Village of Sag Harbor, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 1-4-2000 by L.L. No. 1-2000 (Ch. 34A of the 1968 Compilation). Amendments noted where applicable.]
The Village Board hereby declares the Village of Sag Harbor to be a nuclear-free community. As a result of numerous public meetings held on eastern Long Island, the Village Board finds that the residents of the Village 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 did absorb large electric rates so that Shoreham Nuclear Power Plant would be shut down, thus demonstrating further opposition to nuclear activities. Finally, local opposition to the operation of the high flux beam reactor (HFBR) at the Brookhaven National Laboratory resulted in a decision by the federal government not to restart this nuclear reactor. Because of this consensus of opposition to nuclear power facilities, the Village seeks to adopt a law that declares the Village to be a nuclear-free community.
For the purposes of this chapter, the following definitions shall apply:
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 use 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. Nuclear weapon includes the weapon's guidance and propulsion system and triggering mechanism, i.e., the 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.
VILLAGE BOARD
The Village Board of the Village of Sag Harbor.
A. 
Exclusions. Nothing in this chapter shall be construed to prohibit:
(1) 
Any activity not specifically described in this chapter.
(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 work.
(1) 
No person shall knowingly, within the Village of Sag Harbor, design, 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 chapter.
(2) 
The Village Board may determine if any businesses are affected by this chapter and may cause to be prepared by a conversion plan to other uses of resources and physical plants affected by this chapter.
The Village shall post and maintain appropriate signs at recognized entrances to the Village and in Village Hall, proclaiming the Village of Sag Harbor as a nuclear-free community.
A. 
All Village departments, commissions, officers and employees who purchase or lease goods and services for the Village of Sag Harbor shall make good-faith efforts not to contract for, purchase or lease goods or services produced, sold, distributed or supplied by manufacturers of nuclear weapons or components, commercial nuclear power reactors or goods containing recycled radioactive materials.
B. 
In order to effectively guide the Village departments in the implementation of this policy, the Village Board shall cause to be published a list of nuclear weapons producers and nuclear power reactor manufacturers.
A. 
Exclusions. Nothing in this chapter shall be construed to prohibit:
(1) 
Any activity not specifically described in this chapter.
(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 section, no person shall incinerate or dispose of radioactive materials, for any purpose, within the Village of Sag Harbor or within any waste disposal facility owned or permitted by the Village.
A. 
Exclusions. Nothing in this chapter shall be construed to prohibit:
(1) 
Any activity not specifically described in this chapter.
(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 chapter, the Emergency Preparedness Coordinator shall prepare a report for the Village 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 Village of Sag Harbor of the transportation of radioactive materials, based upon the requirements of Federal Law 10 CFR 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 subsection.
(3) 
There shall be no transportation of radioactive materials or waste through the Village of Sag Harbor except as provided herein.
A. 
The Village of Sag Harbor hereby opposes the operation of any commercial nuclear power station within 50 miles of the boundary of the Village unless an evacuation plan has been instituted for the Village by the appropriate federal and state authorities and has been approved by the Village Board.
B. 
The Village hereby prohibits the construction of any commercial nuclear power station or associated facility within the Village.
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 Village, any person aggrieved by a violation of this chapter or the Village 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.