Village of Rouses Point, NY Notification of Accidents

In order to protect the citizens and residents of the Village of Rouses Point and their property, the governing body of the Village of Rouses Point does hereby enact this article and this local law to establish the procedure and method to notify and provide information to the authorities and to the governing body of the Village of Rouses Point of any accident, incident or disaster which is or could be detrimental to or imperil the health, safety, welfare or well-being of the citizens or residents of the Village and their property. Due to the past accidents or incidents which have occurred in or near the Village of Rouses Point which have involved flammable, toxic and/or dangerous substances or materials which possess the capability of seriously or catastrophically imperiling the health, safety and welfare and well-being of the residents and citizens of the Village and their property and which said accidents and incidents were never reported to the Village authorities or to the governing body by the people and entities involved until considerable time had elapsed and during which elapsed time said citizens and residents of the Village were in extreme danger of imminent injury and their property was in danger of damage and destruction and due to the reluctance of the people and entities involved in said accidents or incidents to provide the authorities and governing body of the Village of Rouses Point with certain information concerning said flammable, toxic or dangerous substance or material involved, it is the intent of this article and this local law to establish the aforesaid procedure and method for notification to and the providing of information to the authorities and governing body of the Village of Rouses Point and to establish penalties for failure to comply with the provisions of this article and this local law.

§ 85-2 Word usage; definitions.

Word usage. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:

AMMUNITION

All firearms, ammunition of any caliber or gauge and all explosive devices used for propelling any substance or material or which are themselves propelled when ignited or exploded, and shall include all ammunition and blasting agents, powders and pyrotechnics, whether of an industrial, military or personal manufacture, nature or type, and the primers used in connection therewith.

COMBUSTIBLE LIQUID

Any liquid or gas or material which has a flash point at or above 100º F. (37.8º C.).

COMMERCIAL PLACE

Any place wherein mercantile and commercial activities and services are offered to the public which concern the transportation of property or materials or persons or storage, and includes all parking areas thereat and all transportation and truck terminals, railroad terminals, stations, railways, marinas, warehouses and property upon which the public is allowed or upon which persons or property or materials are respectively transported or shipped or parked or berthed or stored for commercial reasons.

CORROSIVE LIQUID

Any liquid or substance that causes destruction of human skin tissue or which has a severe corrosion rate on metal.

DANGEROUS SUBSTANCE

Includes each substance identified and defined herein as ammunition, combustible liquid, corrosive liquid, explosive and blasting agent, flammable liquid, flammable solid, fumigant, pesticide and herbicide and fungicide, poisonous gas and radioactive material.

EXPLOSIVE and BLASTING AGENT

Any material or substance that is explosive or which contains any explosive or flammable compound or flammable liquid or combustible liquid or flammable solid or any device commonly sold as fireworks or explosives or explosive blasting agents which contain any nitrates, chlorates, oxalates, sulfides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorous or any compound or combination containing any of the same or other similar explosives or any substance or combination of substances or articles prepared for the purpose of producing an explosion or an audible or visible effect by combustion, explosion, deflagration or detonation.

FLAMMABLE LIQUID

Any liquid or gas or material which has a flash point below 100º F. (37.8º C.).

FLAMMABLE SOLID

Any solid material or substance which is liable to explode or cause fire through friction, absorption of moisture, absorption of air, spontaneous chemical changes or which can be ignited readily and, when ignited, explodes or burns so vigorously and persistently as to create a serious hazard.

FUMIGANT, PESTICIDE AND HERBICIDE AND FUNGICIDE AND INSECTICIDE

Any substance which, by itself or in combination with other substances, is used for the destruction or control of insects, fungi, vermin, rodents, vegetation or other pests, and shall include all insecticides, herbicides, defoliants, desiccants and pesticides as set forth and defined in § 33-0101 and in Article 33 of the Environmental Conservation Law of the State of New York, as same may be amended from time to time.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

POISONOUS GAS

Any gas or any substance that releases a gas of such a nature that a very small amount of said gas mixed with air is dangerous to human or animal life or vegetation.

PUBLIC PLACE

Any and all streets, sidewalks, highways, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds or buildings and any and all portions of the waters and waterways contiguous to or inside the boundaries of the Village of Rouses Point.

RADIOACTIVE MATERIAL

Any material or substance or combination of materials or substances that spontaneously emits ionizing radiation and having a specific activity greater than 0.002 microcurie per gram.

TOXIC SUBSTANCE

Any substance which is listed in the latest printed edition of the National Institute for Occupational Safety and Health Registry of Toxic Effects of Chemical Substances, as same may be amended from time to time, and any substance which has yielded positive evidence of acute or chronic health hazards in human, animal or other biological testing, and shall include any toxic substance defined in either § 4801 of the Public Health Law of the State of New York, as same may be amended from time to time, or any substance defined in § 875 of the Labor Law of the State of New York, as same may be amended from time to time.

VEHICLE

Every device in, upon or by which any person or property or material is or may be transported or drawn upon a highway or railroad or upon any land or upon any water, including devices used exclusively upon stationary rails or tracks and including devices which do not have any means of mechanical propulsion.

VILLAGE

The Village of Rouses Point in the County of Clinton, State of New York.

§ 85-3 Notification of accidents; information required; time limit.

Within one hour of learning of or being involved in any accident, derailment, fire, explosion or collision of any nature which involves any toxic substance or dangerous substance being transported, shipped or stored and which occurs upon the public places or commercial places within the boundaries of the Village of Rouses Point or which occurs upon the public places or commercial places in such close proximity to the boundaries of the Village of Rouses Point as to affect and endanger the residents and citizens of the Village or their property, any person who is the owner or driver or captain or master or chief engineer or authorized agent of the owner, driver, captain, master or chief engineer of the vehicle involved and any person who is the owner of the commercial place involved or manager in charge of the commercial place involved or authorized agent of the commercial place involved shall give notice to the Village police authorities and to the Village Clerk of the Village at the Village offices and, in the absence of the Village Clerk, to such authorized Village personnel, who shall then be at the Village offices on Lake Street in the Village, of such accident, derailment, fire, explosion or collision, and such notice shall include all details concerning said accident, derailment, fire, explosion or collision and shall include the nature and amount and identity of the toxic substance or dangerous substance involved, and any such person shall thereafter immediately and within 48 hours execute and file with and provide to the office of the Village Clerk such information as shall be required on the information forms provided by the Village concerning said accident, derailment, fire, explosion or collision, as the case may be.

Each and every said person as identified and set forth hereinabove shall also immediately provide to the Village Clerk and to the authorized agents of the Village Clerk and to any member of the Village Board of Trustees and to the Village police authorities and to the authorities of the Fire Department of the Village any such information concerning said accident, derailment, fire, explosion or collision as may be requested by same, including but not limited to the exact specific identity of the toxic substance or dangerous substance involved, the quantity of same and said person's proposed and undertaken method and procedure to contain, neutralize, clean up and dispose of said toxic substance or dangerous substance and the proposed and undertaken method or procedure that said person will employ to protect the residents and citizens of the Village and the property of said residents and citizens in the Village.

The word "immediately" hereinabove set forth shall mean within one hour of the request so made by said Village Clerk or authorized agent of the Village Clerk or member of the Board of Trustees or police authorities or Fire Department authorities, as the case may be.

§ 85-4 Penalties for offenses.

Any person committing a violation of any provision of this article and this local law shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York and shall be punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each 24 hours shall be deemed a distinct and separate violation.