As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
Includes any individual and also any partnership, corporation
or other group, whether for profit or not, and all agents and employees
thereof.
QUARRY
Includes any location where removal of stone is conducted
on a regular basis.
No persons shall conduct or cause to be conducted
any blasting operation in the Town of Binghamton unless they shall
be duly licensed by the State of New York and they shall have first
obtained a current Town of Binghamton blasting permit.
[Amended 4-15-2003 by L.L. No. 1-2003]
The manner and conduct of the blast and blasting
operations shall in all respects conform to the rules, regulations
and requirements of the New York Industrial Board of Appeals or the
Industrial Commission of the State of New York, promulgated under
the authority of the New York State Labor Law; Article 36 of the New
York State General Business Law; and also with all the rules, regulations
and requirements of the United States Department of Labor.
It shall be unlawful to blast before 8:00 a.m.
or after 8:00 p.m. and also before sunrise or after sunset, nor shall
any blasting be on a Sunday or holiday except with approval of the
Town Board.
The permit holder shall give at least 24 hours'
notice to residents who live within 1,000 feet of the blast site,
by written notice personally delivered or conspicuously affixed to
the residences of such persons, indicating the blast site, the expected
duration of the blasting, and the identity of the permit holder.
If any damage is incurred due to blasting, the
Town may stop the blasting pending an investigation by the Town.
[Amended 4-15-2003 by L.L. No. 1-2003]
The violation of any of the provisions of this
chapter, or failure to comply therewith shall be a misdemeanor and
be punishable by a fine which shall not exceed $1,000 or imprisonment
not exceeding one year, or both such fine and imprisonment; and each
day such violation shall be permitted to exist shall constitute a
separate offense. The application of the above penalty shall not be
held to prevent the enforced removal of the prohibited conditions.
The provisions of this chapter shall not relieve
any person of the duty to observe other and more restrictive provisions
as set forth in the statutes of the State of New York, and the rules
and regulations of any official or authority having jurisdiction thereof.