The purpose of this chapter is to establish
minimum safeguards to protect the health, safety and welfare of the
residents of the Town of Highlands as well as their property by establishing
reasonable regulations governing the possession and use of explosive
and blasting materials. The intention is to prohibit blasting within
the Town of Highlands unless there is no alternative feasible means
to accomplish a lawful and necessary activity or purpose, as determined
by the Building Inspector and the Town's consulting engineer.
This chapter shall apply to each and every person,
corporation and business engaged in the manufacture, sale, transportation,
storage, handling or use of explosives and blasting materials in the
Town. The provisions of this chapter and Article 16 of the Labor Law
of the State of New York and the Industrial Code Rules contained in
Title 12, Part 39, of the New York Codes, Rules and Regulations are
applicable to the manufacture, sale, possession, handling, storage,
and transportation of explosives within the jurisdiction of the Town
of Highlands and are applicable to all blasters.
No person, firm or corporation shall detonate
explosives within the Town of Highlands unless licensed pursuant to
§ 458 of the Labor Law of the State of New York and all
other applicable laws and regulations. In addition, such person, firm
or corporation shall obtain a permit authorizing such blasting from
the Town of Highlands pursuant to this chapter.
This chapter is adopted pursuant to the State
Municipal Home Rule Law. The provisions of this chapter are intended
to supersede any inconsistent provision of the State Town Law or of
any general law.