As used in this chapter, the following terms shall have the
meanings indicated:
ACTIVITY
Any action generating vibrations or noise that may cause
damage and includes, without limitation, blasting, pile driving and
the use of vibratory equipment.
CARBON MONOXIDE
A colorless, odorless, tasteless, toxic gas that has the
molecular formula CO. The molecule consists of a carbon atom that
is triply bonded to an oxygen atom.
CONSULTING ENGINEER
A licensed professional engineer retained by a developer
to supervise development, including blasting operations.
CONTRACTOR
A person conducting or involved in conducting blasting operations
and includes prime or general contractors as well as subcontractors.
DEC
The New York State Department of Environmental Conservation.
DEVELOPER
A property owner or other person developing land where blasting
operations will take place.
DOT
The New York State Department of Transportation.
LAW
Includes a law, statute, ordinance, code and regulation.
LCC
Loss control consultant.
MIGRATION
The movement of carbon monoxide or other hazardous gases
by any means and along any path.
PERSON
An individual, firm, partnership and/or corporation.
TOWN
The Town of Amherst, New York.
UTILITY
A railroad or pipeline or other facility for the transmission
of petroleum products, electricity, steam or water or telephone, optical,
cable or telegraph service or brine.
It shall be unlawful for any person to store, handle or use
explosives in the Town of Amherst outside the Village of Williamsville
in violation of this chapter or commence blasting before obtaining
a fire prevention permit. Any person who violates this chapter or
commences blasting without first obtaining such a permit shall be
guilty of an offense punishable by a fine not exceeding $250 or imprisonment
for a period not exceeding 15 days, or both. Each day's continued
violation of any of the requirements of this chapter shall constitute
a separate violation.
If any section, clause or provision of this chapter or the application
thereof to any persons is adjudged invalid, the adjudication shall
not affect other sections, clauses or provisions or the application
thereof that can be sustained or given effect without the invalid
section, clause or provision or application, and to this end the various
sections, clauses or provisions of this chapter are declared to be
severable.
This chapter shall take effect immediately.