As used in this chapter, the following terms shall have the
meanings indicated:
BLASTS and BLASTING
Includes any activity whereby layers of earth and rock are
dislodged or torn apart by the use of any explosive, and includes
the displacement of any vegetation, ground cover, earth or rock by
the explosion or detonation of any explosive material.
No blasting shall be permitted in the incorporated portion of
the Village of Buchanan except between the hours of 8:00 a.m. and
7:00 p.m., excluding Saturdays, Sundays and public holidays when no
blasting shall be permitted at any time.
During the hours when blasting is permitted, peak particle velocity
and overpressure produced by any blast at a distance measured by the
distance from the blast to the closest structure or building not owned
or used by the entity conducting the blast shall not exceed 0.75 inch
per second for frequencies less than 40 hertz (Hz) or 2.0 inches per
second for frequencies of 40 hertz or more. In addition, air pressure
levels emanating from such blasts shall not exceed 131 decibels (dB)
for a high pass filter of 0.1 hertz or 128 decibels for a high pass
filter of two hertz or 125 decibels for a high pass filter of six
hertz.
The person, firm or corporation conducting a blast is not required to meet the standards of maximum charge per delay set forth in §
143-5B if the entity monitors the blast and meets the standards of ground vibrations and air pressure levels set forth in §
143-4.
Enforcement of the provisions of the within chapter shall be
within the jurisdiction of the Village Building Inspector and/or the
Police Department of the Village of Buchanan.
The violation of the provisions of this chapter or failure to
comply therewith shall be a misdemeanor and punishable by a fine which
shall not exceed $500 or imprisonment not exceeding three months,
or both such fine and imprisonment; and for such offenses which are
continuing offenses, each day such violation shall continue 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 by any other means available to the Village Board of the
Village of Buchanan. In the case of violation of any provision of
this chapter by a corporation, the sentence to be imposed shall conform
to the provisions of § 80.10 of the Penal Law and the fines
provided for therein.