[HISTORY: Adopted by the Town Board of the Town of Dover 8-22-1988
by L.L. No. 8-1988. Amendments noted where applicable.]
The Town Board of the Town of Dover takes recognition of requests by
residents of the Town of Dover to impose regulations on the discharge of explosives
within the town so as to promote the peace, good order and safety of the community.
This chapter is adopted pursuant to Article 2, § 10, of the
Municipal Home Rule Law of the State of New York, Article 16 of the Labor
Law of the State of New York and Title 12, Chapter XVI, Part 39, of the New
York Code of Rules and Regulations, specifically Section 464-a.
As used in this chapter, the following terms shall have the meanings
indicated:
Gunpowder, powders used for blasting, high explosives, blasting materials,
detonating fuses, detonators and other detonating agents, smokeless powder
and any chemical compound or any mechanical mixture containing any oxidizing
and combustible units or other ingredients in such proportions, quantities
or packing that ignition by fire, friction, concussion, percussion or detonation
of any part thereof may and is intended to cause an explosion, but shall not
include gasoline, kerosene, naphtha, turpentine, benzine, acetone, ethyl,
ether, benzol and all quantities of black powder not exceeding five pounds
for use in firing of antique firearms or artifacts or replicas thereof. Fixed
ammunition and primers for small arms, firecrackers, safety fuses and matches
shall not be deemed to be explosives when the individual units contain any
of the above-mentioned articles or substances in such limited quantity, of
such nature and so packed that it is impossible to produce an explosion of
such units to the injury of life, limb or property.
A duly licensed person who has secured a permit to perform blasting
in the Town of Dover.
Includes an individual, corporation, association, firm or partnership.
The provisions of Article 16 of the Labor Law of the State of New York,
as well as Industrial Code Rules contained in Title 12, Part 39, of the New
York Code of Rules and Regulations, are recognized as applicable to the possession,
handling, storage and transportation of explosives within the jurisdiction
of the Town of Dover and shall be complied with by all blasters.
A.
No person, firm or corporation shall detonate explosives
within the Town of Dover unless it is licensed pursuant to § 458
of the Labor Law of the State of New York and, in addition to such licensing,
has obtained a permit for such blasting from the Town of Dover pursuant to
this section.
B.
No person shall blast or cause to be blasted any rock
or other substance with any explosive in the Town of Dover as defined in this
chapter without having first obtained a permit from the Building Inspector
covering the specific blasting operation, upon written application. Such blasting
operations shall be conducted under direct control and supervision of competent
and licensed persons in accordance with the provisions of New York State laws
and regulations and the provisions of this chapter.
C.
The application for a blasting permit shall be on a form
approved by the Building Inspector and contain such information as is required
by the Building Inspector, including the following:
(1)
The name of the owner of the property upon which the
detonation of explosives is intended to occur.
(2)
The business address of the person, firm or corporation
proposing to detonate explosives on the subject property.
(3)
Evidence of the fact that the person, firm or corporation
intending to detonate explosives is duly licensed pursuant to § 458
of the Labor Law in the State of New York.
(4)
The precise location of the intended detonation of explosives,
as well as the size charges intended to be detonated and the proposed schedule
for detonation of explosives.
(5)
Evidence that the person intending to detonate explosives
has sufficient financial security or insurance coverage to provide payment
for damages to any person suffering damages by virtue of the detonation of
the explosives.
(6)
A description of all structures, including residential
dwellings, located within 300 feet of the blast site and a list of the names
and the addresses of the owner or owners of any parcel of property immediately
adjoining or abutting the parcel of property from which the blasting is to
take place, as shown on the most recent tax rolls of the Town of Dover.
Before such permit is issued, the applicant 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, 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
providing bodily injury coverage of not less than $1,000,000/$2,000,000 and
property damage insurance of not less than $300,000/$500,000.
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 personal property resulting from or occasioned by such blasting operations.
Such a policy shall contain the provision that the policy shall not be canceled,
terminated, modified or changed by the company unless 30 days' prior written
notice is sent to the town by certified mail. No permit shall be valid unless
such insurance is in full force and effect.
