This chapter is adopted pursuant to authority
of §§ 66.0415 and 61.34(1), Wis. Stats.
The Village Board finds that while rock quarries
and other operations utilizing blasting produce socially beneficial
products and results, such operations, when conducted in a rapidly
developing and urbanizing community such as the Village and its environs,
can constitute offensive industry, produce nuisance conditions, adversely
affect the public health, safety, prosperity and general welfare,
and otherwise result in a deterioration of the quality of life and
aesthetically pleasing surroundings that are important to the continued
growth, development and prosperity of the Village, unless such operations
are rigorously regulated and controlled. In addition to the obvious
safety hazards associated with blasting and the potential physical
injury and damage that can result from flyrock, ground vibration,
airblast, noise and dust produced by blasting operations, such operations
can also result in unreasonable annoyance and serious indirect impacts
on neighboring properties and the community as a whole, such as diminution
of property values, resultant property tax loss and the shifting of
development patterns so as to be at odds with long-range land use
planning. If not prevented or controlled, such adverse effects of
blasting operations can far outweigh the beneficial aspects of such
operations.
It is not intended that this chapter will repeal
any preexisting ordinance provisions affecting blasting operations,
but whenever this chapter imposes greater or more stringent requirements
or restrictions on blasting operations than do preexisting ordinances'
provisions, the provisions of this chapter shall control. Whenever
this chapter imposes greater or more stringent requirements or restrictions
on blasting operations than does Ch. SPS 307 ("Explosives and Fireworks"),
Wis. Adm. Code, the provisions of this chapter shall control.
The provisions of this chapter shall be interpreted to be minimum requirements and shall be liberally construed in favor of the Village. Headings in this chapter are provided only for convenience and ease of reference. They are not intended to be referred to for the purpose of interpreting the provisions of this chapter. Words or phrases that are defined in § 132-7 shall have the meaning stated in the definitions. Undefined words or phrases shall have their common, ordinary meaning unless a particular meaning is clearly suggested by the context in which a particular word or phrase is used. As used in this chapter, "shall" is mandatory.
This chapter shall apply to all blasting operations located within the corporate limits of the Village or within the four-mile extraterritorial jurisdiction area established by § 66.0415, Wis. Stats., except as is specifically provided in § 132-7.
This chapter does not apply to the following
activities:
A.
Explosive materials while in the course of transportation
via railroad, water, highway or air when the explosive materials are
moving under the jurisdiction of and in conformity with regulations
adopted by any federal department or agency.
B.
The laboratories of schools, colleges or similar institutions
when confined to the purposes of instruction or research or to explosive
materials in the forms prescribed by the official United States Pharmacopeia
or the National Formulary and used in medicines and medicinal agents.
C.
The emergency operations of any government, including
all departments, agencies and divisions thereof, if they are acting
in their official capacity and in the proper performance of their
duties or functions.
D.
Pyrotechnics commonly known as "fireworks" or signaling
devices such as flares or torpedoes.
E.
Small arms ammunition.
F.
Gasoline, fertilizers and propellant-actuated power
devices or tools.
The following words or phrases shall have the
meaning specified below when used in this chapter:
An airborne shock wave resulting from the detonation of explosives.
An explosion resulting from an act of blasting.
Any individual holding a valid blaster's license issued by
the Wisconsin Department of Safety and Professional Services.
Any method of loosening, moving or shattering masses of solid
matter by use of an explosive, or the act of using an explosive for
such purposes.
Any explosive material or mixture, consisting of a fuel and
oxidizer, intended for blasting, not otherwise classified as an explosive,
if the material or mixture cannot be detonated by a No. 8 test detonator
when unconfined.
A metallic capsule containing an initiating explosive and
a base charge, open at the upper end to accept a section of safety
fuse and used for initiating the primer or main charge.
Any operation, enterprise or activity involving the use of
blasting.
The physical manifestations of forces released by blasting,
including but not limited to projectile matter, vibration and concussion,
which might cause injury, damage or unreasonable annoyance to persons
or property located outside the controlled blasting site area.
The area within which blasting will be conducted.
The horizontal distance from the face to the vertical holes
in which an explosive charge is to be detonated.
The area that fully includes and surrounds a blasting site
and:
A timing element interposed between the ignition head and
the detonating compound.
The Wisconsin Department of Safety and Professional Services.
Any device containing a detonating charge that is used for
initiating detonation in an explosive. The term includes, but is not
limited to, electric blasting caps of instantaneous and delay types,
blasting caps for use with safety fuses, detonating cord delay connectors,
and nonelectric instantaneous and delay blasting caps.
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion unless the compound,
mixture or device is otherwise classified by the Department by rule.
Explosives, blasting agents and detonators. The term includes,
but is not limited to, dynamite and other high explosives, slurries,
emulsions, water gels, blasting agents, black powder, pellet powder,
initiating explosives, detonators, safety fuses, squibs, detonating
cord, igniter cord and igniters.
The exposed vertical surface of rock resulting from blasting.
Rock or other solid materials that are propelled through
the air and along the surface of the ground as a result of a blast.
A shaking of the ground caused by the elastic wave emanating
from the blast.
A building regularly occupied in whole or in part as a habitation
for human beings, or any church, schoolhouse, railroad station, store
or other structure where people are accustomed to assemble.
Any building, container or structure other than an explosives
manufacturing building, of approved construction, used for the storage
of explosive materials.
The person who is responsible for a blasting operation at
a blasting site.
Any measure of ground vibration describing the velocity at
which a particle of ground vibrates when excited by a seismic wave.
Any individual, corporation, company, association, firm,
partnership, society or joint stock company.
A capped fuse, electric detonator or any other detonating
device inserted in or attached to a cartridge of explosive.
The inert material, such as drill cuttings, used in the collar
portion or elsewhere of a blast hole to confine the gaseous products
of detonation:
A blasting operation license for a blasting operation that
will not exceed 15 days in duration and will not be recurring in essentially
the same location.
An excessive, repeated noise, vibration or other disturbance
that is not justified, taking into account all of the facts of the
particular situation.
