[HISTORY: Adopted by the Board of Trustees
of the Village of Monroe 6-6-1972 (Ch. 8A of the 1968 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 80.
For the purpose of this chapter, the terms used
herein are defined as follows:
The act or acts involved in preparing for and actually firing
a charge of explosive material, 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.
Attorney retained by the Village Board of the Village of
Monroe.
Village Board of the Village of Monroe.
The duly appointed Village Clerk of the Village of Monroe
or any person authorized by the Village Board to act in her behalf,
including her deputy.
No person shall conduct or cause to be conducted
any blasting operations in the Village of Monroe unless he shall be
licensed by the State of New York and unless he shall have first obtained
a permit from the Village Clerk upon application as provided by this
chapter.
An application for such permit shall be made,
in writing, to the Village 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 individuals 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 biennial permit,
the place of the blasting operation. The application shall be accompanied
by the appropriate application fee.
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 Village of Monroe, in which case
a biennial permit may be issued. A biennial 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 biennial permit, the location of the operation and the date
of its issuance and of its expiration. It shall be signed by the Village
Clerk.
C.
The holder of a biennial permit shall, before undertaking
any blasting operation with the village, inform the Village Clerk
of the time and place of such operation at least 24 hours in advance
of such operation.
D.
A true copy of such permit shall be conspicuously
displayed at the site of all blasting operations.
A.
A. No permit shall be issued by the Village 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 Village 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 $1,000,000 for
all such injuries arising out of one incident and $500,000 for any
such injury and $250,000 for any property damage. Such certificate
shall also disclose that the policy shall incorporate provisions,
as follows:
[Amended 7-6-1999 by L.L. No. 3-1999]
(1)
The Village of Monroe shall be held harmless from
all claims, actions and proceedings brought against it for injury
to person or property resulting from or occasioned by such blasting
operation.
(2)
It shall not be canceled, terminated or modified unless
10 days' prior written notice is given to the Village Board by registered
mail addressed to the Mayor and the Village Clerk.
(3)
The presence of an inspector or engineer on behalf
of the Village 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 Village 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 or 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.
A.
The Village Clerk may temporarily revoke any permit
heretofore issued and approved in the following instances:
(1)
Where she 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 she finds that the permit was issued in error
and should not have been issued in accordance with the applicable
law.
(3)
Where she 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 Village
Board meeting or at a special meeting called by the Mayor for such
purpose. After such hearing, the Village 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 in 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 as set forth in Chapter 1, Article II, General Penalty, § 1-14.
[Amended 7-6-1999 by L.L. No. 3-1999]
