Bill Text: NY S06243 | 2011-2012 | General Assembly | Amended
Bill Title: Prohibits the construction, development or siting of hazardous wildlife attractants near airports.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-04-04 - PRINT NUMBER 6243A [S06243 Detail]
Download: New_York-2011-S06243-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6243--A I N S E N A T E January 17, 2012 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law, in relation to limiting the presence of hazardous wildlife attractants near certain airports located in cities having a population of one million or more persons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 355 of the general municipal law, as amended by 2 chapter 840 of the laws of 1977, is amended to read as follows: 3 S 355. Acquisition of rights and property surrounding airports. 1. Any 4 county, city, village or town which has established and is operating, or 5 will hereafter establish and operate, an airport, landing field or seap- 6 lane harbor, is hereby authorized to condemn, or acquire by purchase or 7 gift, the right to abate or remove any flight hazard including any 8 structure, building, tower, pole, wire, tree or other thing, or portion 9 thereof, located within the flight hazard area being the approach and 10 turning zones which lie within three thousand feet of such airport, 11 landing field or seaplane harbor or within such greater distance as the 12 Federal Civil Aeronautics Administration or its successor may declare to 13 be necessary with respect to any particular airport, landing field or 14 seaplane harbor for the approach and turning zones appurtenant thereto, 15 and which the governing body of such county, city, village or town shall 16 determine to constitute a menace to the safety of aircraft using such 17 airport, landing field or seaplane harbor, or to the safety of persons 18 and property within the flight hazard area above defined, including the 19 right of ingress to and egress from the place upon which such structure, 20 building, tower, pole, wire, tree or other thing exists, for the purpose 21 of such abatement or removal. Any such county, city, village or town is 22 further authorized to condemn or acquire by purchase or gift, the right 23 to unobstructed use of such portion of the air space within three thou- 24 sand feet of such airport, landing field or seaplane harbor or within 25 such greater distance as may be certified to be necessary in the manner EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05537-03-2 S. 6243--A 2 1 heretofore provided in this section so that nothing will interfere with 2 the ascent or the descent of any aircraft at a gliding angle of one foot 3 in height to every thirty feet of horizontal distance from the nearest 4 point of such airport, landing field or seaplane harbor or at such other 5 angles as may be declared by the Federal Civil Aeronautics Adminis- 6 tration, or its successor, as necessary for the approach and turning 7 zones with respect to any particular airport, landing field or seaplane 8 harbor. Any such county, city, village or town is further authorized to 9 condemn, or acquire by purchase or gift, for a term of years or perpetu- 10 ally, the right to place and maintain, obstruction markers and/or lights 11 upon any structure, building, tower, pole, wire, tree, or other thing 12 located within three thousand feet of such airport, landing field or 13 seaplane harbor or within such greater distance as may be certified to 14 be necessary in the manner heretofore provided in this section, which 15 the governing body of such county, city, village or town shall determine 16 to constitute a menace to aerial navigation to or from said airport, 17 landing field or seaplane harbor, including the right to lay and main- 18 tain conduits and wires to such obstruction markers and/or lights. Any 19 such property or property right in any structure, land, building, tower, 20 pole, wire, tree or other thing or portion thereof shall be acquired by 21 purchase, if the county, city, village or town is able to agree with the 22 owners on the terms thereof, and otherwise any such property or property 23 right in any structure, land, building, tower, pole, wire, tree or other 24 thing or portion thereof may be taken by acquisition, in the manner 25 provided by and subject to the provisions of the eminent domain proce- 26 dure law. 27 2. ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS OR ANY 28 PUBLIC AUTHORITY OPERATING IN SUCH CITY, SUBJECT TO THE PROVISIONS OF 29 THIS SUBDIVISION WHICH HAS ESTABLISHED AND IS OPERATING, OR WILL HERE- 30 AFTER ESTABLISH AND OPERATE, AN AIRPORT, LANDING FIELD OR SEAPLANE 31 HARBOR, SHALL, PROHIBIT THE CONSTRUCTION, DEVELOPMENT OR SITING OF 32 HAZARDOUS WILDLIFE ATTRACTANTS AT OR NEAR SUCH AIRPORT, LANDING FIELD OR 33 SEAPLANE HARBOR. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "HAZARDOUS 34 WILDLIFE ATTRACTANTS" SHALL MEAN COMMERCIAL DISPOSAL OPERATIONS, WASTE 35 TRANSFER STATIONS, WASTEWATER TREATMENT PLANTS AND COMMERCIAL AGRICUL- 36 TURE AND COMMERCIAL AQUACULTURE ACTIVITIES. ADDITIONALLY, ANY CITY 37 HAVING A POPULATION OF ONE MILLION OR MORE PERSONS OR ANY PUBLIC AUTHOR- 38 ITY OPERATING IN SUCH CITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND 39 REGULATIONS GOVERNING THE PROHIBITION OF HAZARDOUS WILDLIFE ATTRACTANTS 40 SO LONG AS THEY ARE CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION. 41 THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO ANY MUNICIPALITY WITH 42 A POPULATION OF ONE MILLION OR MORE, OR TO A PUBLIC AUTHORITY WHICH 43 ESTABLISHES AND OPERATES AN AIRPORT, LANDING FIELD OR SEAPLANE HARBOR 44 WITHIN SUCH MUNICIPALITY. 45 S 2. This act shall take effect on the one hundred eightieth day after 46 it shall have become a law.