[HISTORY: Adopted by the Common Council of the City of Ithaca as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-5-1980 by Ord. No. 80-2 (Ch. 65, Art. VI, of the 1975 Municipal Code)]
The purpose of this article is to prohibit transportation of high-level radioactive materials into or through and/or storage of said materials within the City of Ithaca in order to protect the safety of the public.
No high-level radioactive materials shall be transported into or through or stored within the City of Ithaca.
As used in this article, the following terms shall have the meanings indicated:
- A. Plutonium isotopes in any quantity and form exceeding two grams or 20 curies, whichever is less.
- B. Uranium enriched in the isotope U-235 exceeding 25% atomic of the total uranium content in quantities where the U-235 content exceeds one kilogram.
- C. Any quantity or mixture of actinides (elements with atomic numbers 89 through 103, inclusive), the activity of which exceeds 20 curies.
- D. Spent reactor fuel elements or mixed fission products associated with such spent fuel elements, the activity of which exceeds 20 curies.
- E. Large-quantity radioactive materials, as defined by the Nuclear Regulatory Commission in 10 CFR 71, entitled "Packaging of Radioactive Materials for Transport."
- Any matter or material to be discarded, whether solid, liquid or gas, constituting the by-product or refuse of a process.
High-level radioactive materials (not including high-level radioactive waste materials) transported by or for the United States government for military or national defense purposes are exempted from this article, and nothing herein shall be construed as requiring the disclosure of any defense information or restricted data as defined in the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974, as amended.
High-level radioactive materials transported to or from or stored at and to be used by any medical facilities are exempted from this article. Valid operating certificates issued by the New York State Department of Health and the New York State Bureau of Radiological Health must be held by the medical facilities to qualify for this exemption. The Mayor and the Chief of Police of the City of Ithaca shall be notified two weeks prior to the date of shipment stating the route, the date and method of shipment, the time of passage, the destination and the type and quantity of high-level radioactive materials to be transported.
High-level radioactive materials transported to or from or stored at and to be used for educational research purposes at an accredited institution which is licensed by the New York State Bureau of Radiological Health or, in the case of interstate shipments, licensed by the equivalent government agency in the jurisdiction in which the institution using the radioactive material is located are exempted from this article. This exemption also applies to any educational institution licensed by the United States Nuclear Regulatory Commission. The Mayor and Chief of Police of the City of Ithaca shall be notified two weeks prior to the date of shipment, stating the route, the date and the method of shipment, the time of passage, the destination and the type and quantity of high-level radioactive materials to be transported.
When any vehicle is placarded "radioactive" by word or symbol, such placarding shall constitute a presumption that such vehicle or container may contain or may be carrying high-level radioactive material as defined in § 201-3.
The violation of this article shall constitute an unclassified misdemeanor, punishable by a fine of not more than $10,000 and/or imprisonment for one year or less. Both the operator and the owner of any vehicle used in violation of this article are guilty of violation of this article.