A. Findings:
1. The detonation of explosives is an ultra hazardous activity; and
2. Construction by blasting of explosives, both above and below the ground, is likely to cause damage to persons or property; and
3. The construction by blasting of explosives of a relief sewer on and under Ridgeland Avenue in the village has resulted in claims for property damage which remain unsettled and unresolved; and
4. Alterations in the water table can cause property damage; and
5. These matters affect the health, safety and public welfare of the residents and property owners within the village.
B. Definitions: When used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
EXPLOSIVES: Any chemical compound or any mechanical mixture containing any oxidizing and combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, concussion, percussion or detonator of any part of the compound or mixture may cause sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects upon life, limb or contiguous objects, but does not mean gasoline, kerosene, naphtha, turpentine, benzine, butane, propane colloided nitrocellulose in sheets or rods or grains not under one- eighth inch (1/8") in diameter, wet nitrocellulose and wet nitro starch containing twenty percent (20%) or more moisture or wet picric acid containing or being in ten percent (10%) or more moisture. Manufactured articles, such as fixed ammunition for small arms, firecrackers, safety fuses, matches, etc., shall not be held to be explosives when the individual units contain explosives in such limited quantity, of such nature or in such packing that it is impossible to produce a simultaneous or a destructive explosion of such units, to the injury of life, limb or property.
GROUNDWATER: Any natural accumulation of water located more than fifteen feet (15') below the surface of the earth.
C. Construction By Blasting Of Explosives Prohibited: No person shall construct any improvement or project by blasting of explosives within the village.
D. Restriction On The Removal Of Groundwater: No person shall remove groundwater within the village for any construction purpose or project nor for any commercial or business purpose. Furthermore, no person shall remove groundwater outside the village which shall reduce the groundwater below land located in the village to such an extent that property damage results to property located in the village. (Ord. 87-1, 1-6-1987)
E. Penalties: Any person violating this section shall be fined the amount set forth in section 1-4-1 of this code, and each instance of blasting or other violation shall be deemed a separate offense. (Ord. 2014-16, 3-4-2014)