Regulation and,any and all amendments thereto, and in addition, shall perform such blasting operations in accordance with recommended good practices usually employed in the industry. Section 7. Hours of Blasting. It shall be unlawful to blast or carry on any blasting operation during other than daylight hours, or -at any time on Sunday, except with the approval in writing'of.the'Town Engineer. Section 8. Covering Blasts. , Before firing any blasts, except where the same is in a tunnel, the material to be blasted shall be covered on the top and sides with heavy woven material of rope, wire or rubber, of sufficient size, weight and strength to prevent the escape of broken rock or other material in a manner liable to cause injury or damage to persons or property unless written permission dis- pensing with the same is obtained from the Town Engineer or any consulting engineer responsible for specific town projects. Section 9. Exemptions. The provisions of this ordinance 'shall, not apply to any of the following: (1) Agencies of the United States, including iu* Armed Services. (2) The State of New York and its political "d civil subdivisions; (3) -Any school district or portion thereof oL1Oted in • 1 the Town: i r f ` (b) The blaster's license shall be valid for one year from the date of its issuance provided that applicant shall compl-, with the requirements contained in.t'ris ordinance, with the Labor Law and with the said Codes, Rules and Regulations. Section 6. General Provisions for Handling Explosives. The holder of a blaster's license aforementioned shall' perform blasting operations in accordance with the provisions; regulations and requirements of the Labor Law and of the Codes, Rules and Regulation and,any and all amendments thereto, and in addition, shall perform such blasting operations in accordance with recommended good practices usually employed in the industry. Section 7. Hours of Blasting. It shall be unlawful to blast or carry on any blasting operation during other than daylight hours, or -at any time on Sunday, except with the approval in writing'of.the'Town Engineer. Section 8. Covering Blasts. , Before firing any blasts, except where the same is in a tunnel, the material to be blasted shall be covered on the top and sides with heavy woven material of rope, wire or rubber, of sufficient size, weight and strength to prevent the escape of broken rock or other material in a manner liable to cause injury or damage to persons or property unless written permission dis- pensing with the same is obtained from the Town Engineer or any consulting engineer responsible for specific town projects. Section 9. Exemptions. The provisions of this ordinance 'shall, not apply to any of the following: (1) Agencies of the United States, including iu* Armed Services. (2) The State of New York and its political "d civil subdivisions; (3) -Any school district or portion thereof oL1Oted in • 1 the Town: (4) Any district corporation; (5) Any public benefit corporation; \. (6) Police and fire -fighting forces: _Section 10 Violation and Penalty_. Any person violating any of the provisions of this ordinance, or failing to comply therewith, shall be guilty of a n misdemeanor and, upon conviction, shall be punished by imprison- ment for a teen of not more than one year, or by a fine of not more than one thousand dollars, or both such fine and impri,son- ment. Each violation of any provision of this,ordinance shall be a separate and distinct offense, and in case of continuing viola- tion, each day such violation shall be permitted to exist shall constitute a separate offense. , Section 11. Repeal of Inconsistent Ordinances,* All ordinances or parts of ordinances not..consistent with the provisions of this ordinance are hereby repealed. Section 12. Separability If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than .the part so decided to be invalid*or unconstitutional. Section 13. When Effective This Ordinance shall take effect immediately upon adoptic and publication as provided by law. Introduced by r Seconded by \���, �• Vote: Councilman Clausen. i=,•, Councilman Finnan r Councilman Heady (� ; i Councilman Mills Supervisor Diehl ��_ BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: Section 1. Section 5 of "AN ORDINANCE REGULATING BLASTING A"10 THE USE OF EXPLOSIVES IN BLASTING OPERATIONS" adopted by the Town Board of the Town of Wappinger on August 12, 1968 is amended by deleting the provisions thereof in its entirety and by substituting in place thereof the following: Section 5. Blaster's License. (a) A blaster's license shall be issued by the Town Clerk of the Town of Wappinger upon application on forms prescribed by her, and upon payment of a fee of FIFTY ($50.00) DOLLARS providing t':a applicant shall have complied with thy_ requirements as provided for under the Labor Law and under the Codes, Rules and Regulations and all other state statutes and regulations as well as all local laws and ordinances and shall, in addition, have furnished evidence is the form of a cetificate of insurance issued by an insurance company authorized to do business in the Sta.t,? of New York , in form acceptable to the Attorney to the Town guaranteeing that the applicant has in full force and effect at the timte of the making of such applica_'on a policy of pu��ii.c liability insurance includia� a specific endorsement covering any and ali I iabil -C.,es arising f n blasting operations. The- said poi_cy and certificate shall pry..aa for bodily injury coverage in limits car Tlot 1?s, t'i-i..-I Five Hundred T'zousand to One Million Dollars ($500,000/$1,000,000) and for nr:>>>arty 13 ,fie cover;;12t in limits of not less than Two Hundre,i Fifty Thousar. d ($250,;-)70) Dollars and shall furt;zsr provide tha` the Town of GJappinger, Dutcne5s New York will o ht-ild laarmii!ss - y from any and all claims, actions and proceedings, which may be brought against it by any person, firm or corporation for injury to person or damage to property resulting from or occasioned by such blasting operations. Such policy shall contain the further provision that it shall not be cancelled, terminated, modified or changed by the insurance company issuing it unless at least ten days prior written notice of such cancellation, termination, mbdification or change is sent to the Town Clerk by registered mail. The policy shall further provide that the presence of the Town Engineer or any consulting engineer responsible for specific town projects or their representatives on the site of the operation shall not affect the obligation of the insurer under its said policy. No blaster's license shall be valid unless such insurance coverage shall remain in full force and effect. (b) All applications shall be made at least ten days before the date of blasting activities. Each blasting permit application shall be accompanied by a certification from the zoning administrator and/or building inspector that the applicant or the owner of the land where the blasting activity shall ta',-,e place has obtained all necessary permits or that zoning or building permits are not necessary. All applications shall fully describe the notice or' the activity for which the blasting is being u:laertaken and shall idantify the name, address and telephone number of the person who has authorized the blasting activity, and contain written authorization by the landowner for 5«ch activity. (c) The blaster's license shall oa valid only for one day at the location specified on the permit, its iss-aanc providing that she applicant shall comply with the requirements contained in this ordinance, with the Labor Law and with the said Codes, Rules and Regulations. Separate application must be made for renewal or extension, and a fee of $10.00 shall accompany each application for renewal or extension. Extension or renewal for a date fifteen or more days beyond the first permit date shall not be permitted. Section 2. This ordinance shall take effect immediately upon adoption and publication as provided by law.