[HISTORY: Adopted by the Town Board of the Town of Highlands 6-15-1966.
Amendments noted where applicable.]
GENERAL REFERENCES
Excavation — See Ch. 105.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes a corporation, partnership, firm or individual association.
A.
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 Highlands, 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.
B.
Before such permit is issued, the person shall have in
his possession a valid license to purchase, own, possess, transport or use
explosives, issued for 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 § 459 of Article
16, Industrial Code Rule No. 39.
C.
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 and property damage insurance
of not less than $1,000,000, with the option by the Town Board to reduce said
amount to $300,000. Such policy shall also provide to save the Town of Highlands
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 if insurance so submitted may be written for a
specific job or may be a blanket certificate issued on a quarterly or yearly
basis.[1]
D.
Such permit, when approved and signed by the Town Clerk
shall be issued upon payment a fee as may be fixed by the Town Board of the
Town of Highlands 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.[2]
A.
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 Highlands in any manner which violates the provisions
of § 39.6 of Title 12 of the Official Compilation of Codes, Rules
and Regulations of the State of New York.
B.
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 Highlands. 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 Subdivision g of 12
NYCRR 39.6.
A.
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.
B.
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, 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 § 77-2B of this chapter.
C.
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.
D.
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.
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.
A.
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.
B.
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 Highlands, 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.
C.
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.
D.
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 Highlands
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 said 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.
Any person or corporation violating any of the provisions of this chapter,
upon conviction thereof, shall be subject to a fine of not more than $250
or imprisonment not to exceed 15 days, or both. Every violation of any provision
in the chapter shall be a separate and distinct offense and, in case of continuing
violation, every day's continuation thereof shall be deemed to be a separate
and distinct offense.
A.
Sporting or smokeless powders for reloading shells in
all 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 a license required by Subdivision 1 of § 458 of the Labor Law,
has been obtained.
B.
Nothing in this chapter shall be construed to preclude
the reloading of small arms ammunition or the storing of small quantities
of sporting or smokeless powders, provided that a license for such reloading
shall have been obtained.
