Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 4-3-1974 by L.L. No. 2-1974 as Ch. 42 of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Firearms — See Ch. 140.
Fire prevention — See on. 143.

§ 136-1 Definitions.

The definition of "explosives" shall be the same as its definition in § 451 of the Labor Law of the State of New York.

§ 136-2 Permit required; exceptions.

[Amended 9-11-1991 by L.L. No. 6-1991]
A. 
No person shall store, transport or use any explosives without first obtaining a permit from the Building Inspector or his designee. The fee for each permit shall be established as part of the general fee schedule as adopted from time to time by resolution of the Town Board. Each permit issued shall be for a duration of 90 days, renewable at the discretion of the Building Inspector. Where in the opinion of the Building Inspector the blasting operations are liable to involve a hazard to life and property, he may require an examination of proposed blasting activities by a qualified blasting engineer, the proposal for the cost of which will be borne by the applicant for the permit and deposited in advance with the Building Inspector. Said engineer shall then submit a report in writing.
[Amended 9-20-2011 by L.L. No. 6-2011]
B. 
This chapter shall not apply to manufacturing, dealing in, giving or disposing of explosives by a dealer as defined in § 451 of the Labor Law of the State of New York, nor shall it apply to the storage at any one time, by farmers, of 200 pounds or less of blasting explosives for agricultural purposes as set forth in § 458, Subdivision 3, of the Labor Law of the State of New York, nor shall it apply to the storage of such limited amount of sporting or smokeless powders as permitted by § 453 of the Labor Law of the State of New York.
C. 
The manufacture of explosives is prohibited within the Town. A certificate of compliance shall be obtained from the Chief Fire Safety Inspector or the Building Inspector to have, keep, use, store or transport any explosives. Whenever blasting is being conducted in the vicinity of gas, electric, water, fire alarm, telephone, cable, telegraph or steam utilities, the blaster shall notify the appropriate representatives of such utilities at least 24 hours in advance of blasting, specifying the location and intended time of such blasting. Verbal notice shall be confirmed with written notice. In an emergency, this time limit may be waived by the Chief Fire Safety Inspector or Building Inspector.
[Amended 3-16-2010 by L.L. No. 1-2010]

§ 136-3 Storage and transportation.

All of the applicable provisions of the Labor Law of the State of New York and regulations made thereunder affecting the storage and transportation of explosives are incorporated in this chapter.

§ 136-4 Use.

A. 
All blasting operations shall be so conducted as not to endanger the health, safety and welfare of persons and the safety of property. Such operations shall be under the direct control and supervision of competent and responsible persons and shall be carried on in accordance with the provisions of New York State laws and regulations and with the provisions of this chapter. No person shall be permitted to handle and use explosives except a competent blaster who shall have had experience with the type of blasting being conducted. The superintendent or other person in charge of every blasting operation shall post in a conspicuous place in proximity to the operation the name or names of persons whom he has designated as blasters, having satisfied himself as to their previous blasting experience and competency, and shall promptly notify the Building Inspector, in writing, of the persons so designated. It shall be unlawful to use in any blasting operation a quantity of explosives greater than is necessary to produce a well-designed, efficient blast. It shall be the duty of every person or corporation conducting any blasting operation in the Town to make and keep a record for a period of two years with respect to each individual blast, which record shall show:
[Amended 9-20-2011 by L.L. No. 6-2011]
(1) 
The amount of explosives used.
(2) 
The calculated quantity and type of material removed.
(3) 
The time the blast was set off.
B. 
The short-interval delay firing of blasts shall be practiced wherever necessary to prevent vibration damage to nearby structures. The practice of mud capping or similar practices involving the unconfined use of explosives is specifically prohibited. Where blasting is being conducted in the vicinity of structures which may be subject to damage from flying material, all blasts shall be adequately matted. Before any blast is fired, the owner or blaster shall make certain that all roads or other modes of access to the blast area are adequately guarded for the safety of the public and employees. It shall be the responsibility of the owner or operator to remove promptly from public highways all stone or other debris resulting from blasting operations. Blasting operations may be conducted only during daylight and between the hours of 8:00 a.m. and 6:00 p.m.
C. 
Whenever blasting is to be conducted, the Chief Fire Safety Inspector or Building Inspector shall be notified 24 hours in advance of blasting, the location and intended time of such blast specified by the blaster.
[Added 3-16-2010 by L.L. No. 1-2010]

§ 136-5 Enforcement.

[Amended 3-16-2010 by L.L. No. 1-2010]
The Building Inspector, the Chief Fire Safety Inspector and the Chief of Police, or their designees, are hereby authorized, jointly and severally, to enforce this chapter.

§ 136-6 Penalties for offenses.

[Added 4-28-1976 by L.L. No. 3-1976; amended 3-16-2010 by L.L. No. 1-2010; 4-9-2013 by L.L. No. 2-2013]
Any person found guilty of a violation of this chapter shall be punished by a fine of up to $1,000. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Any person found guilty of a second offense of any provision of this chapter within 18 months of the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000. Any person found guilty of a third offense of any provision of this chapter within 18 months of the date of the second conviction shall be punished by a fine of not less than $5,000 and not more than $7,500.