[HISTORY: Derived from Chapter 73 of the 1975 Compilation, as amended
through 1996. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
As used in this chapter, the following terms shall have the meanings
indicated:
Any radioactive isotope(s) resulting from the operation of or intended
for use in nuclear fission reactors or nuclear weapons; the elements of spent
nuclear fission reactor fuel that are themselves radioactive; the radioactive
components of nuclear fission reactors, or of any device or component of a
device that has been used to contain or process radioactive isotopes; or the
tailing or similar debris resulting from the mining of uranium or other radioactive
elements, except as specifically exempted herein.
Any food treated with ionizing radiation from radioactive sources,
x-rays or electron beams and includes any food which contains an ingredient
that has been irradiated; provided, however, that if the irradiated ingredients
of any food consist solely of spices which have been so treated, such food
shall not be deemed an irradiated food on account of such irradiated spices.
Any device that has as its purpose the controlled release of energy
from nonexplosive reactions involving the fission of atomic nuclei.
Any device the intended explosion of which results from the energy
released by fission and/or fusion reactions.
Any person knowingly engaged in nuclear weapons work, or his/her
agent, subsidiary or parent organization.
Any work that has as its purpose the development, testing, production,
possession, maintenance or storage of nuclear weapons; the components of nuclear
weapons; or any secret or classified research or evaluation of nuclear weapons.
Any natural person, corporation, college or university, laboratory,
institution, governmental agency or other entity.
No person shall knowingly engage in nuclear weapons work within the
City of Oneonta, as of the effective date of this chapter. Nothing in this
chapter shall prohibit any person from engaging in nuclear weapons work outside
of the City of Oneonta.
Any transportation of nuclear weapons or other hazardous radioactive materials through or over the City of Oneonta shall be subject to the following restrictions, except as excluded in § 182-9:
A.
Any person transporting such material shall notify the
City of Oneonta at least 45 days prior to such transportation for review under
provisions of this section, specifying the nature of such material, precise
schedules of transport and means of transport.
B.
Any person required to notify the City of Oneonta, as provided for in Subsection A above, shall, after notice is provided to the City of Oneonta, inform the public by a legal notice in a daily newspaper of general circulation in the City of Oneonta no less than one day per week for the four consecutive weeks preceding such transportation through the City of Oneonta. The published legal notice shall specify the nature of such material, precise schedules of transport, means of transport and routes of transport and shall invite public responses, if any.
C.
The City of Oneonta shall independently monitor the transport
of hazardous radioactive material through or over the City of Oneonta and
shall assess the adequacy of safety and notice provisions relating thereto.
The city shall request from the State of New York notification of any information
received by the state pertaining to the transportation of any hazardous radioactive
material through or over the City of Oneonta. If any proposed route for such
transport is deemed unsafe for the health or well-being of the people of the
City of Oneonta, the city shall determine and inform the transporter of required
alternate route(s).
D.
Each vehicle involved in such transport shall have clearly
visible signs meeting, at a minimum, state and federal requirements for identifying
its contents as hazardous nuclear material.
No person shall reprocess, store, dump or use hazardous radioactive
materials for any purpose within the City of Oneonta.
A.
The City of Oneonta shall not purchase or lease any goods
or services produced or provided by nuclear weapons manufacturers unless the
Common Council makes a specific determination that no reasonable alternative
exists, taking into consideration the following factors:
B.
Any bidder for the City of Oneonta's purchases or
leases of goods or services must certify by affidavit whether it or any of
its subsidiaries or its parent company are nuclear weapons manufacturers.
Where the goods or services are not solely manufactured, produced and/or grown
by the bidder, the affidavit must certify whether the goods or services are,
to the bidder's best knowledge, wholly or partly the product of a nuclear
weapons manufacturer.
(1)
Copies of completed affidavits shall be retained on file
for public access and copying.
(2)
Completion of the affidavit(s) specified in this subsection
is required for the acceptance of any bid or for the execution of any contract
by the City of Oneonta. The chapter must be incorporated by specific reference
into all contracts entered into by the City of Oneonta. Any contracts executed,
or any bids submitted or accepted, contrary to the provisions of the chapter
shall be void for all purposes.
(3)
Whenever a false or inaccurate affidavit has been submitted
to the City of Oneonta, the city shall refuse to certify the contract or shall
disqualify the contractor from contracting with the City of Oneonta, as appropriate.
C.
The City of Oneonta shall not invest in any nuclear weapons
manufacturers as of the effective date of this chapter. Within two years of
the adoption of this chapter, the City of Oneonta shall divest itself of all
such investments currently held by it, including pension funds, except state-administered
retirement funds, unless such divestment shall be deemed by the manager of
said investments not to be prudent, in which case divestment shall occur as
soon as it is prudent, but not later than five years from the effective date
of this chapter.
