Loading...
HomeMy WebLinkAboutOrd 202-1939 AN ORDINANCE REGULATING BLASTING OPERATION~ IN TH~ CITY OF SOUTH SAN FRANCISCO AND PRO- VIDING FOR LICENSING THE SAME. The city council of the City of South San Francisco do ordain as follows: Section 1: It shall be unlawful, for any person, persons, firm or corporation to use explosives in the City of South ~ Fran- cisco for the purpose of blasting, without first procuring the permit and license herein required. Section 2: Any person, persons, firm or corporation desiring to use. explosives within the City of South San Francisco for the purpose of blasting shall make written application to the city council for a license for that purpose. Such application shall designate the locality where such blasting is to be done. If said city council is satisfied that blasting operations will be conducted with safety to persons and property, it may grant its permit authorizing the city clerk to issue a license to such applicant or applicators, upon the condition that the applicant or applicants shall deposit with the city clerk a good and sufficient policy of insurance, issued by some corporation authorized to transact business within the State of California, in such amount as said city council may, in such permit, require. Such policy of insurance shall first be approved by said city council. Such policy of insurance shall run in favor of said City of South San Francisco amd it shall inure to the benefit of said city and all persons who may suffer any damage to person or property from the blasting operations conducted under such license, and shall be conditioned for the payment, by the licensee, of all loss or damage to persons or property cause~ by or resulting from such blasting operations by the ileenaee. Ia the event tha~ lay reeever~ ef eeaq~umtiol for ~~a ~y be ~d upom ~oh policy of lnaur~ee, t~ licensee shall l~dlatel~ deposit a new peliey ef in~um~e, sub- st~tlally equivalent '~o ~he poliay en which aueh ~ve~ ~ have ~e~ ~. In the event of the fallum upon the p~ of aueh licensee te ~epoa~t such ~w p~lle2 of insured, e, the l~een~ hel~ by such licensee shall ~dlately beeo~ velA. ~ llee~e shall ~ lsaue~ by the city clerk under this ordinance u~l a petit for a license s~ll have ~en ~ant~ by said city eo~ell and a policy of lnsu~e, duly ~prove~ by ~ld city soleil aa herein requl~d, ~11 first have been deposited with mid city, cle~. ~ctloa 3~ The permit for a license ~d the license shall specify the particular Job and' desl~ate the location of the site where blasting ls to be done. At the tl~ of the he~l~ of ~y application for a permit for a blasting license, said city council shall specify the perl,d of time for the continuance of such license. ~y license issued ~der the permit granted by said city council shall ~ limited to a period of time fixed by said city council for blasting wor~ at the location for which a license is sought. Section 4: No blasti~ shall be done on Sundays or legal holidays nor at any other time then between the hour of 1~:00 o'clock noon and the hour of 1~:15 o'clock p. m. of the s~e day. Section 5: No e~losives to be used for blasti~ p~poses shall be stored within the corporate limits of the City of ~uth ~ Francisco. Section 8: ~losives for blasting purposes on ~y site, for which a license shall have been issued, may be brought upon -2- such site only in an amount sufficient for the current day and shall be kept in a place which is protected and safe, and secure from theft. Section ?: All detonating of explosives shall be done only by the use of electric exploders. The use of time fuses is pro- hibited. Section 8: No blasting work shall be done by any licensee except in the presence of the city engineer or a representative~ appointsd by him to inspect blasting operations. The licensee shall notify the city engineer one .full day in advance of the time when any blasting work is to be done by said licensee and shall pay the said city clerk the sum of Two Dollars ($2.001 as the fee for the inspection of the blasting operations for any one day at the site mentioned in such license. No blasting shall be done on any day until said fee shall have been paid, Section 9: It shall be unlawful for any person to explode any blast or cause any blast to be exploded, without first cover- ing the s~me in such manner as to prevent fragments of rock, gravel, earth, trees or other substances or material from being thrown against or upon lots or buildings, or upon any public highway. Section 10: If, in the opinion of the city engineer of said city, any blasting proposed to be done by such licensee may en- danger persons or property in the vicinity of such work, said city engineer may require all preparations for such blasting work to be made in such manner as to safeguar~ such persons and property. Any deviation by such licensee from the requirements of said city engineer shall constitute a violation of this ordinance. In th~ event of a refusal of such licensee to obey any order of said city engineer, he may, in his discretion, cancel the license. Section 11: By the acceptance of any license for blast- ing issued under this ordinance, the licensee shall be deemed to have agreed to the settlement and adjustment of all claims for damage to persons or property, which may arise from blasting opera- tions under such license, by arbitration in the manner following: Said city engineer shall select one competent person to act as arbitrator, and said licensee shall select another competent person to act as arbitrator and the two persons, so selected, shall select a third competent person to act as arbitrator. The board of arbitration, thus constituted, shall hear and determine all claims which may be made on account of damages arising from such blasting operations. No claim shall be considered by said board of arbitration, unless the claimant shall agree, in writing, to submit the claim to the determination of said board of arbitra- tion. The decision of any two of such board of arbitration shall be binding upon the claimant and said licensee. Section 12: Before any license may be issued under a permit granted by said city council, a fee of Ten Dollars ($10.00) shall be paid to the city clerk. Section 15: If, in the Judgment of the city council, any policy of insurance, deposited as hereinbefore required, shall prove to be insufficient in amount, or if, in the opinion of said city council the financial responsibility of the insurance company execu, ting such policy shall appear to be insufficient, said city council may require an additional policy of insurance to be deposit- ed with the city clerk by some insurance company, approved by said city council, in such amount as to said city council may appear to -A- bm reasonable, conditioned as. in the instance of the original policy of insurance, but limited to the blasting operations in the locality specified in such license. Section 14: By the execution of any policy of insurance for the purpose of complying with the terms of this ordinance, the insurance company executing the same shall be deemed to hay® asBented to the provisions of sect. ion ll of this ordinance respect- ing the arbitration of claims of persons for damages and shall assent to and agree to pay the amount of any awar~ which the board of arbitration, therein provided for, may make. Section 15: Any person violating any of the provisions of this ordinance, or who causes, permits or suffers the same to bm done, shall be deemed guilty of a misd®meanor. Each such person shall b® guilty of a separate offense for each and every day or portion thereof during which any violation of the provisionB ef this ordinance is committed, continued or permitted, and upon con- viction of any such violation, such person shall be punished by a fine not less than Fifty Dollars ($50.001 nor more than Two Hundred and Fifty Dollars ($250.00), er by imprisonment for not more than thirty (SO) days, or by both such fine and imprisonment. Section 16: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Said city council of the City of South San Fran- cisco hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, ir- respective of the fact that any one or more sections, subsections, sentences, clausem or phrases be declared invalid. Section l?: This ordinance shall be published once in "The Enterpris®", a weekly newspaper published and circulate~ in thm -5- City of South San Francisco, and shall take effect and be in force on the expiration of thirty (30) days after the date of its passage and adoption° -o-o-o-o-o-o-o- Introduced this ~'-- day of June, 1939. Passed and adopted as an ordinance of the City of South San Francisco at ~ regular meeting of the city council ef the Oity of South San Francisco, this /~ day Of June, 1939, by'the following Absent, Councilmen Attest: " City/~lerk. ~ I hereby approve the foregoing ordinance, this /~-. day of June, 19~. i~yO~'/~ 'the City of South San ~ranciseo. -6-