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