[HISTORY: Adopted by the Board of Trustees of the Village of New
Hyde Park 2-23-1939 by Ord. No. 34. Amendments
noted where applicable.]
As used in this chapter, the following words shall have the meanings
indicated:
Includes one or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
No person shall transport, store, sell, deliver, use or have in his
possession in the Village of New Hyde Park any explosives for commercial purposes
without written permission from the Board of Trustees.
[Amended 10-22-1973]
Permits shall be issued by the Board of Trustees, for a period not to
exceed one month, upon the filing of an application, in writing, with the
Village Clerk and upon the payment of a fee of $100 and the giving of a bond
in the penal sum of not less than $50,000, to be approved by the Village Attorney
as to form, sureties and amount.
A.
No person shall carry or transport explosives within
the village, except in a vehicle propelled by an animal or electrical power,
constructed in conformity with specifications approved by the Board of Trustees.
B.
No person shall place or carry in or upon a vehicle containing
explosives any exploders, detonators, blasting caps or other explosive materials,
or carry in or upon such vehicle any matches, metal tool or piece of metal
or any mechanical device for producing a spark or flame.
C.
Each such vehicle shall be properly and conspicuously
marked in accordance with specifications approved by the Board of Trustees
to indicate the purpose for which it is used.
D.
No person other than a duly qualified peace officer or
public officer of the village shall interfere with or molest a vehicle containing
explosives or the horses or the person in charge thereof.
A.
No holder of a permit under this chapter shall deliver
explosives to any person, firm or corporation not holding a permit from the
Board of Trustees.
B.
Each holder of such a permit shall file with the Village
Clerk, before 10:00 a.m. of each business day, a written statement of all
deliveries and receipts of explosives made by or to him on the preceding day,
specifying the name and address of the person from whom or to whom delivered
and the date of such delivery.
A.
No exploders, detonators, blasting caps, matches, metal
tool or device for producing a spark or flame shall be stored within a radius
of 100 feet from any magazine or place where explosives are stored.
B.
All buildings or other structures in which explosives
are stored shall be properly and conspicuously marked with signs as specified
by the Board of Trustees so as to warn the public of the fact that explosives
are stored therein.
No explosives shall be used within the limits of the village, except
pursuant to restrictions and specifications contained in a written permit
so to do, first obtained from the Board of Trustees of the village, which
permit shall, in all cases, be subject to the following restrictions:
A.
Quantities less than 10 pounds shall not be exploded
within a radius of 140 feet of the nearest building.
B.
Quantities of 10 pounds or more but not in excess of
24 pounds 15 ounces shall not be exploded within a radius of 200 feet of the
nearest building.
C.
Quantities of 25 pounds or more but not in excess of
40 pounds shall not be exploded within a radius of 250 feet of the nearest
building.
D.
No explosives in quantities greater than 40 pounds shall
be exploded within the village.
[Amended 11-16-1999 by L.L. No. 4-1999[1]]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a criminal offense. Each such offense is hereby designated a Class B misdemeanor as defined in Article IIA of Chapter 1 of the Village Code, and every such misdemeanor shall be punishable in accordance with the provisions of Subsections D, E and F of § 1-27 of that article.
[1]
Editor's Note: This local law also provided that it would take
effect 12-1-1999.
