[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:
Plutonium isotopes in any quantity and form
exceeding two grams or 20 curies, whichever is less.
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.
Any quantity or mixture of actinides (elements
with atomic numbers 89 through 103, inclusive), the activity of which
exceeds 20 curies.
Spent reactor fuel elements or mixed fission
products associated with such spent fuel elements, the activity of
which exceeds 20 curies.
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.
A.
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.
B.
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 City Manager 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.
[Amended 11-3-2021 by Ord. No. 2021-09]
C.
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 City Manager 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.
[Amended 11-3-2021 by Ord. No. 2021-09]
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.
