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:
EXPLOSIVE
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion.
LICENSING OFFICER
The employee of the City of Moscow Mills, Missouri, designated
by the Board of Aldermen to perform the duties provided for herein.
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 which the permittee has rights under law to occupy
and use and upon which blasting is to be done.
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, copartner ship, 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 permanent, man-made building or other constructed object
of significant value or importance including but not limited to any
dwelling, building, office, school, church, bridge, culvert, dam,
tower, utility, roadway, etc.
All permits issued pursuant to the requirements of the Chapter
shall be issued for a term not to exceed one year; provided, that
if the licensing officer shall determine that the purpose for which
the permit is to be issued can be fulfilled in a term less than one
year, the licensing officer shall specify the duration of the permit
which the licensing officer and the permittee have determined to be
sufficient to fulfill the purpose for which the permit is issued.
Any valid permit issued pursuant to this chapter shall carry
with it the right of successive renewal upon expiration. The holders
of the permit may apply for renewal by notifying the licensing officer
of any changes on the permit application and such renewal shall be
issued provided the applicant seeking renewal has met the requirements
and conditions of this chapter.
Before any permit referred to in this chapter shall have been
issued to do blasting, the applicant for such permit shall file evidence
of sufficient comprehensive general liability insurance to indemnify
the City, or its inhabitants, against any damages arising from blasting;
said liability insurance shall be provided by a responsible company,
licensed to do business in the State of Missouri and shall have a
minimum coverage of $500,000 per person, $500,000 per occurrence,
$500,000 per property damage, with an umbrella coverage of $1,000,000.
The insurance certificate, including a rider specifically covering
the insured for doing blasting (blasting collapse and underground),
shall be required with the permit application. In specific cases where
blasting is being proposed within 1,000 feet of any dam, an additional
rider for the endorsement of increased limits for a specific job shall
be required at the sole discretion of the licensing officer.
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 licensing officer.
Any permittee who violates any permit condition or who violates
any other provision of this chapter may be assessed a penalty, and/or
have his permit revoked and future permits refused. Such penalty shall
not exceed $500 and/or 30 days imprisonment 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
or property damage and any hazard to the health or safety of the public.