[ RadSafe ] NYC Proposal to Permit Radiation Detectors

Steven Dapra sjd at swcp.com
Mon Jan 7 20:34:16 CST 2008

Jan. 7

         New York City went over the edge a long time ago.

         To answer your question, the germane section of the proposed 
ordinance is 10-802.  The germane portion reads:

"10-802 Permits for possession or deployment of biological, chemical and 
radiological detectors.

"a. It shall be unlawful for any person to possess or deploy a biological, 
chemical or radiological detector in the city of New York unless such 
person holds a valid permit therefor, provided that the commissioner in his 
or her discretion may exclude by rule any class or type of biological, 
chemical or radiological detector that shall not require such permit 
because requiring a permit therefor would not further the purposes of this 

"b. This section shall not apply to biological, chemical and radiological 

"(1) possessed or deployed by the department of health and mental hygiene, 
the fire department, or any other city agency authorized by the 
commissioner to possess or deploy a biological, chemical or radiological 
detector without a permit; . . . . "

         Presumably what happened is that the author(s) of the proposed 
ordinance either forgot about (or didn't know about) the NY State Lab and 
the Federal agencies.  The proposed ordinance need only be re-written so 
that the section "shall not apply" to detectors 'possessed or deployed by 
any municipal, county, state, or federal government agency in the United 
States.'  Governments typically make themselves exempt from their own 
laws.  The author(s) of the proposed ordinance somehow managed to forget 
about all the other government agencies that might find it necessary to 
deploy detectors within the city limits of New York City.

         NYC could provide some comic relief by passing the ordinance as 
written, and then having NYPD arrest NY State Lab employees, and Federal 
employees who brought un-permitted detectors into NYC.  Or, NYC could 
require all other government agencies to obtain permits for the detectors 
they wish to bring into the city.  I doubt that the either of these will 
happen.  The other government agencies will, of course, receive blanket 
exemptions via a re-write of the proposed ordinance.

Steven Dapra

At 03:20 PM 1/7/08 -0500, Edmond Baratta wrote:
>It appears that the City of New york has gone over the 'edge'.  Many 
>Federal agencies use 'radiation detectors' in their inspections and 
>surveillance at the borders, ports and airports.  The NY State Lab has 
>portable radiaiton surveillance detectors.  Does this mean they can't take 
>them into the City? Is this going to be a means of eventually obtaining 
>more 'funds' when they decide to charge Fees?
>Ed Baratta

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