As used in this chapter, the following terms
shall have the meanings indicated:
BLASTING OPERATION
The act or acts involved in preparing for and actually firing
a charge or charges of explosives, including the storage of explosives
and igniting material, with the intent to start or move rock or any
other substance at a particular job site.
MAYOR
The duly elected Mayor of the Village of Manlius or any person
duly authorized to act on his behalf.
PERMIT
An annual blasting permit issued in accordance with this
chapter.
PERSON
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
POLICE CHIEF
The duly appointed Police Chief of the Village of Manlius
or any person duly authorized to act on his behalf.
No person shall conduct or cause to be conducted
any blasting operation in the Village unless he shall be duly licensed
by the State of New York and shall have first obtained a permit from
the Police Chief upon application as provided by this chapter.
An application for a permit shall be made in
writing to the Police Chief on a form available from him and shall
contain the name, address and telephone number of the person seeking
the permit; his current New York State explosives license number;
the name and address of his insurer; and such other information as
may be requested. The application shall be accompanied by the required
application fee and certificate of insurance.
The application fee for a permit shall be as
provided, from time to time, by resolution of the Village Board.
[Amended 8-24-1982 by L.L. No. 4-1982]
No permit shall be issued 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 Police Chief, 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 specifying coverage in accordance
with current Village requirements, as determined, from time to time,
by the Village Board. Such certificate shall also disclose that the
policy shall incorporate provisions as follows:
A. That the Village shall be named as an additional insured
on each policy issued.
B. That it shall not be canceled, terminated or modified
unless 10 days' prior written notice is given to the Police Chief
by registered mail addressed to him.
C. That the presence of an inspector or engineer on behalf
of the Village at the site of the blasting operation shall not affect
the obligation of the insurer under the policy.
It shall be unlawful to carry on any blasting
operation between sunset and sunrise, and in no event after 7:00 p.m.
or before 8:00 a.m., local time, nor shall any blasting be done on
Sunday, except with the approval of the Police Chief. The manner and
conduct of the blasting operation shall conform with all applicable
state and federal laws, rules, regulations and requirements, including,
without limitation, the Federal Occupational Safety and Health Act.
At least three minutes before firing a blast,
the permittee shall give warning thereof by causing a competent person
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,
highway or other avenue of approach capable of use by the public.
In all cases, signs at least thirty-six by thirty-six (36 x 36) inches,
bearing the words "Danger, Blasting Operations Underway — No
Radio Transmissions" or similar language, printed in red, shall be
posted by the permittee on all sides of the blast at a reasonable
distance from the blast. At least four signs shall be posted, such
posting to occur at least one hour prior to the blast. Such signs
shall be removed after the blasting is completed.
[Amended 8-24-1982 by L.L. No. 4-1982]
Any person committing an offense against any provision of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II.