This chapter shall be known and may be cited as the "Blasting Law of
the Town of Newburgh."
As used in this chapter, the following terms shall have the meanings
indicated:
PERSON
Includes a person, persons, firm, partnership, corporation or other
entity capable of being sued.
The permit shall not be issued until the applicant shall submit to the
Town of Newburgh a certificate of general public liability insurance in the
amount of one million dollars ($1,000,000.) for personal injury and one hundred
thousand dollars ($100,000.) for for property damage, executed by the carrier
or its authorized representative. The certificate shall provide that said
policy will not be canceled except on ten (10) days' notice in writing
to the Town of Newburgh. Should the Building Inspector determine that the
extent of the blasting operations in any particular case and the danger involved
require public liability insurance coverage in greater amounts than above
specified, he shall immediately certify his determination to the Town Clerk
and simultaneously request that the Town Board fix the policy limits. The
Town Board shall meet as expeditiously as possible for said purpose, and said
Town Board is hereby authorized and empowered to fix the policy limits in
such amount or amounts as the Town Board shall deem commensurate with the
scope of the blasting operations and the dangers involved, not exceeding,
however, the following amounts: two million dollars ($2,000,000.) for each
person injured, three million dollars ($3,000,000.) for each accident and
five hundred thousand dollars ($500,000.) property damage. Such liability
insurance policy shall be issued by an insurance company authorized to do
business in New York State and the certificate approved as to form and sufficiency
by the Town Attorney, and, after such approval, said certificate of insurance
shall be filed with the Town Clerk.
[Amended 6-19-1978 by L.L. No. 2-1978]
Application for such permit shall be accompanied by an permit fee as prescribed by Chapter
104, Fees.
The applicant shall also satisfy the Building Inspector that any magazine
to be used for the storage of explosives on the work for which the blasting
permit is desired has been duly licensed by the Commissioner of Labor of the
State of New York, as provided in Article 16, § 458, of the Labor
Law.
It shall be unlawful to blast or carry on any blasting operation 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 Building Inspector.
The violation of any of the provisions of this chapter or failure to
comply therewith shall be an offense and punishable by a fine which shall
not exceed two hundred fifty dollars ($250.) or by imprisonment for a term
not exceeding fifteen (15) days, or both, and each day such violation shall
be permitted to exist shall constitute a separate offense. The application
of the above penalty shall not be held to prevent the enforced removal of
the prohibited conditions.