[HISTORY: Adopted by the Town Board of the Town of Monroe 3-6-1972
by L.L. No. 2-1972. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 23.
For the purposes of this chapter, the following terms shall have the
meanings indicated:
The act or acts involved in preparing for and actually firing a charge
of explosive, including the storage of explosives and igniting material, with
the intent to start or move rock or any other substance.
Any person, firm, partnership, corporation, association or legal
representative, acting individually, or jointly.
The attorney retained by the Town Board of the Town of Monroe.
The Town Board of the Town of Monroe.
The duly elected Town Clerk of the Town of Monroe or any person authorized
by the Town Board to act on his behalf, including any of his deputies.
No person shall conduct or cause to be conducted any blasting operations
in the Town of Monroe unless he shall be licensed by the State of New York
and unless he shall have first obtained a permit from the Town Clerk upon
application as provided by this chapter.
[Amended 8-5-2002 by L.L. No. 4-2002]
An application for such a permit shall be made in writing to the Town Clerk and shall state the name and address and telephone number of the person seeking the permit, his New York State license number, the name of the insurer and policy number required by this chapter, the names of the individual who shall actually undertake the blasting operation for which the permit is sought, the type of permit sought and, if the application is not for a biannual permit, the place of the blasting operation. The application shall be accompanied by the appropriate application fee. A permit must be applied for prior to the giving of notice required under § 22-8 of this chapter.
A.
A separate permit shall be required for each blasting
operation unless the applicant is or will be regularly engaged in the business
of blasting within the Town of Monroe, in which case a biannual permit may
be issued. A biannual permit shall expire the second December 31 following
its issuance. All other permits shall expire 15 days after issuance unless
a longer period is specified on the permit.
B.
The permit shall specify the name of the permittee, if
not a biannual permit, the location of the operation and the date of its issuance
and of its expiration; it shall be signed by the Town Clerk.
C.
The holder of a biannual permit shall, before undertaking any blasting operation within the town, inform the Town Clerk of the time and place of such operation at least 24 hours in advance of such operation. In addition, the holder of a biannual permit shall, before undertaking each blasting operation within the Town, comply with the notification provisions required under § 22-8 of this chapter.
[Amended 8-5-2002 by L.L. No. 4-2002]
D.
A true copy of such permit shall be conspicuously displayed
at the site of all blasting operations.
[Amended 5-2-1983 by L.L. No. 1-1983]
The fee for all permits required by this chapter shall be in an amount
determined by the Town Board.[1]
A.
No permit shall be issued by the Town Clerk unless the
applicant submits with the application a certificate of insurance issued by
an insurance company authorized to do business in the State of New York and
in a form acceptable to the Town Attorney, certifying that the applicant has,
in full force and effect, a policy of public liability insurance, including
a specific endorsement covering all liabilities that might arise from blasting
and providing bodily injury and wrongful death coverage of not less than $2,000,000
for all such injuries arising out of one incident and $1,000,000 for any one
such injury and $1,000,000 for any property damage. Such certificate shall
also disclose that the policy shall incorporate provisions as follows:
[Amended 8-5-2002 by L.L. No. 4-2002]
(1)
That the Town of Monroe be held harmless from all claims,
actions, judgments and proceedings brought against it for injury to person
or property resulting from or occasioned by such blasting operation.
(2)
That it shall not be canceled, terminated or modified
unless 10 days' prior written notice is given to the Town Board by certified
mail addressed to the Supervisor and the Town Clerk.
(3)
That the presence of an inspector or engineer on behalf
of the Town of Monroe at the site of such blasting operation shall not affect
the obligation of the insurer under the policy.
B.
No permit shall be valid unless such insurance is in
full force and effect during the entire term of the permit.
A.
Hours of blasting. It shall be unlawful to blast or carry
on any blasting operation between sunset and sunrise, and in no event after
7:00 p.m. or before 8:00 a.m., nor shall any blasting be done on Sunday, except
with the approval of the Town Board.
B.
The manner and conduct of the blast and blasting operations
shall in all respects conform to the rules, regulations and requirements of
the New York Board of Standards and Appeals or the Industrial Commission of
the State of New York promulgated under the authority of the New York State
Labor Law.
A.
At least three minutes before firing a blast, the person
undertaking such blasting operation shall give warning thereof by causing
a competent man carrying a red flag to be stationed at a reasonable distance
from the blast on all sides of the blast on any path, lane, street, road,
highway or other avenue of approach capable of use by the public.
B.
In all cases, signs at least 36 inches by 36 inches bearing
the words "Danger, Blasting Operations Underway -- No Radio Transmission"
or similar language printed in red shall be posted on all sides of the blast
at a reasonable distance from the blast. At least four such signs shall be
so posted. Such posting shall occur at least by 8:00 a.m. on the day of the
blast, and such signs shall be removed after the blasting operations are completed.
C.
Whenever blasting shall be permitted under the provisions
of the Town Code, written notice shall be given to all owners of real property
within 750 feet of the blast site. Said notice shall state the exact location
of the blast site and the date on which blasting is proposed to commence and
the estimated date when blasting will be completed. Said notice shall be sent
by certified mail, return receipt requested, to the aforesaid property owners
at their last known addresses as shown on the latest assessment roll of the
Town of Monroe at least 14 days prior to the commencement of blasting. An
affidavit of mailing, designating the name and address of each property owner
notified, together with actual proof of mailing, shall be filed with the Town
Clerk prior to the issuance of a permit. No authorization to blast at a particular
site under a biannual permit shall exist until the affidavit of mailing and
actual proof of mailing in regard to that site is filed with the Town Clerk.
[Added 8-5-2002 by L.L. No. 4-2002]
A.
The Town Clerk may temporarily revoke any permit heretofore
issued and approved in the following instances:
(1)
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans or specifications
on which the permit was based.
(2)
Where he finds that the permit was issued in error and
should not have been issued in accordance with the applicable law.
(3)
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of this chapter.
B.
Upon such revocation the permittee shall be entitled
to a hearing regarding the cause therefor at the next regular Town Board meeting
or at a special meeting called by the Supervisor for such purpose. After such
hearing the Town Board shall either reinstate the permit or make the revocation
permanent.
The terms and provisions of this chapter shall not be binding on blasting
operations conducted by the United States of America, the State of New York
or the County of Orange, or any of their authorized representatives.
A.
Any person who shall violate, cause or participate in
any violation of any provision of this chapter, or any condition, rule or
regulation imposed or promulgated under the authority of this chapter, shall
be deemed to have committed an offense.
B.
Every violation of any provision of this chapter or any
condition, rule or regulation imposed or promulgated under the authority of
this chapter shall be a separate and distinct offense, and in the case of
a continuing violation, every day's continuance thereof shall be deemed
a separate and distinct offense. A conviction of any such violation shall
be punishable by a fine not to exceed $250 for each violation or imprisonment
for a term not to exceed 15 days, or both.
[Amended 6-5-1972 by L.L. No. 5-1972]
[Added 8-5-2002 by L.L. No. 4-2002]
The Town Board shall have the power to promulgate by resolution such
rules and regulations which, from time to time, may be necessary to carry
into effect and properly administer the provision of this chapter.