Such permit, when approved and signed by the Building Inspector and
upon the payment of a fee, to be determined by the Town Board by simple resolution,
to the Building Inspector, or such other fee as may be fixed from time to
time by the Town Board, shall be issued and signed by the Building Inspector,
who shall keep a record thereof. Each permit shall specify the name of the
permittee, the date of expiration, which shall be no later than 12 months
from the date of issue, and the particular place where the blasting is to
be done. The Building Inspector may revoke any permit issued hereunder and
issue a stop-work order at any time for good cause shown.
No person shall use in a blasting operation a quantity of explosives
greater than necessary to properly start the rock or other substances or use
such an amount as will endanger persons or property.
All blasts scheduled to take place within 300 feet of any roadway or
structure, including any residential dwellings, before firing, shall be covered
with metal 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 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 Dover unless
competent persons carrying red flags shall have been placed at reasonable
distances on all sides of the blast to give proper warning thereof at least
three minutes in advance of firing.
A.
No blasting shall take place on Saturday, Sunday or any
of the following holidays:
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New Year's Day
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Martin Luther King Day
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Presidents' Birthday
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Memorial Day
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Independence Day
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Labor Day
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Yom Kippur
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Thanksgiving Day
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Christmas Day
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Columbus Day
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Election Day
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Veterans Day
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B.
A special blasting permit may be issued by the Building
Inspector in the event that unforeseen circumstances require blasting on an
otherwise prohibited day or beyond hours of operation set forth above. The
notice required set forth below shall also apply to the issuance of a special
permit.
During blasting operations, explosives shall be stored separately from
detonators, and, for this purpose, separate receptacles shall be built or
provided and placed at a reasonable distance apart one from the other. Explosives
shall be stored in approved magazines and shall not be stored unattended overnight.
A.
Whenever blasting is to occur within 300 feet, measured
from the blast site, of any structure, including a residential dwelling, the
inhabitants or users of such structure or dwelling shall be personally notified
of the date and approximate time that blasting will occur. In the event that
personal notification cannot be effected, a written notice containing the
above information may be left or posted at the structure or dwelling in a
conspicuous place, or a certified letter, return receipt requested, may be
sent to the owner of the affected structure or dwelling.
B.
By whatever means notice is effected, said notice shall
be received no less than 24 hours prior to blasting.
C.
Written notice of the date and approximate time of blasting
shall additionally be given to the Town Clerk, New York State Police, Dutchess
County Sheriff's Office and Building Department no less than 24 hours prior
to blasting.
D.
The applicant shall submit an affidavit of notifications
to the Building Inspector prior to commencing blasting.
A.
Compliance with state regulations. It shall be unlawful
for any person or persons to transport or cause or permit the transportation
of explosives in any vehicle through, to or within the Town of Dover in any
manner which violates the provisions of Section 39.6 of Title 12 of the Official
Compilation of Codes, Rules and Regulations of the State of New York.
B.
Guarding; stops. No person in charge of a vehicle containing
explosives in transit shall allow such vehicle to remain unguarded at any
time, and no person charged with the responsibility of such transportation
shall make any unnecessary stops within the Town of Dover. Where such stop
is unavoidable, the person in charge of the vehicle containing the explosives
shall strictly observe the rules for vehicles in transit as defined in Paragraph
g of Code Rule 39.6 of Title 12 of the Official Compilation of Codes, Rules
and Regulations of the State of New York.
A.
Public utilities and governmental agencies may be granted
an exception in the provisions of this chapter upon application for such with
the Town of Dover Building Inspector. An exception to this chapter shall be
granted where the public utility or governmental agency demonstrates that:
B.
The written request shall state the reasons for the exception application and shall be accompanied by a fee as provided in Chapter 73, Fees. Such special exception shall be granted for a period not to exceed 12 months and may be renewed from time to time upon written request and payment of the fee as required by this section.
[Amended 2-11-1991 by L.L.
No. 2-1991]
A.
Any person or corporation violating any of the provisions
of this chapter shall be subject, upon conviction thereof, to a mandatory
fine of $1,000 for each offense. Every violation of any provision in this
chapter shall be a separate and distinct offense, and, in the case of continuing
violation, every day's continuance thereof shall be deemed to be a separate
and distinct offense.
B.
This chapter may be enforced by the Building Inspector
or his designated agents.
