The Village Board of the Village of Tarrytown takes recognition of requests
by residents of the Village of Tarrytown to impose regulations on the discharge
of explosives within the village 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, Part 39, Chapter 16, of the New
York Codes, Rules and Regulations, specifically § 464-a, or as said
provisions are amended from time to time.
As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING INSPECTOR
Unless otherwise specified, the Village of Tarrytown Building Inspector
or his designated representative.
ENFORCEMENT AGENCY OR AUTHORITY
The Village Engineer, the Building Inspector, Superintendent of Public
Works or the Fire Chief of the Village of Village of Tarrytown or their designated
representatives.
ENGINEER
Unless otherwise specified, the Village of Tarrytown Superintendent
of Public Works or his designated representative.
EXPLOSIVES
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
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.
FIRE INSPECTOR
Unless otherwise specified, the Village of Tarrytown Fire Chief or
his designated representative.
ROCK
All ledge or bedrock, boulders or masonry larger than 1/2 cubic yard
in volume and any material requiring blasting, barring, chipping, wedging
or other methods for removal from its original bed.
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 Codes, Rules and Regulations, or as said provisions are amended from
time to time, are recognized as applicable to the possession, handling, storage
and transportation of explosives within the jurisdiction of the Village of
Tarrytown and shall be complied with by all blasters.
No blasting shall take place on Saturday, Sunday or on any of the holidays
listed below or on any other day or time period as noted in New York State
laws, as designated by local, state or federal decree or as included in the
body of this chapter:
Whenever blasting shall be permitted under the provisions of the Village
Code, written notice, as approved by the Building Inspector, shall be given
by the blasting contractor to property owners, at their addresses as shown
on the latest assessment roll of the Village of Tarrytown, as to all improved
properties within an area designated by the Building Inspector. Said area
shall include all properties which the Village Building Inspector shall find
will be substantially affected by the proposed blasting. Said notice shall
state the date on which blasting is proposed to commence and the estimated
date when blasting will be completed. Said notice shall be mailed by certified
mail, return receipt requested, at least 10 calendar days before the proposed
commencement of blasting and shall be placed at each property in a conspicuous
place at least three days before commencement of blasting. An affidavit of
mailing or delivery of the notice, designating the name and address of each
property owner notified, shall be filed by the blasting contractor with the
Village Building Inspector before commencement of blasting. Failure to furnish
evidence of such notice shall be grounds for revoking a permit for blasting.
No detonation of explosives shall be permitted within the Village of
Tarrytown except between the hours of 9:00 a.m. and 4:00 p.m. on any day on
which blasting is otherwise permitted.
The Building Inspector and/or the Superintendent of Public Works of
the Village of Tarrytown or their duly authorized representatives have the
authority to monitor blasting operations when such monitoring is, in their
discretion, deemed necessary and to inspect the storage, handling and size
of the charges intended to be detonated. The Building Inspector and/or the
Superintendent of Public Works of the Village of Tarrytown shall also have
the authority to inspect blasting sites to ensure that the provisions of all
applicable laws of the State of New York, rules and regulations of the State
of New York and this chapter are being complied with. The enforcement agency
shall have authority to issue appearance tickets to compel the appearance
in court of any person, firm or corporation found to be in violation of any
applicable state law or regulation or this chapter.
Every applicant pursuant to this chapter, as well as the owner of the
property upon which such applicant intends to detonate explosives, is deemed
to consent to the presence of the Building Inspector, the Superintendent of
Public Works or their designated representatives on the blasting site for
the purpose of inspecting or monitoring the handling, the storage and the
detonation of explosives.
The issuance of any permit hereunder shall in no manner be construed
as an approval of, waiver of or compliance with any additional requirements
of the State of New York, the Department of Labor or any other agency authorized
to supervise the detonation of explosives.
The invalidity of any section, clause, sentence or provision of this
chapter shall not affect the validity of any part of this chapter which can
be given effect without such invalid part or parts.