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Amended 06/05/1981TOWN OF WAPPINGER BLASTING ORDINANCE • Adopted 8/12/68 Amended 6/8/81 AN ORDINANCE REGULATING BLASTING AND THE USE OF EXPLOSIVE IN BLASTING OPERATIONS SECTION 1. Statement of Legislative Intent This ordinance is enacted in recognition of the fact that blasting operations and the use of explosives in conection 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 can harm the wel- fare of the Town as a whole. The intent of this ordinance is to establish procedures for the regulation of blasting and the use of explosives in blasting operations in the Town of Wappinger. SECTION 2. Title This ordinance shall be known as an ordinance .dating blasting and the use of explosives in sting operations. PION 3. Definitions Wherever 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 New York. (c) "Codes", "Rules" and "Regulations" means the Codes, Rules and Regulations which are promulgated by the Board of Standards and Appeals of the Department of Labor of the State of New York. (d) "Explosives" means gunpowder, Powders used for blasting, high explosives, blasting materials, detonating fuses, detonators and other deton- ating agents, smokeless powder and any chemical. compound or any mechanical mixture containing any oxidizing combustible units, or other ingredients in such proportions, quantities, or packing that ignition by fire, friction, concussion, percussion or detonation of any part thereof may and is intended to cause an explosion, but shall not include gasoline, kerosene, naphtha, turpentine, benzine, acetone, ethyl ether and benzol. Fixed ammun- ition 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 units contain any of the above-mentioned articles or substances in such limited quantity, of such. nature and so packed that it is impossible to produce an explosion of such units to the injury (e) "Building" means any building regularly occupied in whole or in part as a habitation for human beings, and any church, schoolhouse railway station or other building or place where people are accustomed to live, work or assemble. (f) "Person" includes natural person, partnership, association or corporation. SECTION 4. Licenses (a) No person shall purchase, own, possess, trans- port or use explosives in operations in the Town of Wappinger outside the limits of any incorporated village therein unless a license therefore shall have been issued as provided under the Labor Law. (b) In addition to the aforementioned license, no person shall blast or use any explosives in blasting operations in the Town of Wappinger outside the limits of any incorp- orated village therein unless a blaster's license therefor shall be issued as herein- after provided. 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 the applicant shall have complied with the 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 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 Attcrne- to the Town guaranteeing that the applicant has in full force and effect at the time of the making of such application a policy of =12 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 Five Hundred Thousand to One Million Dollars ($500,000/$1,000,000) and for property damage coverage in limits of not less than Two Hundred Fifty Thousand ($250,000) Dollars and shall further provide that the Town of Wappinger, Dutchess County, New York, will be 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 occassioned by such blasting_ operations. Such policy shall contain the further provision that it shall not be cancel-- terminated, ancel=terminated, modified or changed by the insuranc company issuing it unless at least ten days prior written notice of such cancellation., termination, modification 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 engines_ responsible for specific town projects or the_ representatives on the site of the operation shall not affect the obligation of the insures 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 zonin: administrator and/or building inspector that the applicant or the owner of the land where the blasting activity shall take place has obtained all necessary permits or that zoning or building permits are not necessary. All and contain written authorization by the landowner for such activity. (c) The blaster's license shall be valid only for one day at the location specified on the permit, its issuance providing that the applicant shall comply with the requirements contained in this ordinance, with the Labor Law and with the said Codes, Rules and Reg- ulations. Separate application must be made for renewal or extension, and a fee of Ten Dollars ($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. TION 6. General Provisions for Handling Explosives The holder of a blaster's license aforementioned 11 perform blasting operations in accordance with provisions, regulations and requirements of the or Law and of the Codes, Rules and Regulation and and all amendements thereto, and in addition, shall form such blasting operations in accordance with ommended good practices usually employed in the istry. rION Z. Hours of Blasting It shall be unlawful to blast or carry on any +-i nn n- ­t 4 — A—; nr. .,+-k.,,.- 4-L.,, .7-...'l 4.-.U. 1,.. _-- I B. Covering Blasts fore firing any blasts, except where the same tunnel, the material to be blasted shall be on the top and sides with heavy woven material , wire or rubber, of sufficient size, weight and a to prevent the escape of broken rock or other L in a manner liable to cause injury or damage Dns or property unless written permission dis- with the same is obtained from the Town Engineer :onsulting engineer responsible for specific town 9. EXEMPTIONS provisions of this ordinance shall not apply to he following: Agencies of the United States, including the Armed Services; The State of New York and its political and civil subdivisions; Any school district or portion thereof situated in the Town; Any district corporation; Any public benefit corporation; ordinance, or failing to comply therewith, shall be guilty of an unclassified misdemeanor and, upon conviction, shall be punished by imprisonment for a term of not more that one year, or by a fine of not more than one thousand dollars, or both such fine and imprisonment. Each violation of any provision of this ordinance shall be a separate and distinct offense, and in case of continuing violation, 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 adoption and publication asprovided by law. -7-