[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:
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 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.
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 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.
