[HISTORY: Adopted by the Board of Trustees of the Village of Babylon
as Ch. X, Art. IV, of the 1938 Code of Ordinances (Ch. 118 of the 1981 Code).
Amendments noted where applicable.]
No person shall store or keep any explosive whatsoever within the Village
of Babylon, unless he first shall obtain from the Board of Trustees a license
therefor.
No person shall store or keep more than 10 pounds of any explosive nor
more than 1,000 detonating or blasting caps.
Any person storing or keeping gun powder or detonating or blasting caps
shall at all times enclose the same in a strong fireproof magazine, mounted
on wheels and securely locked, except when necessarily opened for use, provided
that any person may keep not more than five pounds of gun powder in a retail
store in strong securely fastened fireproof canisters.
No person shall manufacture any explosives and/or ammunition.
Magazines containing explosives shall be kept clean and free from grit,
rubbish and empty packages.
Explosives shall not be transported or carried on or in any conveyance
carrying passengers for hire.
Every vehicle, while carrying explosives, shall display, upon an erect
pole at the front end of such vehicle and at such height that it shall be
visible from all directions, a red flag with the word "danger" printed, stamped
or sewn thereon in white letters at least six inches in height or, in lieu
of such flag, the word "explosives" must be painted on or attached to the
rear end and each side of such vehicle in letters at least four inches in
height.
It shall be unlawful for any person to smoke in or upon any vehicle
containing explosives or, while intoxicated, to drive, load or unload such
vehicle or to drive such vehicle in a careless or reckless manner or to abandon
such vehicle.
[Added 11-30-1981 by L.L. No. 22-1981]
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this chapter.
