Article 10. Blasting
4-1001 Blasting; Permit Required.
It shall be unlawful for any person to do, or cause to be done, any blasting within the City limits without first obtaining from the Building Official a permit therefore and pay the permit fee as established by the City Council.
(Ord. 1738, Sec. 11; Code 2014)
4-1002 Approval of Permit Prior to Issuance.
Blasting permits shall be approved by the Building Official prior to issuance. The Building Official shall, prior to approval, be satisfied that the applicant is, in every particular, a safe, careful and suitable person to use, and skilled in the use of the explosive desired to be used.
(Ord. 1738, Sec. 11)
4-1003 Bond Required.
No permit for blasting shall be approved or issued to anyone until the applicant therefore has entered into a good and sufficient bond with at least one surety authorized to do business in Kansas in the sum of not less than $50,000. Such bond shall be approved by the Building Official conditioned that such person will carefully and prudently use such explosive. The bond shall run to the City for the benefit of the City and anyone damaged in person or property by the use of such explosives. Such bond shall be filed with the City Clerk.
(Ord. 1738, Sec. 11)
4-1004 Insurance in Lieu of Bond.
In lieu of the bond required by Section 41003 above, the applicant may furnish evidence that the applicant has in full force and effect liability insurance in an insurance company authorized to do business in Kansas, protecting the City and all persons who may be damaged in person or property against damage by blasting; such insurance shall provide for at least $500,000 coverage for each person and $1,000,000 coverage for each occurrence and $500,000 property damage. A copy of the evidence so furnished and/or a copy of the insurance policy shall be filed with and approved by the City Clerk.
(Ord. 1738, Sec. 11; Code 2014)
4-1005 Term of Permit.
Blasting permits issued hereunder shall be for a time certain not to exceed one (1) year.
(Ord. 1738, Sec. 11)
4-1006 Warranty of Applicant to Defend City in Event of Suit.
By the application for and the acceptance of a blasting permit hereunder, the applicant warrants to the City for and on behalf of his, her, or its heirs, successors and assigns, that the applicant will defend the City in any suit or action commenced for damages to person or property arising out of or in connection with any blasting conducted within the City limits as authorized by the permit and the issuance or approval of such permit and further warrants that in the event any suit is brought or judgment might be rendered against the City as a result of blasting or for any matter in connection with the issuance or approval of such permit that the applicant will pay all such judgments, compromised claims or judgments costs and expenses in connection with the suit or judgment and the defense thereof. Upon receipt of notification of suit the City Clerk shall, as soon thereafter as conveniently possible, forward a copy of such notification to the applicant by registered or certified mail, return receipt requested, at his or her address shown on the permit. Failure on the part of the applicant to receive such notification shall in no way affect the applicant’s warranties hereunder. The conditions of these warranties shall be shown on all blasting permits hereunder.
(Ord. 1738, Sec. 11)
4-1007 Permit to Be Kept with Permittee or in Structure at Site of Blasting Operations.
Permits issued hereunder shall be kept with some person or in or on some structure at the site of the blasting operations.
(Ord. 1738, Sec. 11)
4-1008 Penalty.
Violations of this Section shall constitute Class A violations.
(Ord. 1738, Sec. 11)