As used in this chapter, the following terms shall have the meanings indicated:
Includes a corporation, partnership, firm or individual association.
[HISTORY: Adopted by the Town Board of the Town of Cortlandt 7-21-1964; amended in its entirety at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Subsequent amendments noted where applicable.]
No person shall blast or cause to be blasted any rock or other substance with any explosive or store explosives in the Town of Cortlandt without having first obtained a permit therefor from the Director of Code Enforcement upon written application on an approved form. Before such permit is issued, the persons shall submit evidence in the form of 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, guaranteeing that the applicant has in full force and effect a policy of public liability insurance, including a specific endorsement covering the liabilities arising from blasting and storage of explosives, and providing bodily injury and property damage coverage in an amount as set by resolution of the Town Board from time to time. Such policy shall also provide to save the town harmless from all claims, actions and proceedings brought by any person, firm or corporation for injury to persons or property resulting from or occasioned by such blasting operations or storage of explosives. Such policy shall name the town as an additional insured and shall also contain the provision that the policy shall not be canceled, terminated, modified or changed by the company unless ten (10) days' prior written notice is sent to the Town Clerk by registered mail. Such policy shall also provide that the presence of an Inspector from the Department of Code Enforcement on the site of the operations shall not affect the obligation of the insurer under its policy. No permit shall be valid unless such insurance is in full force and effect.
Such permit, when approved and signed by the Director of Code Enforcement and upon payment of a fee as may be fixed from time to time by resolution of the Town Board, shall be issued and signed by the Director of Code Enforcement, who shall keep a record thereof. Each permit shall specify the name of the permittee, the date of expiration [which shall not be later than three (3) months from thedate of issue] and the particular place where the blasting is to be done or explosives are to be stored. The Town Board may revoke any such permit at any time.
No person shall use or store a quantity of explosives greater than that amount which is generally accepted to be reasonable for the use intended nor use or store such an amount as will endanger persons or property. The Director of Code Enforcement may limit the maximum quantity of explosives to be used or stored, but no action by the Director of Code Enforcement shall relieve or exempt any person or insurance company from liability for damage caused by the use or storage of explosives.
All blasts, before firing, shall be covered with rope or metal matting, heavy timbers chained together or other suitable screens of sufficient size, weight and strength to prevent the escape of broken rock or other material in a manner liable to cause injury or damage to persons or property.
No person shall fire or explode or direct or cause to be fired or exploded any blast in or near any highway or public place in the Town of Cortlandt unless competent men, carrying a red flag, shall have been placed at a reasonable distance on all sides of the blast to give proper warning thereof at least three (3) minutes in advance of firing.
No person shall conduct blasting operations within the Town of Cortlandt after the hour of 5:00 p.m. and before 8:00 a.m., or at any time on Sunday, except under authority of a special permit issued by the Town Board.
Nothing contained herein shall be construed to conflict with Article 16 of the Labor Law of the State of New York.
The Director of Code Enforcement is hereby authorized and empowered to establish and promulgate rules and regulations concerning blasting operations in said town, storage of explosives and other matters contained in this chapter not inconsistent with the other provisions of this chapter. Such rules and regulations, when established and promulgated, shall be binding upon all persons to whom a permit is issued pursuant to this chapter.
Any person violating any of the provisions of this chapter, upon conviction thereof, shall be guilty of a violation and punished by a fine not to exceed two hundred fifty dollars ($250.) or up to fifteen (15) days in jail or by a civil penalty not exceeding one thousand dollars ($1,000.) for each offense. Every violation of any provision in this chapter shall be a separate and distinct offense, and, in case of continuing violation, every day's continuance thereof shall be deemed to be a separate and distinct offense.