[HISTORY: Derived from Chapter 73 of the 1975 Compilation, as amended through 1996. Subsequent amendments noted where applicable.]
Zoning — See Ch. 300.
As used in this chapter, the following terms shall have the meanings indicated:
- HAZARDOUS RADIOACTIVE MATERIAL
- 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.
- IRRADIATED, FOOD
- 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.
- NUCLEAR REACTOR
- Any device that has as its purpose the controlled release of energy from nonexplosive reactions involving the fission of atomic nuclei.
- NUCLEAR WEAPON
- Any device the intended explosion of which results from the energy released by fission and/or fusion reactions.
- NUCLEAR WEAPONS MANUFACTURER
- Any person knowingly engaged in nuclear weapons work, or his/her agent, subsidiary or parent organization.
- NUCLEAR WEAPONS WORK
- 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:
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.
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.
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).
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.
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:
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.
Copies of completed affidavits shall be retained on file for public access and copying.
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.
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.
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.
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.
Copies of completed affidavits shall be retained on file for public access and copying.
Completion of the affidavits specified in this subsection is required for the investment or deposit of any funds by the City of Oneonta.
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.
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.
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.
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. 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.
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.
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.
Each violation of this chapter shall be a misdemeanor, and each day shall be deemed a separate violation.
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:
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.
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.
Nothing in § 182-3 shall restrict the transporting of any materials necessary for, or resulting from, nuclear medicine.
Unless otherwise specified, the provisions of this chapter are effective immediately.
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.
No person shall, within the City of Oneonta, commence any such prohibited activities after the date of passage of this chapter.