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City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
Code
New Laws (27) Index Notes (1)
[1]
Editor's Note: Section 322-b(1) of the General Business Law provides that the making, keeping or transportation of explosives in violation of a City's or village's ordinances is a misdemeanor.
[Amended 10-28-1964, approved 10-29-1964]
All bonds required to be given under the provisions of this article shall be approved by the Mayor and the Corporation Counsel as to the sufficiency of the sureties, and all such bonds shall be conditioned upon and provide for indemnifying all persons and the City against any loss, expense, cost or damage, direct or indirect, of any kind or nature, to persons or to property resulting from the possession, storage or use of such explosives or the prosecution of the work involving such explosives. This liability and responsibility on the part of the applicant shall be absolute and shall not depend upon any question of negligence upon his part or upon the part of his agents, servants or employees, and the neglect of anyone to direct the applicant to take any particular precaution or to refrain from doing any particular thing shall not excuse the applicant in the event of any such damage.
[Added 10-8-1980, approved 10-9-1980]
A. 
No permit to bring explosives into the City and sell, transport and deliver explosives for the local trade shall be issued until the applicant therefor shall have first placed on file with the Fire Commissioner, without cost to the City, satisfactory evidence of public liability insurance indicating bodily injury coverage in the amounts of $500,000 for each occurrence, $1,000,000 in the aggregate, and property damage coverage in the amount of $500,000 for each occurrence, $1,000,000 in the aggregate; or, in the alternative, a combined single limit of bodily injury and property damage coverage in the amounts of $1,000,000 each occurrence and $1,000,000 in the aggregate.
B. 
Such insurance must include the City as an additional named insured and must remain in force throughout the effective period of the permit as well as any authorized extensions thereof and shall carry an endorsement to the effect that the insurance company will give at least 10 days' written notice to the City of Mount Vernon of any modification or cancellation of any such insurance.
Except as otherwise provided in this article, applicants for permits of the following classes shall give bonds in the penal sums hereinafter specified, namely:
A. 
To bring explosives into the City and sell, transport and deliver explosives for the local trade: $20,000.
B. 
For each vehicle engaged in the local delivery of explosives: $20,000.
C. 
For a magazine:
(1) 
First Class: $50,000.
(2) 
Second Class: $40,000.
(3) 
Third Class: $30,000.
D. 
To use explosives: $30,000.
A. 
No person shall manufacture electric fuses, safety fuses, blasting caps or explosives in the City of Mount Vernon, New York.
B. 
No person shall engage any explosives, except small arms ammunition and construction devices such as explosive rivets and explosive-driven pins or studs, for purposes other than blasting or demolition operations.
C. 
No person shall sell or give away any explosive, except small arms ammunition and construction devices such as explosive rivets and explosive-driven pins or studs, to any person not in possession of a permit to either possess, transport or use explosives as required by this article.
[Amended 6-26-1991, approved 6-27-1991; 2-27-2008, approved 2-28-2008]
No person shall transport, store, sell, deliver, use or have in his possession any explosive without a permit, to be given by the Fire Commissioner of the City of Mount Vernon. There shall be a fee of $100 for each blasting permit issued by the Fire Commissioner for each job.
[Amended 2-26-1969, approved 2-27-1969]
A. 
No person shall act as a blaster until he obtains a license from the Fire Commissioner of the City after satisfactorily passing an oral examination as to his fitness.
B. 
A fee of $200 is necessary for the original blaster's license, with a renewal fee of $100, which is required on the first day of each year.
[Amended 10-8-1980, approved 10-9-1980; 6-26-1991, approved 6-27-1991; 2-27-2008, approved 2-28-2008]
Permits as required by § 131-81 of this article shall not be issued for any building or structure that is occupied as a dwelling, school, theater or other place of assembly, or where the building or structure is lighted by any means other than electricity, or where any manufacturing processes are conducted, or where smoking material is sold.
No person shall transport, store or sell any guncotton or soluble cotton except in watertight metal vessels containing no more than 110 pounds dry weight and at least 20% water.
No person shall transport, store, keep, sell, deliver, use or have in his possession any liquid nitroglycerine; nor shall any person store, transport or use between November 1 and March 15 any explosive which will freeze or deteriorate at a temperature higher than 10° F., provided that permits may be issued for the transportation and sale of nitroglycerine in the form of tablets, pills or granules, in quantities not exceeding 10,000 pieces, containing no more than 1/50 of a grain each. No explosives containing nitroglycerine and not intended for use within the City shall be stored or kept therein or landed at or upon any dock, pier or bulkhead thereof except as prescribed by the Fire Commissioner.
