[HISTORY: Adopted by the Common Council of the City of Oneonta
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-2011 by Ord. No. 4-2011]
A.Â
The Common Council of the City of Oneonta finds that the commercial
extraction of natural gas in the urban environment of the City of
Oneonta poses a significant threat to the health, safety, and welfare
of residents and neighborhoods within the City. Moreover, widespread
environmental and human health impacts have resulted from commercial
gas extraction in other areas. Regulating the activity of commercial
gas extraction automatically means allowing commercial gas extraction
to occur within the City, thus allowing the deposition of toxins into
the air, soil, water, environment, and the bodies of residents within
our City.
B.Â
Meaningful regulatory limitations and prohibitions concerning Marcellus
Shale natural gas extraction, along with zoning and land use provisions,
are barred because they conflict with certain legal powers claimed
by resource extraction corporations. The Common Council recognizes
that environmental and economic sustainability cannot be achieved
if the rights of municipal majorities are routinely overridden by
corporate minorities claiming certain legal powers.
C.Â
The Common Council believes that the protection of residents, neighborhoods,
and the natural environment constitutes the highest and best use of
the police powers of this municipality.
D.Â
The Common Council also believes that local legislation that embodies
the interests of the community is mandated by the doctrine of the
consent of the governed, and the right to local, community self-government.
Thus, the Common Council hereby adopts this article, which bans commercial
extraction of Marcellus Shale natural gas within the City of Oneonta.
As used in this article, the following terms shall have the
meanings indicated:
For purposes of this article, shall include any corporation,
limited partnership, limited-liability partnership, business trust,
or limited-liability company organized under the laws of any state
of the United States or under the laws of any country, and any other
business entity that possesses state-conferred limited-liability attributes
for its owners, directors, officers, and/or managers.
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas or other hydrocarbons.
The process of pumping a fluid into a well at very high pressure
to create cracks in the reservoir rock; sand or other material may
be used to prop open the gaps created by fracking.
Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarified state at standard temperature or pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or natural gas.
A.Â
Right to water. All residents, natural communities and ecosystems
in the City of Oneonta possess a fundamental and inalienable right
to sustainable access to and use of, and to consume and preserve water
drawn from, natural water sources that provide water necessary to
sustain life within the City.
B.Â
Rights of natural communities. Natural communities and ecosystems,
including, but not limited to, wetlands, streams, rivers, aquifers,
and other water systems, possess the fundamental right to exist and
flourish within the City of Oneonta. Residents of the City shall possess
legal standing to enforce those rights on behalf of those natural
communities and ecosystems.
C.Â
Right to self-government. All residents of the City of Oneonta possess
the fundamental right to a form of governance which recognizes that
all power is inherent in the people and that all free governments
are founded on the people's authority and consent.
A.Â
It shall be unlawful for any person or corporation to engage in the
extraction of natural gas within the City of Oneonta, with the exception
of gas wells installed and operating at the time of enactment of this
article.
B.Â
In addition, Oneonta's watershed should be protected in the
same manner to that which has been accorded to the watersheds of New
York City and Syracuse, which require a full SEQR review for each
and every gas well proposed to be drilled in the watershed.
A.Â
Any person, corporation, or other entity that violates any prohibition
of this article shall be guilty of a violation and shall be sentenced
to pay the maximum fine allowable under this article. A separate offense
shall arise for each day or portion thereof in which a violation occurs
and for each section of this article found to be violated.
B.Â
The City of Oneonta may enforce this article through an action in
Oneonta City Court, New York State Supreme Court, or in any other
court having jurisdiction thereof. In such an action, the City of
Oneonta shall be entitled to recover all costs of litigation, including,
without limitation, expert and reasonable attorney's fees.
C.Â
Any City resident shall have the authority to enforce this article
through an action in the New York State Supreme Court, or in any other
court having jurisdiction thereof. In such an action, the resident
shall be entitled to recover all costs of litigation, including, without
limitation, expert and attorney's fees.
A.Â
The provisions of this article are severable. If any court of competent
jurisdiction decides that any section, clause, sentence, part, or
provision of this article is illegal, invalid, or unconstitutional,
such decision shall not affect, impair, or invalidate any of the remaining
sections, clauses, sentences, parts, or provisions of this article.
B.Â
All inconsistent provisions of prior ordinances adopted by the City
of Oneonta are hereby repealed, but only to the extent necessary to
remedy the inconsistency.
