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.
