As used in this chapter, the following terms shall have the meanings indicated:
Includes a corporation, partnership, firm or association.
[HISTORY: Adopted by the Board of Trustees of the Village of Croton-on-Hudson 12-16-1985 by L.L. No. 12-1985. Sections 81-2A and B, 81-3 and 81-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
A.
No person shall blast or cause to be blasted any rock or other substance with any explosive in the Village of Croton-on-Hudson without having first obtained a permit from the Village Engineer or his designee covering the specific blasting operations, upon written application on a form approved by the Village Manager, which shall include such information as may be required to enable the Village Engineer or his designee to determine the impact of such blasting on the property involved and the surrounding property.[1]
B.
Before such permit is issued, the person 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 Village 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 providing bodily injury coverage of not less than $2,000,000 and property damage insurance of not less than $1,000,000. Such policy shall also save the village harmless from all claims, actions and proceedings brought by any person, firm or corporation for injury to person or property resulting from or occasioned by such blasting operations. Such policy shall contain the provision that the policy shall not be canceled, terminated, modified or changed by the company unless 10 days' prior written notice is sent to the village by registered or certified mail. Such policy shall also provide that the presence of the Village Engineer or his designee or any other village employee 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.[2]
C.
Before such permit is issued, the person shall submit for review his current state explosives license and competence permit as issued under Article 16 of the Labor Law. No village permit shall be valid unless such state licenses are in full force and effect for the applicant.
D.
Before such permit is issued, the person shall deposit an amount with the village deemed sufficient by the Village Manager to cover the salary and benefit costs of a village employee to be present during all blasting operations for which the permit is intended.
Such permit, when approved and signed by the Village Engineer or his designee and upon payment of a fee in an amount set by resolution of the Board of Trustees, shall be issued by the Village Engineer or his designee, who shall keep a record thereof.[2] Each permit shall specify the name of the permittee, the date of expiration [which shall be no later than three months from the date of issue] and the particular place where the blasting is to be done. The Board of Trustees may revoke any permit issued hereunder at any time.
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. All blasting shall be in accordance with applicable state and federal laws and regulations.
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 Village of Croton-on-Hudson unless a warning air blast is given to give proper warning thereof at least three minutes in advance of firing and two warning air blasts are given at the conclusion of the blasting operation.
[Amended 8-21-1989 by L.L. No. 7-1989]
No person shall conduct blasting operations within the Village of Croton-on-Hudson after the hour of 5:00 p.m. and before 8:00 a.m. nor at any time on Saturdays, Sundays and legal holidays, except under authority of a special permit issued by the Board of Trustees.
During blasting operations, explosives shall be stored separately from igniters, and for this purpose separate receptacles shall be built or provided and placed at a reasonable distance apart one from the other.
The Village Manager is hereby authorized and empowered to establish and promulgate rules and regulations concerning blasting operations in the Village of Croton-on-Hudson, 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 by the Village Manager, shall be binding upon all persons to whom a permit is issued pursuant to this chapter.
Any person or entity violating any of the provisions of this chapter, upon conviction thereof, shall be subject to a fine of $500 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.