(1)
Any person with whom the City of Oneonta invests or deposits
its funds must certify by affidavit whether it or any of its subsidiaries
or its parent company are nuclear weapons manufacturers. Such person shall
not in turn invest or deposit any of the city's funds in any nuclear
weapons manufacturers, and such person must certify by affidavit that he/she/it
will not do so.
(2)
Copies of completed affidavits shall be retained on file
for public access and copying.
(3)
Completion of the affidavits specified in this subsection
is required for the investment or deposit of any funds by the City of Oneonta.
(4)
Whenever a false or inaccurate affidavit has been submitted
to the City of Oneonta, the city shall refuse to certify the investment or
deposit or shall disqualify such person from such arrangements with the City
of Oneonta, as appropriate.
D.
Nothing in this chapter shall prohibit any individual
or other institution from making such investments.
No person shall operate or cause to be built a nuclear reactor within
the City of Oneonta.
A.
No facility using radioactive isotopes for the purpose
of irradiating food intended for human or animal consumption shall be constructed
or operated within the City of Oneonta.
B.
Any food intended for human or animal consumption that
has been irradiated in such a facility, or by any similar facility using ionizing
radiation, and intended for sale within the City of Oneonta shall be prominently
labeled with the words, "Treated with Ionizing Radiation-May be Hazardous
to Your Health."
Every road, including interstate highways, entering the City of Oneonta
or any major transportation facility which, as of the date of passage of this
chapter, has a sign marking the city limits, or where a new city-limit sign
is emplaced subsequent to the date of passage of this chapter, will also be
marked equally prominently with a sign reading "Nuclear-Free Zone, established
by City of Oneonta Municipal Code, Chapter 73," and clearly displaying the
standard yellow and black symbol for radiation with a red circle cross-out
overlay.[1] These signs shall be posted no later than 60 days from the effective
date of this chapter, shall be at least one foot by two feet in size and shall
be maintained with at least the same standard of care as city-limit signs.
A.
The Environmental Board of the City of Oneonta shall
have the duty to hold hearings, issue reports and make recommendations to
the Common Council, as it deems appropriate, to educate the public, to determine
means of implementing and to evaluate compliance with all sections of this
chapter.
B.
The City of Oneonta, or any resident thereof, has the
right to enforce this chapter by appropriate civil action for declaratory
or injunctive relief. A prevailing plaintiff shall be awarded reasonable costs
of suit and attorneys' fees, payable by the person found to have violated
this chapter.
C.
Each violation of this chapter shall be a misdemeanor,
and each day shall be deemed a separate violation.
D.
Where the City of Oneonta determines that any nuclear
weapon work or other activity covered under this chapter is occurring in Oneonta
inconsistent with the intentions of this chapter, the city shall so notify
the nuclear weapons manufacturer or other persons with a formal order to cease
and desist from such activities. Each person so notified may appeal this decision
to the Common Council within 30 days of receipt of said notice. The Common
Council may uphold an appeal only if it finds, after public hearing, that
such person is not engaged in nuclear weapons work or other activity inconsistent
with this chapter within the City of Oneonta. Failure of any person to comply
with a cease-and-desist order within 60 days following its receipt, or following
an unsuccessful appeal, shall be prosecuted to the full extent of city police
powers. In addition, the city may impose either or both of the following sanctions:
A.
Nothing in this chapter shall be construed as prohibiting
research on or the application of nuclear medicine or consumer uses of radioactive
material for smoke detectors, light-emitting watches and clocks and other
similar applications.
C.
The provisions of §§ 182-2 and 182-5 shall not be construed as prohibiting contracts with, or investments in, any agency or branch of government, provided that such agency or branch is not itself engaged in nuclear-weapons work and is clearly distinguishable administratively from any governmental entity that is involved in nuclear-weapons work. Any such exception for any agency or branch of governmental entity may be allowed only upon a specified finding by the Common Council, after public hearing, that the proposed purchase or investment in no way supports nuclear-weapons work.
A.
Unless otherwise specified, the provisions of this chapter
are effective immediately.
B.
The prohibitions contained in §§ 182-2, 182-4 and 182-6 (no nuclear-weapons work, reprocessing, storage, or use of hazardous radioactive materials, nor nuclear reactors in the City of Oneonta) shall, as they apply to any such activity already occurring as of the date of passage of this chapter, take effect two years after that date.
C.
No person shall, within the City of Oneonta, commence
any such prohibited activities after the date of passage of this chapter.