No person shall transport or deliver any explosive between sunset and sunrise in or upon any public conveyance, nor shall any explosive be transported through, in or upon any street except in the manner herein provided.
No person shall bring into the City nor transport, store, deliver or use any explosive therein unless same shall be continually under the care and supervision of one or more persons, each holding a certificate of fitness.
No permit shall be issued for the bringing into the City or for the transportation, storage, sale or use therein of any explosive which is not of a type, kind or brand that has been approved by the Fire Commissioner.
A. 
No person shall sell or deliver for use any explosive except in original and unbroken packages and when packed as follows:
(1) 
Dynamite and other blasting compounds containing a liquid which may exude: in strong wooden cases lined with a liquidproof paper lining sufficient to prevent the exudation of the liquid. Such cases shall be of two sizes only, to contain 50 pounds and 25 pounds of explosives, respectively.
(2) 
Other blasting compounds (except black and smokeless powder) which do not contain a substance subject to deleterious influences by exposure to moisture: in strong wooden cases of two sizes only, to contain 50 pounds and 25 pounds of explosives, respectively.
B. 
All explosives put up in the form of sticks or cartridges shall be packed so as to lie on their sides; and when the boxes are loaded in or upon any vehicle, they shall be so arranged that the sticks or cartridges rest on their sides.
All packages containing explosives for transportation, storage, sale or use shall bear the name and brand of the explosive and the name of the manufacturer and shall have plainly marked on the top and on one end or side thereof the words HIGH EXPLOSIVES — DANGEROUS and shall also have plainly marked on the top thereof the words THIS SIDE UP.
A. 
No person shall store or keep explosives except in a magazine for which a permit shall have been issued.
B. 
No explosives are to be kept in a magazine overnight unless a person holding a certificate of fitness as a magazine keeper or a licensed blaster is in attendance at all times.
C. 
Application for such permit is to be accompanied by an inspection fee of $50 for each First Class magazine, $40 for each Second Class magazine and $20 for each Third Class magazine. This permit is good only for the location designated thereon and is not transferable.
[Amended 2-26-1969, approved 2-27-1969; 10-8-1980, approved 10-9-1980]
A special permit shall be required for the storage of explosives in a magazine of either the First or Second Class, as classified in this article, and the Fire Commissioner may at any time require the holder of such permit to change the location of such magazine or establish a new one in another location.
The permit issued for a magazine shall at all times be kept in the magazine and readily accessible for inspection.
[Amended 7-9-1969, approved 7-10-1969]
There shall be three classes of magazines as follows:
A. 
First Class, to contain not more than 250 pounds of explosives each.
B. 
Second Class, to contain not more than 100 pounds of explosives each.
C. 
Third Class, to contain not more than 50 pounds of explosives each.
All magazines shall be constructed in accordance with the requirements of the New York State Labor Law relating to the storage of explosives.
A danger area shall be maintained around each magazine in proportion to the quantity of explosives contained therein. The magazine keeper shall maintain such areas clean and free from rubbish, dead grass, shrubbery and other obstructions and prevent persons from loitering therein.
No person holding a magazine permit shall store or keep explosives therein unless a person holding a certificate of fitness as a magazine keeper shall be continuously in charge thereof, provided that a person holding a license as a blaster may also act as a magazine keeper for a magazine of the Third Class, under a special permit of the Fire Commissioner. He shall keep an accurate daily record of all explosives received at or delivered from the magazines under his charge, which shall show in detail how the explosives have been used or otherwise disposed of and shall at all times be open to inspection by any inspector or member of the Fire Department. He shall first deliver from the magazine such explosives as have been longest therein. All magazines shall be kept locked except when being inspected or when explosives are being placed therein or removed therefrom, and the magazine keeper shall at all times have the key thereof in his possession. He must care for and protect the magazine and its contents from interference by unauthorized persons, and he must be constantly on the lookout for signs which would indicate leakage of nitroglycerine from explosives under his charge, and all explosives in such condition must be the next used. A magazine keeper shall not be required to perform any duty that will in any way interfere with his duties as set forth in this article.
