The Village Board of the Village of Mamaroneck takes recognition of
requests by residents of the Village of Mamaroneck to impose regulations on
the discharge of explosives within the village so as to promote the peace,
good order and safety of the community.
This chapter is adopted pursuant to Article 2, § 10, of the
Municipal Home Rule Law of the State of New York, Article 16 of the Labor
Law of the State of New York and Title 12, Part 39, Chapter 16, of the New
York Codes, Rules and Regulations, specifically Section 464-a, or as said
provisions are amended from time to time.
As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING INSPECTOR
Unless otherwise specified, the Village of Mamaroneck Building Inspector
or his designated representative.
ENFORCEMENT AGENCY OR AUTHORITY
The Village Engineer, the Building Inspector or the Fire Inspector
of the Village of Mamaroneck or their designated representatives.
ENGINEER
Unless otherwise specified, the Village of Mamaroneck Engineer or
his designated representative.
EXPLOSIVES
Gunpowder, powders used for blasting, high explosives, blasting materials,
detonating fuses, detonators and other detonating agents, smokeless powder
and any chemical compound or any mechanical mixture containing any oxidizing
and combustible units or other ingredients in such proportions, quantities
or packing that ignition by fire, friction, concussion, percussion or detonation
any part thereof may and is intended to cause an explosion, but shall not
include gasoline, kerosene, naphtha, turpentine, benzine, acetone, ethyl ether,
benzol and all quantities of black powder not exceeding five (5) pounds for
use in firing of antique firearms or artifacts or replicas thereof. Fixed
ammunition and primers for small arms, firecrackers, safety fuses and matches
shall not be deemed to be "explosives" when the individual units contain any
of the above-mentioned articles or substances in such limited quantity, of
such nature and so packed that it is impossible to produce an explosion of
such units to the injury of life, limb or property.
FIRE INSPECTOR
Unless otherwise specified, the Village of Mamaroneck Fire Inspector
or his designated representative.
ROCK
All ledge or bedrock, boulders or masonry larger than one-half (1/2)
cubic yard in volume and any material requiring blasting, barring, chipping,
wedging or other methods for removal from its original bed.
The provisions of Article 16 of the Labor Law of the State of New York,
as well as Industrial Code Rules contained in Title 12, Part 39, of the New
York Codes, Rules and Regulations, or as said provisions are amended from
time to time, are recognized as applicable to the possession, handling, storage
and transportation of explosives within the jurisdiction of the Village of
Mamaroneck and shall be complied with by all blasters.
No blasting shall take place on Saturday, Sunday or on any of the holidays
listed below or on any other day or time period as noted in New York State
laws, as designated by local, state or federal decree or as included in the
body of this chapter:
Whenever blasting shall be permitted under the provisions of the Village
Code, written notice, as approved by the Village Engineer, shall be given
by the blasting contractor to property owners, at their addresses as shown
on the latest assessment roll of the Village of Mamaroneck, as to all improved
properties within an area designated by the Building Inspector. Said area
shall include all properties which the Village Engineer shall find will be
substantially affected by the proposed blasting. Said notice shall state the
date on which blasting is proposed to commence and the estimated date when
blasting will be completed. Said notice shall be mailed by certified mail,
return receipt requested, at least ten (10) calendar days before the proposed
commencement of blasting and shall be placed at each property in a conspicuous
place at least three (3) days before commencement of blasting. An affidavit
of mailing or delivery of the notice, designating the name and address of
each property owner notified, shall be filed by the blasting contractor with
the Village Engineer before commencement of blasting. Failure to furnish evidence
of such notice shall be grounds for revoking a permit for blasting.
No detonation of explosives shall be permitted within the Village of
Mamaroneck except between the hours of 9:00 a.m. and 4:00 p.m. on any day
on which blasting is otherwise permitted.
The Building Inspector and/or the Village Engineer of the Village of
Mamaroneck or their duly authorized representatives have the authority to
monitor blasting operations when such monitoring is, in their discretion,
deemed necessary and to inspect the storage, handling and size of the charges
intended to be detonated. The Building Inspector and/or the Village Engineer
of the Village of Mamaroneck shall also have the authority to inspect blasting
sites to ensure that the provisions of all applicable laws of the State of
New York, rules and regulations of the State of New York and this chapter
are being complied with. The enforcement agency shall have authority to issue
appearance tickets to compel the appearance in court of any person, firm or
corporation found to be in violation of any applicable state law or regulation
or this chapter.
Every applicant pursuant to this chapter, as well as the owner of the
property upon which such applicant intends to detonate explosives, is deemed
to consent to the presence of the Building Inspector, the Village Engineer
or their designated representatives on the blasting site for the purpose of
inspecting or monitoring the handling, the storage and the detonation of explosives.
Any person, firm or corporation violating any of the provisions of this
chapter or failing to comply therewith shall be guilty of an unclassified
misdemeanor and, upon conviction, shall be punished by imprisonment for a
term of not more than one (1) year or by a fine of not more than one thousand
dollars ($1,000.), or both such fine and imprisonment. Each violation of any
provision of this chapter shall be a separate and distinct offense, and, in
case of continuing violation, each day such violation shall be permitted to
exist shall constitute a separate offense.
The issuance of any permit hereunder shall in no manner be construed
as an approval of, waiver of or compliance with any additional requirements
of the State of New York, the Department of Labor or any other agency authorized
to supervise the detonation of explosives.
The invalidity of any section, clause, sentence or provision of this
chapter shall not affect the validity of any part of this chapter which can
be given effect without such invalid part or parts.