As used in this chapter, the following terms
shall have the meanings indicated:
BLASTS and BLASTING
Includes any activity whereby layers of earth and rock are
dislodged or torn apart by the use of any explosive, and includes
the displacement of any vegetation, ground cover, earth or rock by
the explosion or detonation of any explosive material.
[Amended 8-20-2013 by L.L. No. 6-2013]
A. No blasting
shall be permitted in the unincorporated portion of the Town of Clarkstown
except between the hours of 7:00 a.m. and 7:00 p.m., excluding Sundays
and public holidays, when no blasting shall be permitted at any time.
B. Whenever blasting is to be conducted, the Chief Fire Safety Inspector
or Building Inspector shall be notified 24 hours in advance of blasting,
the location and intended time of such blast specified by the blaster.
During the hours when blasting is permitted,
peak particle velocity and overpressure produced by any blast, at
a distance measured by the distance from the blast to the closest
structure or building not owned or used by the entity conducting the
blast, shall not exceed 0.75 inch per second for frequencies less
than 40 hertz or 2.0 inches per second for frequencies of 40 hertz
or more. In addition, air pressure levels emanating from such blasts
shall not exceed 131 decibels for a high pass filter of 0.1 hertz,
or 128 decibels for a high pass filter of two hertz, or 125 decibels
for a high pass filter of six hertz.
The person, firm or corporation conducting a blast is not required to meet the standards of maximum charge per delay set forth in §
220-5B if the entity monitors the blast and meets the standards of ground vibrations and air pressure levels set forth in §
220-4.
[Amended 4-9-2013 by L.L. No. 2-2013; 8-20-2013 by L.L. No.
6-2013]
A. Any person, firm or corporation or their respective agents, servants
or employees found guilty of a violation of any provision of this
chapter shall be punished by a fine of up to $2,500. Any person, firm
or corporation or their respective agents, servants or employees found
guilty of a second offense of any provision of this chapter within
18 months from the date of the first conviction shall be punished
by a fine of not less than $2,500 and not more than $5,000. Any person,
firm or corporation or their respective agents, servants or employees
found guilty of a third offense of any provision of this chapter within
18 months from the date of the second conviction shall be punished
by a fine of not less than $7,500 and not more than $10,000. Any person,
firm or corporation or their respective agents, servants or employees
found guilty of a fourth or subsequent offense of any provision of
this chapter within 18 months from the date of the third conviction
shall be punished by a fine of not less than $10,000 and not more
than $15,000. For such offenses which are continuing offenses, each
day such offense shall continue to exist shall constitute a separate
offense.
B. The application of the above penalty shall not be held to prevent
the enforced removal of the prohibited conditions by any other means
available to the Town Board of the Town of Clarkstown.
C. In the case of violation of any provision of this chapter by a corporation,
the sentence to be imposed shall conform to the provisions of § 80.10
of the Penal Law and the fines provided for therein.