[Ord. No. 496, 1-5-2021]
For the purposes of this Chapter the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words used in the plural include the singular,
and words used in the singular include the plural. The word "shall"
as used herein is not merely directory but is considered mandatory.
Unless otherwise specified, the following terms are defined:
BUILDING INSPECTOR
The employee of the City of Kimberling City, Missouri, designated
by the Board of Aldermen to perform the duties provided for herein.
EXPLOSIVE
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion.
PARTICLE VELOCITY
A unit of measure in inches per second commonly used in mining
and quarrying operations to measure by instrumentation the ground
vibration caused by blasting.
PERMIT AREA
The land owned or leased by the person upon which blasting
is to be done. It includes the boundaries of all land in which the
permittee has rights under law to occupy and use.
PERMITTEE
Any person, as hereinafter defined, who shall apply for and
obtain a permit under the terms of this Chapter and in accordance
therewith.
PERSON
Any natural person, firm, partnership, co-partnership, corporation,
company, association, joint stock association, and/or their lessees,
duly constituted trustees or receivers, heirs, administrators or assigns.
SCALED DISTANCE
The actual distance in feet divided by the square root of
the maximum explosive weight in pounds that is detonated per delay.
STRUCTURE
Any building, whether used as a dwelling or for institutional
or commercial purposes or whether occupied or vacant.
[Ord. No. 496, 1-5-2021]
In any action or proceeding to recover from a permittee under
this Chapter, reasonable attorney fees and costs shall be borne by
permittee.
[Ord. No. 496, 1-5-2021]
No transfer, assignment, or sale of the rights granted under
any permit issued pursuant to this Chapter shall be made without prior
approval of the Board of Aldermen.
[Ord. No. 496, 1-5-2021]
Any permittee who violates any permit condition or who violates
any other provision of this Chapter may be assessed a penalty. Such
penalty shall not exceed five hundred dollars ($500.00) for each violation.
Each blast may be deemed a separate violation for purposes of penalty
assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations,
the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public;
whether the permittee was negligent; and the demonstrated good faith
of the permittee charged in attempting to achieve rapid compliance
after notification of the violation.
[Ord. No. 496, 1-5-2021]
Each applicant for a permit for blasting operations where the
purpose is mining activity shall be required to comply with the Land
Reclamation Act contained in Sections 444.760 to 444.786, RSMo.