[HISTORY: Adopted by the Common Council of
the City of Peekskill 4-6-1964 (Ch. 118 of the 1984 Code). Amendments noted where applicable.]
A.
No person shall blast or cause to be blasted any rock
or other substance with any explosive in the City of Peekskill as
defined in this chapter without having first obtained a permit from
the City Clerk covering the specific blasting operation upon written
application in a form approved by the Director of Public Works.
[Amended 6-24-2019 by L.L. No. 3-2019]
B.
Before such permit is issued, the person shall submit
evidence in the form of a certificate of insurance issued by an insurance
company authorized to do business in the State of New York and in
a form acceptable to the Corporation Counsel, guaranteeing that the
applicant has in full force and effect a policy of public liability
insurance, including a specific endorsement covering the liabilities
arising from blasting, and providing bodily injury coverage of not
less than $2,000,000 and property damage insurance of not less than
$1,000,000. Such policy shall also provide to save the City harmless
from all claims, actions and proceedings brought by any person, firm
or corporation for injury to person or property resulting from or
occasioned by such blasting operations. Such policy shall contain
the provision that the policy shall not be canceled, terminated, modified
or changed by the company unless 10 days' prior written notice is
sent to the City by registered mail. Such policy shall also provide
that the presence of an inspector of the City on the site of the operations
shall not affect the obligation of the insurer under its policy. No
permit shall be valid unless such insurance is in full force and effect.
[Amended 8-19-1985]
C.
Before such permit is issued, the person shall submit
his current state explosives license and competence permit for review,
as issued under Article 16 of the Labor Law. No City permit shall
be valid unless such state licenses are in full force and effect for
the applicant.
[Added 8-19-1985]
D.
Before such permit is issued, the person shall deposit
an amount with the City deemed sufficient by the Director of Public
Works to cover the salary and benefit costs of a City inspector to
be present during all blasting operations for which the permit is
intended.
[Added 8-19-1985; amended 6-24-2019 by L.L. No. 3-2019]
[Amended 12-21-1981; 8-19-1985; 7-8-1991; 9-25-2017 by L.L. No. 2-2017; 6-24-2019 by L.L. No. 3-2019]
Such permit, when approved and signed by the Director of Public
Works and upon payment of a fee to the City Clerk as set forth in
the Consolidated Fee Schedule maintained in the office of the City
Clerk, or such other fee as may be fixed from time to time by the
Common Council, shall be issued and signed by the City Clerk, who
shall keep a record thereof. Each permit shall specify the name of
the permittee, the date of expiration (which shall be no later than
three months from the date of issue) and the particular place where
the blasting is to be done. The Common Council may revoke any permit
issued hereunder at any time.
[Amended 6-24-2019 by L.L. No. 3-2019]
No person shall use, in a blasting operation,
a quantity of explosives greater than necessary properly to start
the rock or other substances, nor use such an amount as will endanger
persons or property. The Director of Public Works may limit the maximum
quantity of explosives to be used, but no action by the Director of
Public Works shall relieve or exempt any person or insurance company
from liability for damage caused by the use of such explosives.
[Amended 8-19-1985]
All blasts, before firing, shall be covered
with rope or metal matting, heavy timbers chained together or other
suitable screens 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. All blasting shall
be in accordance with applicable state and federal laws and regulations.
[Amended 8-19-1985]
No person shall fire or explode, or direct or
cause to be fired or exploded, any blast in or near any highway or
public place in the City of Peekskill unless a warning air blast is
given to give proper warning thereof at least three minutes in advance
of firing and two warning air blasts are given at the conclusion of
the blasting operation.
No person shall conduct blasting operations
within the City of Peekskill after the hour of 5:00 p.m. and before
8:00 a.m. nor at any time on Sunday, except under authority of a special
permit issued by the Common Council.
During blasting operations, explosives shall
be stored separately from igniters, and for this purpose separate
receptacles shall be built or provided and placed at a reasonable
distance apart one from the other.
[Amended 6-24-2019 by L.L. No. 3-2019]
The Director of Public Works is hereby authorized
and empowered to establish and promulgate rules and regulations concerning
blasting operations in the City of Peekskill, storage of explosives
and other matters contained in this chapter, not inconsistent with
the other provisions of this chapter. Such rules and regulations,
when established and promulgated by the Director of Public Works,
shall be binding upon all persons to whom a permit is issued pursuant
to this chapter.
[Amended 8-19-1985; 5-14-2007 by L.L. No.
3-2007]
Any person or entity violating any of the provisions
of this chapter, upon conviction thereof, shall be subject to a fine
of $500 for each offense. Every violation of any provision in this
chapter shall be a separate and distinct offense, and in case of continuing
violation, every day's continuance thereof shall be deemed to be a
separate and distinct offense.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes a corporation, association, executor and administrator,
singly or jointly.
