[HISTORY: Adopted by the Town Board of the Town of Cortlandt 7-21-1964;
amended in its entirety at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes a corporation, partnership, firm or individual association.
No person shall blast or cause to be blasted any rock or other substance
with any explosive or store explosives in the Town of Cortlandt without having
first obtained a permit therefor from the Director of Code Enforcement upon
written application on an approved form. Before such permit is issued, the
persons shall submit evidence in the form of 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 Town Attorney, guaranteeing that the applicant
has in full force and effect a policy of public liability insurance, including
a specific endorsement covering the liabilities arising from blasting and
storage of explosives, and providing bodily injury and property damage coverage
in an amount as set by resolution of the Town Board from time to time. Such
policy shall also provide to save the town harmless from all claims, actions
and proceedings brought by any person, firm or corporation for injury to persons
or property resulting from or occasioned by such blasting operations or storage
of explosives. Such policy shall name the town as an additional insured and
shall also contain the provision that the policy shall not be canceled, terminated,
modified or changed by the company unless ten (10) days' prior written notice
is sent to the Town Clerk by registered mail. Such policy shall also provide
that the presence of an Inspector from the Department of Code Enforcement
on the site of the operations shall not affect the obligation of the insurer
under its policy. No permit shall be valid unless such insurance is in full
force and effect.
Such permit, when approved and signed by the Director of Code Enforcement
and upon payment of a fee as may be fixed from time to time by resolution
of the Town Board, shall be issued and signed by the Director of Code Enforcement,
who shall keep a record thereof. Each permit shall specify the name of the
permittee, the date of expiration [which shall not be later than three (3)
months from thedate of issue] and the particular place where the blasting
is to be done or explosives are to be stored. The Town Board may revoke any
such permit at any time.
No person shall use or store a quantity of explosives greater than that
amount which is generally accepted to be reasonable for the use intended nor
use or store such an amount as will endanger persons or property. The Director
of Code Enforcement may limit the maximum quantity of explosives to be used
or stored, but no action by the Director of Code Enforcement shall relieve
or exempt any person or insurance company from liability for damage caused
by the use or storage of explosives.
All blasts, before firing, shall be covered with rope or metal matting,
heavy timbers chained together or other suitable screens of sufficient size,
weight and strength to prevent the escape of broken rock or other material
in a manner liable to cause injury or damage to persons or property.
No person shall fire or explode or direct or cause to be fired or exploded
any blast in or near any highway or public place in the Town of Cortlandt
unless competent men, carrying a red flag, shall have been placed at a reasonable
distance on all sides of the blast to give proper warning thereof at least
three (3) minutes in advance of firing.
No person shall conduct blasting operations within the Town of Cortlandt
after the hour of 5:00 p.m. and before 8:00 a.m., or at any time on Sunday,
except under authority of a special permit issued by the Town Board.
Nothing contained herein shall be construed to conflict with Article
16 of the Labor Law of the State of New York.
The Director of Code Enforcement is hereby authorized and empowered
to establish and promulgate rules and regulations concerning blasting operations
in said town, storage of explosives and other matters contained in this chapter
not inconsistent with the other provisions of this chapter. Such rules and
regulations, when established and promulgated, shall be binding upon all persons
to whom a permit is issued pursuant to this chapter.
Any person violating any of the provisions of this chapter, upon conviction
thereof, shall be guilty of a violation and punished by a fine not to exceed
two hundred fifty dollars ($250.) or up to fifteen (15) days in jail or by
a civil penalty not exceeding one thousand dollars ($1,000.) for each offense.
Every violation of any provision in this chapter shall be a separate and distinct
offense, and, in case of continuing violation, every day's continuance thereof
shall be deemed to be a separate and distinct offense.
