No person shall use in a blasting operation a quantity of explosives
greater than necessary to properly start the rock or other substances, nor
use such an amount as will endanger persons or property. The Town Board may
limit the maximum quantity of explosives to be used, but no action by the
Town Board or its duly authorized representative shall relieve or exempt any
person or insurance company from liability for damage caused by the use of
such explosives.
No person shall conduct blasting operations within the Town of Hamptonburgh
after 5:00 p.m. and before 8:00 a.m. nor at any time on Sunday except under
the authority of a special permit issued by the Town Board.
The person, firm or entity that is duly authorized as provided herein
and who receives a permit to perform a blasting operation shall be obligated
to notify all homeowners within a distance of 1,000 feet from the perimeter
of the property at least five days prior to the commencement of the blasting
operation, in writing, notifying said property owners of the blasting operation
by certified mail, return receipt requested. Proof of such mailing shall be
delivered to the Town Clerk, accompanied by a legible copy of relevant Tax
Map sections showing the names of said landowners corresponding to their appropriate
Tax Map parcel numbers, and verified by the Town Clerk, prior to the commencement
of the blasting operation.
In the event blasting shall be required either for the construction
of a proposed Town road or in connection with the construction of any of the
improvements authorized pursuant to subdivision approval, all such blasting
that may be required relative to said construction shall be completed prior
to the issuance of the first certificate of occupancy for any dwelling constructed
within said subdivision.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or by both such fine and
imprisonment. 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.