A magazine shall at all times be kept clean and dry and free from grit, and before any repairs or alterations are made to any part thereof, all explosives shall be carefully removed to a place of safety and the magazine thoroughly washed out. In case a magazine floor becomes stained with nitroglycerine, it shall be well scrubbed with a stiff broom, hard brush or mop, using a solution of 1/2 gallon of wood alcohol and two pounds of sulfate of sodium so as to thoroughly decompose the nitroglycerine. All tools used in making repairs or alterations shall be of wood or of copper, brass or other soft metal or material. In no case shall nails or screws be driven into a magazine in making repairs or alterations, nor into any material that has once formed a part thereof, and all wooden structural parts of a magazine, if discarded, shall be immediately burned at a safe distance therefrom. No person shall store, place or keep any clothing, cotton waste or other article or thing in a magazine containing explosives, except a wooden mallet and a wooden wedge for the purpose of opening boxes of explosives, which shall be opened only with such implements. Magazine keepers and all other persons handling, storing or transporting explosives are prohibited from carrying matches or permitting matches to be brought to or near the place where explosives are handled, stored or transported.
No person shall place, keep or store in a magazine explosives in excess of the amount stated in the permit therefor, except by special permission of the Fire Commissioner; or place, keep or store black powder, blasting powder or smokeless powder in a magazine containing any other explosive or in a magazine containing blasting caps, detonators or electric fuses; or place, keep or store in or bring within 100 feet of a magazine of the First, Second and Third Classes containing explosives, black powder, blasting powder or smokeless powder, any blasting caps, capped cartridges, detonator or any other article or thing that is likely to cause an explosion by friction, shock, heat or otherwise; or place or store dynamite or any other high explosive in any magazine which has previously contained black or blasting powder, without first obtaining the express permission of the Fire Commissioner.
[Amended 2-26-1969, approved 2-27-1969; 10-8-1980, approved 10-9-1980; 6-26-1991, approved 6-27-1991]
No person shall transport any explosives within the City of Mount Vernon without a permit. Application for such permit shall be accompanied by an inspection fee of $100 for each vehicle. Said permit shall expire on the 31st day of December of each year.
No persons shall load or transport, or cause or permit the loading and transportation of, explosives on any vehicle unless the following provisions are complied with:
A. 
Such vehicle shall be in good working condition and capable of safely carrying the load placed upon it:
B. 
The body of the truck shall be completely enclosed. It shall have tight floors and a lining of wood. Construction of the body shall be in accordance with specifications prepared by the Fire Department and on file in the office of the Fire Commissioner.
C. 
Exposed ferrous metal on the inside of the body likely to come in contact with packages of explosives shall be covered or protected with wood or other nonferrous material.
D. 
Each motor vehicle used for transporting explosives shall be equipped with a minimum of two fire extinguishers, each having a rating of at least 10 BC. Extinguishers shall be filled and ready for immediate use and shall be examined periodically by a competent person to ensure that they are kept and maintained in good working order.
[Amended 7-9-1969, approved 7-10-1969; 11-24-1976, approved 11-24-1976]
E. 
Trailers shall not be used for the transportation of explosives, nor shall any trailer be attached to a vehicle containing explosives. This provision shall not apply to semitrailers.
F. 
The battery and wiring of a motor vehicle shall be located so that neither will come in contact with any package of explosives.
G. 
Electric wiring of a motor vehicle shall be completely insulated and securely fastened to prevent short-circuiting.
H. 
The chassis, engine, pan and bottom of body of a motor vehicle shall be clean and free from excess oil and grease.
I. 
The gasoline tank and feed line of a motor vehicle shall be free from leaks.
Vehicles containing explosives shall be driven by and be in the charge of a competent, reliable and experienced driver who is able to read and write the English language and, in the case of a motor vehicle, is duly licensed to operate such vehicle, who is not addicted to the use of or under the influence of intoxicants or narcotics and who knows and obeys the road rules, state laws, local ordinances and all rules and regulations governing the transportation of explosives.
No person shall approach, ride upon, drive, load or unload a vehicle carrying explosives while smoking or while under the influence of an intoxicant or narcotic or at any time in a careless or reckless manner.
A. 
No person shall place or carry or cause to be placed or carried in or upon a vehicle containing explosives any metal tool, piece of metal, fire, firearms, loaded cartridges, match or other device for producing spark, flame or heat.
(1) 
This provision shall not apply to tools used for the operation and repair of such vehicle when in a compartment separate from the loading space nor to a wooden or nonferrous conveyor.
