[HISTORY: Adopted by the Board of Trustees of the Village of Florida 12-12-2006
by L.L. No. 5-2006.[1] Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the
meanings indicated:
The act or acts involved in preparing for and actually firing a charge
of explosive, including the storage of explosives and igniting material, with
the intent to break or move rock or any other substance.
Any person, firm, partnership, corporation, association or legal
representative acting individually or jointly.
The attorney retained by the Village Board of the Village of Florida.
The Village Board of the Village of Florida.
The duly appointed Clerk of the Village of Florida or any person
authorized by the Village Board to act on her behalf.
No person shall conduct or cause to be conducted any blasting operations
in the Village of Florida unless he shall be so 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 a 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 biannual permit,
the place of the blasting operation. The application shall be accompanied
by the appropriate 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 Florida, in which case a biannual permit
may be issued. A biannual 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.
B.
The permit shall specify the name of the permittee, if
not a biannual permit, the location of the operation and the date of its issuance
and its expiration; it shall be signed by the Village Clerk.
C.
The holder of a biannual permit shall, before undertaking
any blasting operation within the Village, inform the Village Clerk of the
time and place of such operation at least five days in advance of such operation.
D.
A true copy of such permit shall be conspicuously displayed
at the site of all blasting operations.
E.
All surrounding property owners within 750 feet of the
blasting operation shall be notified personally or by certified mail within
five days of the blasting by the permit holder.
The fee for all permits required by the chapter shall be $200 for a
biannual permit and $25 for an individual permit for each operation.
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 $2,000,000
for all such injuries arising out of one incident and $1,000,000 for any one
such injury and $500,000 for any property damage. Such certificate shall also
name the Village of Florida as an additional insured and provide that it shall
not be canceled, terminated or modified unless 10 days' prior written notice
is given to the Board by certified mail addressed to the Mayor and the Village
Clerk.
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
4:00 p.m. or before 9:00 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
competent persons carrying red flags to be stationed at a reasonable distance
from the blast on all sides of the blast on any path, lane, street, road,
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 permitted 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 he finds that there has been any false statement
or misrepresentation as to a material fact in the application, insurance,
plans or specifications on which the permit was based.
(2)
Where he finds that the permit was issued in error and
should not have been issued in accordance with the applicable law.
(3)
Where he 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 of 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 not to exceed $250 for each violation or imprisonment
for a term not to exceed 15 days, or both.
