Town of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of East Hampton 4-7-2000 by L.L. No. 4-2000. Amendments noted where applicable.]

§ 187-1 Declaration of purpose; title.

A. 
The Town Board hereby declares the Town of East Hampton to be a nuclear-free zone. As a result of numerous public meetings held on eastern Long Island, the Town Board finds that the residents of the town have demonstrated legitimate public safety concerns with regard to the operation of the nuclear electric generating facilities in the nearby State of Connecticut. Along with this existing threat, Long Islanders absorbed large electric rates so that Shoreham Nuclear Power Plant would be shut down, resulting in further opposition to nuclear activities. Because of this consensus of opposition, the town seeks to adopt a law that declares the town to be a Nuclear Free Zone, as set forth herein.
B. 
This local law shall be known as the "Town of East Hampton Nuclear Free Zone Law."

§ 187-2 Definitions.

As used in this local law, the following terms shall have the meanings indicated:
COMPONENT OF A NUCLEAR WEAPON
Any device, radioactive or nonradioactive, specifically designed to be installed in and to contribute to the operation of a nuclear weapon.
DIRECT ACTIVITIES OF THE FEDERAL GOVERNMENT
The actions of the federal government or any agency thereof created by statute, but does not include actions of independent contractors.
NUCLEAR WEAPON
Any device, the purpose of which is to be used as a weapon, a weapon prototype or a weapon test device, the intended detonation of which results from the energy released by fission and/or fusion reactions involving atomic nuclei. Also included within this definition are any associated guidance or delivery systems, triggering mechanisms or any other means of transporting, guiding, propelling, triggering or detonating the weapon, provided that such means are destroyed or rendered useless in the normal transporting, guiding, propelling, triggering or detonation of the weapon.
PERSON
A natural person as well as a corporation, institution or other entity, but does not include the federal government or any agency thereof.
RADIOACTIVE MATERIALS
Any radioactive materials, or their radioactive by-products, which are generated, refined or made radioactive by any government agency or pursuant to federal or state government contract or license, and including that which the federal government classifies as low-level radioactive waste as of January 1, 1989, but which may be classified as below regulatory concern after that date.
TOWN BOARD
The Town Board of the Town of East Hampton.

§ 187-3 Nuclear weapons.

A. 
Exclusions. Nothing in this law shall be constructed to prohibit:
(1) 
Any activity not specifically described in this local law.
(2) 
Basic research and/or any writing or speech devoted to public commentary or debate or other speech protected by the First Amendment of the United States Constitution.
(3) 
The lawful transportation of radioactive materials used in basic academic research, medical research or the diagnosis and treatment of patients.
(4) 
The lawful consumer use of radioactive material for smoke detectors, light-emitting watches or clocks, industrial radiography and tracer processes and other similar incidental applications.
(5) 
Direct activities of the federal government or its employees.
(6) 
Research, development and manufacturing associated with biotechnology.
B. 
Prohibiting nuclear weapons works.
(1) 
No person shall knowingly within the Town of East Hampton deploy, construct, launch, maintain or store nuclear weapons or components of nuclear weapons. In the case of persons with existing contractual agreements for any of the aforementioned activities, this prohibition shall take effect three years after the effective date of this local law.
(2) 
The Town Board may determine if any businesses are affected by this local law and may cause to be prepared a conversion plan to other uses of resources and physical plants affected by this local law.

§ 187-4 Nuclear-free zone signs.

The town shall post and maintain appropriate signs at recognized entrances to the town and in Town Hall, proclaiming the Town of East Hampton as a nuclear-free zone.

§ 187-5 Nuclear-free purchasing.

A. 
All town departments, commissions, officers and employees who purchase or lease goods and services for the Town of East Hampton shall make good-faith efforts not to contract for, purchase or lease goods or services produced, sold, distributed or supplied by manufactures of nuclear weapons or components, commercial nuclear power reactors, or goods containing recycled radioactive materials.
B. 
In order to effectively guide the town departments in the implementation of this policy, the Town Board shall cause to be published a list of nuclear weapons producers and nuclear power reactor manufacturers.

§ 187-6 Disposal of radioactive materials.

A. 
Exclusions. Nothing in this local law shall be construed to prohibit:
(1) 
Any activity not specifically described in this local law.
(2) 
The use, storage or treatment and disposal of radioactive materials used in basic academic research, medical research or the diagnosis and treatment of patients.
(3) 
The lawful consumer uses of radioactive material for smoke detectors, light-emitting watches or clocks, industrial radiography and tracer processes and other similar incidental applications.
(4) 
Direct activities of the federal government or its employees.
B. 
Prohibition on disposal of radioactive materials. Except as specifically exempted in this article, no person shall incinerate or dispose of radioactive materials, for any purpose, within the Town of East Hampton or within any waste disposal facility owned or permitted by the town.

§ 187-7 Transportation of radioactive materials.

A. 
Exclusions. Nothing in this local law shall be construed to prohibit:
(1) 
Any activity not specifically described in this local law.
(2) 
The lawful transportation of radioactive materials used in basic academic research, medical research or the diagnosis and treatment of patients.
(3) 
The lawful consumer uses of radioactive materials for smoke detectors, light-emitting watches or clocks, industrial radiography and tracer processes and other similar applications.
(4) 
Direct activities of the federal government or its employees.
B. 
Restrictions on transportation of radioactive materials.
(1) 
Within one year of the effective date of this local law, the Emergency Preparedness Coordinator shall prepare a report for the town covering an emergency response plan and assessment of capabilities for accidents involving radioactive transport.
(2) 
The Emergency Preparedness Coordinator shall request that state officials notify the Town of East Hampton of the transportation of radioactive materials, based upon the requirements of federal law 10 C.F.R. 171.97(c)3 which requires shippers to notify the state governor or his designees no less than 96 hours prior to such shipments, and shall seek a formal agreement with the State of New York to implement this paragraph.
(3) 
There shall be no transportation of radioactive materials or waste through the Town of East Hampton except as provide herein.

§ 187-8 Nuclear power stations.

A. 
The Town of East Hampton hereby opposes the operation of any commercial nuclear power station within 50 miles of the boundary of the town/village unless an evacuation plan has been instituted for the town/village by the appropriate federal and state authorities and has been approved by the Town/Village Board.
B. 
The town hereby prohibits the construction of any commercial nuclear power station or associated facility within the town.

§ 187-9 Enforcement; penalties for offenses.

A. 
Each violation of this chapter shall be punishable by a fine of $1,000. Each day of violation shall be deemed a separate violation.
B. 
Not withstanding any other provision of law, any taxpayer domiciled within the town, any person aggrieved by a violation of this chapter, or the Town Board is authorized to institute an action in a court of competent jurisdiction seeking declaratory, injunctive or other appropriate judicial relief for the purposes of enforcing this chapter and enjoining or restraining any violations of this chapter.