(2) 
This provision shall not be construed to prohibit the transportation of detonators in or upon the same vehicle with other explosives, provided that such detonators are packed in the original outside shipping containers or in packages in an outside box made of one-inch lumber lined with suitable padding material not less than 1/2 inch thick. Such boxes other than the original shipping containers shall be equipped with a hinged cover and fastening device and securely closed. Detonators in quantities of 50 or less may be transported on the same vehicle with other explosives if they are in inside shipping containers or other equivalent container or wrapped in cloth with a fold of cloth separating each detonator. Detonators transported on the same vehicle with other explosives shall be located at a place remote from such other explosives on the vehicle and in a position from whence they may be quickly removed.
B. 
Bale hooks or ferrous metal tools shall not be used for loading or handling explosives.
C. 
Such explosives shall be loaded and transported in the body of such vehicle, which shall not be loaded beyond its rated capacity, and the explosives shall be so placed thereon that packages thereof shall not fall from such vehicle.
[Amended 7-9-1969, approved 7-10-1969]
No person shall transport or cause or permit the transportation of explosives in any vehicle unless the front, rear and both sides of such vehicle are marked or placarded with the word EXPLOSIVES legibly printed in red or white letters at least six inches high.
No person shall carry or transport in or upon such a vehicle any explosives in excess of 500 pounds.
No person in charge of a vehicle carrying explosives shall deliver them except in original and unbroken packages nor at any place other than a duly authorized magazine and to the person in charge thereof, except with respect to remaining portions of original packages when they are being returned to or from the magazine of their origin.
No person in charge of a vehicle containing explosives shall:
A. 
Allow such vehicle to remain unguarded.
B. 
Permit such vehicle to enter a public garage or repair shop.
C. 
Park such vehicle in any public street in close proximity to any dwelling or building or place where persons work, congregate or assemble.
D. 
Load explosives upon or unload explosives from a motor vehicle unless the engine is stopped and the brakes are securely set.
E. 
With the exception of lights necessary for the operation of the vehicle, use any type of lighting in or about a vehicle containing explosives except portable electric floodlights or electric lanterns so constructed that it will not be possible to obtain a difference of potential between any two points on the outside of the lamp casing.
F. 
Deliver explosives to anyone except those authorized to receive same.
G. 
Fill a gasoline tank of a motor vehicle or cause or permit it to be filled while there are explosives on the vehicle, except in case of emergency and then only when the engine is stopped.
H. 
Make any unnecessary stops. If a stop is unavoidable, the precautions given in Subsections A and C above shall be observed, the motor shall be stopped, the brakes set and the ignition key removed.
I. 
Place any explosive immediately behind or in close proximity to the exhaust pipe of a motor vehicle.
No person shall use any explosive in the blasting of rock or other materials within 200 feet of any schoolhouse in the City between the hours of 8:30 a.m. and 3:30 p.m. on any day when public school is actually in session in such school building; nor at any time of the day within the corporate limits of the City, except upon a written permit therefor, signed by the Fire Commissioner, upon the giving of a good and sufficient bond, to be approved by the Mayor and Corporation Counsel, conditioned for holding the said City harmless from any and all damages arising or accruing by reason of said blasting, such permit to be for such time as the said Fire Commissioner may prescribe.
A. 
All blasts before firing shall be covered with heavy mats woven of hemp rope or steel wire rope or chains which are placed over the loaded holes and are sufficiently large to cover any rock or substance to be broken.
B. 
In the blasting of larger masses of rock, it shall be within the discretion of the Fire Commissioner to require a larger number of mats as public safety may demand.
C. 
The blaster shall give timely notice of every blast to every person in danger thereof and shall not explode any blast until all persons have been removed to a safe location.
D. 
No blast outside of stone quarries shall be loaded more heavily than as follows: The explosive to be used shall not exceed one pound in weight of 40% explosive for each four feet in depth of hole, unless the hole is of a greater depth than 10 feet below the level of the curb or crown of the street adjoining, in which case there may be used for the depth below the ten-foot level one pound in weight of 60% explosive for each four feet of depth of hole.
E. 
No person shall conduct blasting operations within the City between the hours of 7:00 p.m. and 7:00 a.m. nor at any time on Sunday.
F. 
No mobile radio communications unit or units shall be maintained within 300 feet of blasting operations. Signs so notifying the public shall be posted prior to the delivery of any explosive or their caps.
[Amended 11-24-1976, approved 11-24-1976]