[HISTORY: Adopted by the Board of Trustees
of the Village of Manlius 7-27-1976 as L.L. No. 4-1976. Amendments noted where
applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 49.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
The duly elected Mayor of the Village of Manlius or any person
duly authorized to act on his behalf.
An annual blasting permit issued in accordance with this
chapter.
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
The duly appointed Police Chief of the Village of Manlius
or any person duly authorized to act on his behalf.
The Board of Trustees of the Village of Manlius.
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.
A.
A permit shall specify the name of the permittee,
the date of its issuance and of its expiration and any special conditions.
Each permit shall expire on December 31 following its issuance.
B.
Before undertaking any blasting operation, the permittee
shall provide the Police Chief, in writing, on a form available from
him, with the following information:
(1)
The time, place and duration of such blasting operation.
(2)
The name(s) of the licensed person(s) in charge of
and otherwise working on such blasting operation and a certification
that the license(s) of such person(s) are in full force and effect.
(3)
The name and address of his insurer and a certification
that the insurance as described in his application for a permit and
required by this chapter is in full force and effect.
(4)
Such other information as may be requested.
C.
A true copy of the permit shall be conspicuously displayed
at the site of the blasting operation.
The application fee for a permit shall be as
provided, from time to time, by resolution of the Village Board.[1]
[1]
Editor's Note: See also, Ch. A102, Fees.
[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.
A.
The Police Chief may forthwith revoke any permit issued
hereunder where he finds that:
(1)
There has been a false statement or misrepresentation
as to a material fact in the application, plans or specifications
on which the permit was based;
(2)
The permit was issued in error;
(3)
The work performed under the permit is not being prosecuted
in accordance with the provisions of this chapter; or
(4)
There exists other reasonable cause.
B.
An appeal of any such revocation may be made to the
Mayor, whose decision shall be final.
