It is the purpose of this article to promote the health, safety, welfare and convenience of the public, recognizing that the use of explosive materials is inherently dangerous, and if not properly regulated, is a threat to human life and to property within the Town.
A. 
No person shall use any explosive within the Town of Whitewater without first obtaining a permit therefor from the Town Clerk or Town Chairman. Application for such permit shall be filed with the Town Clerk, in writing, on a form furnished for such purpose. Every application for a blasting permit shall state, as to the proposed blasting, the following:
(1) 
Its location (i.e., the legal property description of the property where the blasting is to take place).
(2) 
Its purpose.
(3) 
The type of explosives to be used.
(4) 
The method of blasting to be employed.
(5) 
The name(s), address(es) and telephone number(s) of the title holder(s) of the land described in answer to Subsection A(1) of this section.
(6) 
The name, address and telephone number of the individual permittee to whom the permit will be issued (such permittee will be responsible for ensuring compliance with the requirements of this article and will be subject to prosecution in accordance with this article for its violation).
(7) 
The name and address of the licensed blaster who will oversee the conduct of each instance of blasting.
B. 
Applicants, when requested by the Town Clerk, must show compliance with all applicable municipal ordinances, the Wisconsin Statutes, and the Wisconsin Administrative Code.
C. 
The Town Clerk may, from time to time, revise the application form to require such additional information as the Clerk, in consultation with the Police Department, Fire Department and/or Town Board, shall deem necessary to carry out the purposes of this article.
D. 
The fee for blasting permits shall be in the amount set forth in the fee schedule that shall be kept on file with the Town Clerk, due and payable with application. Permits shall not be transferable and may be issued only to individuals, not to corporations or partnerships.
[2-8-1989 by Ord. No. 30]
A. 
Except for fireworks displays authorized by a specialized resolution of the Town Board, no permittee under this article shall blast or drill in preparation for blasting except between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday. No blasting shall take place on any holiday.
B. 
Permittees shall notify persons who may be affected by their blasting by giving such persons at least 48 hours' notice of the time when each blast is scheduled to take place. The Town Clerk shall designate to the permittee the names and addresses of those persons to receive such notice. Notice shall be by mail.
C. 
Permittees shall keep a record of the date and time of each blast, location of shot or shots, number of holes for explosives, depth of holes, amount of explosives used, and the persons given notice thereof pursuant to Subsection B of this section, and shall be required upon request to exhibit such record to any police officer, firefighter or elected official of the Town of Whitewater.
D. 
All incidents of permitted blasting shall be within one hour on either side as to the time each blast is scheduled to take place according to the permit application and to any notice given to persons who may be affected by such blasting. Exceptions may be granted by the Town Clerk or the Town Chairman due to atmospheric conditions to allow an incident of blasting in the next available opportunity without issuance of another permit.
E. 
Without the prior written consent of the affected owner or governmental unit, no permittee shall place or explode any explosive within 200 feet of any public road or structure not owned by such permittee. For the purposes of this subsection, a "structure" shall include any building, well or septic system and facilities connected with such structures and necessary to their operation. No permittee shall, in any one instance of blasting, employ more than 30 holes, and none of those holes shall be more than 20 feet deep.
F. 
With reference to blasting activities allowed under the five license classifications defined by § ILHR 7.11(4), Wis. Adm. Code,[1] any permittee engaging in Class 1 blasting activities shall be required to show proof of financial responsibility in the minimum amount of $5,000; for Class 2 blasting activities the minimum amount shall be $10,000; for all other classes of blasting activities, the minimum amount shall be $25,000. Proof of financial responsibility shall be accomplished only by proof of insurance or bond.
[1]
Editor's Note: See now § SPS 305.20, Wis. Adm. Code, for blasters licenses.
The permittee and/or the permittee's blaster shall allow the Town Chairman, any Town Supervisor, any law enforcement officer, or any person designated by the Town Chairman, any Town Supervisor or any law enforcement officer, to inspect any blasting site upon such inspector's request. No such inspection shall occur unless the inspector is accompanied during the inspection by either the permittee or the blaster, and the permittee and/or blaster shall cooperate with all such inspection requests.
[2-8-1989 by Ord. No. 30]
Any person who violates any provision of this article shall forfeit an amount as set forth in the fee schedule that shall be kept on file with the Town Clerk plus costs of prosecution. Each such unpermitted use of an explosive shall constitute a separate offense under this article. If the permittee or those acting under such permittee violate or are violating any requirement of this article, the Town Clerk may immediately suspend any outstanding permit if life, health or property is in danger. The Town Clerk may further require the permittee to show cause, at the next regularly scheduled Town Board meeting of the Town of Whitewater, why any suspended permits should be reinstated and/or why future permits should be issued to that permittee. Upon a finding that a permit has been violated, the Board may impose conditions for issuance of any future permits. If the Board, after giving proper notice and opportunity for hearing before the Town Board, finds that the permittee violated any requirement of this article intentionally or recklessly, the Town Board may immediately revoke any outstanding permits. No permittee found to have violated this article shall be permitted to apply for a new permit until 60 days lapse from the date of the suspension.