[HISTORY: Adopted by the Town Board of the Town of Goshen 3-26-1987
by L.L. No. 1-1987. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The same as its definition in § 451 of the Labor Law of
the State of New York.
A.
Permits.
(2)
The fee for each permit obtained from the Town shall
be $25.
(3)
Each permit granted by the Town Clerk shall expire on
the first day of January next succeeding its issuance.
(4)
Where, in the opinion of the Town Clerk, 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 to be selected
by the Town Board. Said engineer shall then submit a report in writing to
the Town Board. The fee of such engineer shall be paid by the owner or operator,
who shall deposit the amount of such fee, as estimated by the Town Board,
with the Supervisor of the Town immediately after the selection of such engineer.
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 § 438, 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.
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.
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 licensed,
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 New York State licensed 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 license status, previous blasting experience
and competency, and shall promptly notify the Town Clerk, 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:
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.
The Building Inspector and the Chief of the Fire Department in the district
in which said blasting operation is conducted are hereby designated by the
Town Board, individually and jointly, for the purpose of enforcing this chapter,
for which purpose said officials, jointly and severally, are authorized to
make such inspection or inspections as may reasonably be necessary in the
enforcement of this chapter, and any of such officials charged with the duty
of enforcement may be authorized by the Town Board to prosecute any violation
of this chapter.
If any section, paragraph, subdivision or provision of this chapter
shall be invalid, such invalidity shall apply only to the section, paragraph,
subdivision or provisions adjudged invalid, and the rest of this chapter shall
remain valid and effective.
A.
Any person committing an offense against any provision
of this chapter or failing to comply with any provision or condition contained
in any permit issued pursuant to this chapter shall, upon conviction, be guilty
of a violation pursuant to the Penal Law of the State of New York, 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 continuance of an offense
shall constitute, for each day the offense is continued, a separate and distinct
violation.
B.
In addition to the penalties and remedies provided above,
an action or proceeding in the name of the Town may be commenced in any court
of competent jurisdiction to compel compliance with or restrain by injunction
the violation of any provision of this chapter or of the provisions and conditions
contained in any permit issued pursuant to this chapter.
This chapter shall become effective upon publishing and posting as required
by law.
