[HISTORY: Adopted by the Board of Trustees of the Village of Monroe 6-6-1972 (Ch. 8A of the 1968 Code). Amendments noted where applicable.]
Building construction — See Ch. 80.
For the purpose of this chapter, the terms used herein are defined as follows:
- BLASTING OPERATION
- The act or acts involved in preparing for and actually firing a charge of explosive material, including the storage of explosives and igniting material, with the intent to start or move rock or any other substance.
- Any person, firm, partnership, corporation, association or legal representative acting individually or jointly.
- VILLAGE ATTORNEY
- Attorney retained by the Village Board of the Village of Monroe.
- VILLAGE BOARD
- Village Board of the Village of Monroe.
- VILLAGE CLERK
- The duly appointed Village Clerk of the Village of Monroe or any person authorized by the Village Board to act in her behalf, including her deputy.
No person shall conduct or cause to be conducted any blasting operations in the Village of Monroe unless he shall be licensed by the State of New York and unless he shall have first obtained a permit from the Village Clerk upon application as provided by this chapter.
An application for such permit shall be made, in writing, to the Village Clerk and shall state the name and address and telephone number of the person seeking the permit; his New York State license number; the name of the insurer and policy number required by this chapter; the names of the individuals who shall actually undertake the blasting operation for which the permit is sought; the type of permit sought; and if the application is not for a biennial permit, the place of the blasting operation. The application shall be accompanied by the appropriate application fee.
A separate permit shall be required for each blasting operation unless the applicant is or will be regularly engaged in the business of blasting within the Village of Monroe, in which case a biennial permit may be issued. A biennial permit shall expire the second December 31 following its issuance. All other permits shall expire 15 days after issuance, unless a longer period is specified on the permit.
The permit shall specify the name of the permittee if not a biennial permit, the location of the operation and the date of its issuance and of its expiration. It shall be signed by the Village Clerk.
The holder of a biennial permit shall, before undertaking any blasting operation with the village, inform the Village Clerk of the time and place of such operation at least 24 hours in advance of such operation.
A true copy of such permit shall be conspicuously displayed at the site of all blasting operations.
A. No permit shall be issued by the Village Clerk, unless the applicant submits with the application 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 Village Attorney certifying that the applicant has in full force and effect a policy of public liability insurance, including a specific endorsement covering all liabilities that might arise from blasting, and providing bodily injury and wrongful death coverage of not less than $1,000,000 for all such injuries arising out of one incident and $500,000 for any such injury and $250,000 for any property damage. Such certificate shall also disclose that the policy shall incorporate provisions, as follows:
[Amended 7-6-1999 by L.L. No. 3-1999]
The Village of Monroe shall be held harmless from all claims, actions and proceedings brought against it for injury to person or property resulting from or occasioned by such blasting operation.
It shall not be canceled, terminated or modified unless 10 days' prior written notice is given to the Village Board by registered mail addressed to the Mayor and the Village Clerk.
The presence of an inspector or engineer on behalf of the Village of Monroe at the site of such blasting operation shall not affect the obligation of the insurer under the policy.
No permit shall be valid unless such insurance is in full force and effect during the entire term of the permit.
Hours of blasting. It shall be unlawful to blast or carry on any blasting operation between sunset and sunrise, and in no event after 7:00 p.m. or before 8:00 a.m.; nor shall any blasting be done on Sunday, except with the approval of the Village Board.
The manner and conduct of the blast and blasting operations shall in all respects conform to the rules, regulations and requirements of the New York Board of Standards and Appeals or the Industrial Commission of the State of New York, promulgated under the authority of the New York State Labor Law.
At least three minutes before firing a blast, the person undertaking such blasting operation shall give warning thereof by causing a competent man carrying a red flag to be stationed at a reasonable distance from the blast on all sides of the blast on any path, lane, street, road or highway or other avenue of approach capable of use by the public.
In all cases, signs at least 36 inches by 36 inches bearing the words "Danger, Blasting Operations Underway -- No Radio Transmission," or similar language printed in red, shall be posted on all sides of the blast at a reasonable distance from the blast. At least four such signs shall be so posted. Such posting shall occur at least by 8:00 a.m. on the day of the blast, and such signs shall be removed after the blasting operations are completed.
The Village Clerk may temporarily revoke any permit heretofore issued and approved in the following instances:
Where she finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the permit was based.
Where she finds that the permit was issued in error and should not have been issued in accordance with the applicable law.
Where she finds that the work performed under the permit is not being prosecuted in accordance with the provisions of this chapter.
Upon such revocation, the permittee shall be entitled to a hearing regarding the cause therefor at the next regular Village Board meeting or at a special meeting called by the Mayor for such purpose. After such hearing, the Village Board shall either reinstate the permit or make the revocation permanent.
The terms and provisions of this chapter shall not be binding on blasting operations conducted by the United States of America, the State of New York or the County of Orange, or any of their authorized representatives.
Any person who shall violate, cause or participate in any violation of any provision of this chapter or any condition, rule or regulation imposed or promulgated under the authority of this chapter shall be deemed to have committed an offense.
Every violation of any provision in this chapter or any condition, rule or regulation imposed or promulgated under the authority of this chapter, shall be a separate and distinct offense, and in the case of a continuing violation, every day's continuance thereof shall be deemed a separate and distinct offense. A conviction of any such violation shall be punishable by a fine as set forth in Chapter 1, Article II, General Penalty, § 1-14.
[Amended 7-6-1999 by L.L. No. 3-1999]