[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.]
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."
As used in this local law, the following terms shall have the
meanings indicated:
Any device, radioactive or nonradioactive, specifically designed
to be installed in and to contribute to the operation of a nuclear
weapon.
The actions of the federal government or any agency thereof
created by statute, but does not include actions of independent contractors.
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.
A natural person as well as a corporation, institution or
other entity, but does not include the federal government or any agency
thereof.
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.
The Town Board of the Town of East Hampton.
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.
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.
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.
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.
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.
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.
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.
