[HISTORY: Adopted by the Town Board of the Town of Warwick 11-9-1977 (Ch. 25 of the 1973 Municipal Code). Amendments noted where applicable.]
Peace and good order — See Ch. 109.
Permit required to perform blasting operation. No person shall blast or cause to be blasted any rock or other substance with any explosive, as defined in this chapter, in the Town of Warwick, without first obtaining a permit from the Town Clerk covering the specific blasting operation, upon written application in a form approved by the Town Board.
State license required. Before such permit is issued, the person shall have in his possession a valid license to purchase, own, possess, transport or use explosives, issued by the Explosives Licensing Unit, New York State Department of Labor, and no such license will be issued to anyone under 18 years of age or otherwise considered ineligible as defined in Section 459 of Article 16, Industrial Code Rule 39 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
Required insurance. No permit shall be issued under the provisions of this chapter to any person unless he 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 Town Attorney, 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 $100,000/$300,000 and property damage insurance of not less than $50,000/$100,000. Such policy shall also provide to save the Town of Warwick 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 not be canceled, terminated, modified or changed by the company unless 10 days' prior written notice is sent to the Town Clerk by registered mail. Such policy shall also provide that the presence of an inspector of the Town or its lawfully appointed representative on the site of 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. The certificate of insurance so submitted may be written for a specific job or may be a blanket certificate issued on a quarterly or yearly basis.
Issuance; fee; conditions. Such permit, when approved and signed by the Town Clerk, shall be issued upon payment of a fee of $5 for a quarterly permit, $15 for an annual permit or such other fee as may be fixed by the Town Board of the Town of Warwick from time to time hereafter. Each permit issued shall specify the name of the permittee, the date of expiration of the permit and the particular place where the blasting is to be done. A permit shall be issued for each blasting job during the period for which the permit is issued. The Town Clerk shall keep a record of each permit so issued, and the Town Board reserves the right to suspend or revoke any such permit at any time for failure to comply with this chapter.
Compliance with state regulations. It shall be unlawful for any person or persons to transport or cause or permit the transportation of explosives in any vehicle through, to or within the Town of Warwick in any manner which violates the provisions of Section 39.6 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
Guarding; stops. No person in charge of a vehicle containing explosives in transit shall allow such vehicle to remain unguarded at any time, and no person charged with the responsibility of such transportation shall make any unnecessary stops within the Town of Warwick. Where such stop is unavoidable, the person in charge of the vehicle containing the explosives shall strictly observe the Rules for Vehicles in Transit as defined in Paragraph g of Code Rule 39.6 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
State certificate required for storing. No person shall keep or store explosives unless a certificate therefor shall have been issued by the Industrial Commissioner, Department of Labor, State of New York, and such magazine owner or user shall be required to obtain an annual renewal of such certificate.
State license required for manufacturing or selling. No person shall manufacture, deal in, give or otherwise dispose of explosives unless a license therefor shall have been issued by the Commissioner as provided in § 458, Subdivision 2, of the New York State Labor Law, nor shall any person sell, give or dispose of explosives to, or manufacture explosives for, any person who does not hold a license as required by § 63-lB of this chapter.
Report of loss or theft. Any theft or loss of explosives from a storage magazine or otherwise shall immediately be reported to the Industrial Commissioner and the state or local police or County Sheriff.
Compliance with state law. No person shall store explosives except in a magazine constructed, located, marked and maintained in strict accordance with §§ 453, 454, 455 and 456 of Article 16 of the Labor Law of the State of New York.
State license required. Sporting or smokeless powders for reloading shells in an amount not in excess of five pounds and in the original containers may be kept in a building without storing such powders in a magazine, provided that such person possessing same is not ineligible to obtain such powders pursuant to Subdivision 11 of § 458 of the Labor Law.
Loading or reloading small-arms ammunition. Nothing in this chapter shall be construed to preclude the loading or reloading of small-arms ammunition or the storing of small quantities of sporting or smokeless powders, provided that the person doing same is not ineligible to obtain such powders as provided in Subsection A above.
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 Town Board may limit the maximum quantity of explosives to be used, but no action by the Town Board or its duly authorized representative shall relieve or exempt any person or insurance company from liability for damage caused by the use of such explosives.
Preparation for firing. The person in charge of blasting operations shall assign only persons who are qualified to perform the work safely and shall, before firing, cover all prepared blasts with a rope or woven metal mattress, heavy timbers chained together or other suitable screens of sufficient size, weight and strength to prevent the escape of broken rock or other debris in a manner liable to cause injury or damage to persons or property.
Protection of highways and public places. 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 Town of Warwick unless competent men, carrying a red flag, shall have been placed at a reasonable distance on all sides of the blast to give proper warning thereof at least three minutes in advance of firing.
Prepared blasts not to be kept overnight; exception. No blasts prepared for firing shall be allowed to remain overnight except in an emergency resulting from a misfire, when a watchman shall be provided to keep unauthorized persons at a safe distance.
Electrical storms. All blasting operations and any handling of explosives shall be immediately suspended upon the approach of an electrical storm.
No person shall conduct blasting operations within the Town of Warwick after 5:00 p.m. and before 8:00 a.m. nor at any time on Sunday except under the authority of a special permit issued by the Town Board.
Nothing contained in this chapter shall be construed to conflict with §§ 450 through 465 of the Labor Law of the State of New York.
The Town Board or its duly authorized representative is hereby authorized and empowered to establish and promulgate rules and regulations concerning blasting operations in the Town, storage of explosives and other matters contained in this chapter, not inconsistent with the provisions of this chapter. Such rules and regulations, when established and promulgated, shall be binding upon all persons to whom a permit is issued pursuant to this chapter.
[Amended 6-23-1988 by L.L. No. 1-1988]
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense.