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06 January 2008

... from my cold dead hands ...

If you are at least 18 years old,
have proof of U.S. citizenship,
and valid Permit 44-IRD-08, click.

The world will little note nor long remember the moment this particular American citizen's freedom disappeared, but an American guy or an American gal used to be able to have as many Geiger counters and ionizing radiation detectors as he/she wanted and it was none of any government's fucking business.

You could buy these gizmos, sell these gizmos, and wander hither and yon using your gizmos to see What's Cool, What's Warm and What's Hot in the neighborhood, while the Great Unwashed who had neither radiation detectors nor curiosity about the levels of ionizing radiation with which they and their pets and children were being bombarded just had to take the Government's word for it that Everything's Within Safe and Normal Limits in South Elmville today.

Party Over, starting with this bill from Mayor Michael Bloomberg of New York City.

Why do you want a machine that tells you how much ionizing radiation there is in your neighborhood? What would you do with that information? Why are you so interested in ionizing radiation?

"There ought to be
limits to freedom."


-- George W. Bush Jr.


===========================

Int. No. 650

By Council Members Vallone Jr., Addabbo Jr., Comrie, Fidler, Gentile, Gonzalez, James, Nelson, Recchia Jr., Stewart, Weprin and White Jr. (by request of the Mayor)

..Title

A Local Law to amend the administrative code of the city of New York, in relation to permits for atmospheric biological, chemical and radiological detectors.

..Body

Be it enacted by the Council as follows:

Section 1. Legislative findings. The City of New York recognizes the need to protect the citizens of New York City from possible terrorist attacks involving chemical, biological, radiological, or nuclear devices or weapons. As part of this effort, the City understands the importance of deploying certain instruments designed to detect the presence of certain chemicals, biological agents, and radiation in the environment. While the proliferation of these capabilities may represent a positive development in ensuring public safety, any such instruments should be deployed and operated only with the knowledge of appropriate City agencies. Moreover, the City of New York has an interest in ensuring that any such instrument is reliable and effective so that it will not lead to excessive false alarms and unwarranted anxiety that a large-scale public emergency may be occurring. Therefore, the Council finds that the possession and deployment of atmospheric detectors should be regulated by the issuance of permits, and that alarms should be immediately reported according to prescribed procedures.

§2. Title ten of the administrative code of the city of New York is amended by adding a new chapter eight to read as follows:

CHAPTER EIGHT
PERMITS FOR ATMOSPHERIC BIOLOGICAL, CHEMICAL AND RADIOLOGICAL DETECTORS

§10-801 Definitions. For the purposes of this chapter, the following terms shall have the following meanings.

a. The term “biological agent” shall mean any micro-organism, including bacteria, virus, infectious substance or toxin, whether engineered or naturally-occurring, or any component of such micro-organism, bacteria, virus, infectious substance or toxin, capable of causing death, disease or other biological malfunction in a living organism, deterioration of food, water, or other material of any kind, or deleterious alteration of the environment.

b. The term “biological detector” shall mean an instrument used for the purpose of monitoring the release or presence of one or more biological agents, including an instrument which samples the atmosphere for such purpose.

c. The term “chemical agent” shall mean a chemical which through its chemical action on life processes can cause death, serious physical injury or permanent harm to humans or animals and shall include but not be limited to toxic industrial chemicals and chemical warfare agents as identified by the commissioner.

d. The term “chemical detector” shall mean an instrument used for the purpose of monitoring the release or presence of one or more chemical agents, including an instrument which samples the atmosphere for such purpose.

e. The term “commissioner” shall mean the police commissioner of the city of New York or his or her designee.

f. The term “permit” shall mean the permit for possession and deployment of atmospheric biological, chemical and radiological detectors issued by the commissioner.

g. The term “radioactive substance” shall mean a substance that emits ionizing radiation including alpha, beta, gamma and/or neutron radiation.

h. The term “radiological detector” shall mean an instrument used for the purpose of monitoring the release or presence of radiation or a radiological substance.

§10-802 Permits for possession and deployment of atmospheric biological, chemical and radiological detectors. It shall be unlawful for any person to possess and/or deploy an atmospheric biological, chemical or radiological detector in New York City unless such person holds a valid permit therefor, provided that the commissioner may exclude by rule any atmospheric biological, chemical and radiological detector which shall not require such permit. This section shall not apply to atmospheric biological, chemical and radiological detectors possessed and/or deployed by the department of health and mental hygiene or the fire department of the city of New York.

§10-803 Applications. Application for a permit to possess and deploy atmospheric biological, chemical and radiological detectors, or for renewal of such permit, shall be made to the commissioner upon such form as the commissioner shall prescribe and shall contain such information as the commissioner shall require, including but not limited to a detailed description of the atmospheric biological, chemical and/or radiological detector to be possessed and/or deployed, the manner in which it will be installed and maintained, the means by which it will transmit an alarm, and the emergency action plan to be implemented in the event of an alarm.

Applicants shall affirm the truth of the contents of the application under penalty of perjury. There shall be no fee required for processing such application. The commissioner shall review the application and investigate the information contained therein, requesting and receiving from the applicant further information as necessary to his or her determination and consulting as appropriate with other affected City agencies, including but not limited to the department of health and mental hygiene, fire department and
department of environmental protection. Applicants may also be required to meet with the police department and other affected City agencies in order to coordinate potential emergency response to an alarm transmitted by an atmospheric biological, chemical or radiological detector. The commissioner shall by rule and in consultation with other affected City agencies, including but not limited to the department of health and mental hygiene and department of environmental protection, establish minimum technical standards which must be met by atmospheric biological, chemical and radiological detectors in order for permits to be issued for their possession and/or deployment. Upon approval of the application for a permit or for renewal thereof, the applicant will be issued a permit for the atmospheric biological, chemical or radiological detector to be possessed and/or deployed, upon such terms and conditions the commissioner may prescribe including emergency response protocols and the emergency action plan. If the application is disapproved, the commissioner shall so notify the applicant, including the reason(s) for the disapproval.

§10-804 Permit term. A permit issued pursuant to this chapter shall expire on the last day of the fifth December after the date of issue and may be renewed for five-year terms thereafter by submission of an application for renewal as described in section 10-803 of this title.

§10-805 Notifications.

a. Following issuance of the
permit, the holder shall notify the commissioner of any relevant or material change in the information contained in the application or of other relevant circumstances including but not limited to the acquisition of an atmospheric biological, chemical or radiological detector different from the detector for which the permit was issued.
Upon notification of such change, the commissioner may suspend, revoke or amend the permit and/or direct that the holder submit an application for a new permit.

b. Any person deploying an atmospheric biological, chemical or radiological detector shall immediately notify the police department if such detector indicates the presence of a biological agent, chemical agent, radiation or radioactive substance at thresholds prescribed by the commissioner in consultation with the department of health and mental hygiene and the department of environmental protection, notwithstanding whether the person holds a permit for such detector, by following such procedures as are prescribed by rule of the commissioner and/or are included as a term of the permit itself. Such person shall comply with the instructions of police department personnel and shall cooperate in any resulting investigation.

§10-806 Coordination. With respect to atmospheric biological, chemical and radiological detectors possessed or deployed within the city of New York by government agencies or public authorities, whether federal, regional, state, local or foreign, or as an element of programs or initiatives undertaken by such agencies or authorities, the commissioner shall be authorized to coordinate such activities and shall request and receive such information as is necessary to carry out this function.

§10-806 Rules. The commissioner is authorized to promulgate, amend and rescind such rules as he or she deems necessary to implement the provisions of this title.

§10-807 Penalties. Any person who violates section 10-802 or 10-805 of this title or any rule promulgated under this title shall be guilty of a misdemeanor. The commissioner is authorized to suspend or revoke a permit issued pursuant to this title upon such violation or for other good cause, including for a material false statement contained in an application for a permit or for a failure to adhere to the terms and conditions of a permit issued hereunder.

§3. This local law shall take effect ninety days after which it shall have become a law and shall apply to all atmospheric biological, chemical or radiological detectors possessed and/or deployed on the date this law takes effect notwithstanding when acquired, provided that the commissioner may take any actions necessary prior to such effective date for the implementation of this local law, including, but not limited to, promulgating rules and regulations.



=============

NYCto require permit for Geiger Counter??
http://webdocs.nyccouncil.info/textfiles/Int%200650-2007.htm?CFID=903560&CFTOKEN=65171522... Geo>K0FF
K0FF
Jan 4, 2008
9:33 pm
Re: NYCto require permit for Geiger Counter??
1. The term "atmospheric detector" is interesting, and doesn't seem to be adequately defined. 2. I can't believe such a law could survive an appeal. ... -- ...... Chris Smolinski
lastoneouttu...
Jan 4, 2008
10:01 pm
Re: NYCto require permit for Geiger Counter??
Most local regulations wouldn't survive an appeal. Have you ever read your local goverment's code? Mine is filled to the brim with regulations that have zero... Aaron Muderick
amuderick
Jan 4, 2008
10:39 pm
Re: NYCto require permit for Geiger Counter??
Coming from Bloomberg it doesn't surprise me at all. Forget appeals, he has access to much more taxpayer money than anyone appealing. His endless lawsuits... leopard_colony
Jan 5, 2008
2:50 pm
Re: NYCto require permit for Geiger Counter??
This bit is interesting. Any person deploying an atmospheric biological, chemical or radiological detector shall immediately notify the police department if... Luke Weston
aweishaupt2
Jan 5, 2008
3:00 pm
Re: NYCto require permit for Geiger Counter??
This is the kind of thing that is a good example of why to keep a low and clean profile with the hobby/interest. What do you think the city counsel would do if... joel pe
joelandcg
Jan 5, 2008
4:03 pm
Re: NYCto require permit for Geiger Counter??
This is poorly worded and defined. My reading of this would be it is directed to air sampling equipment as they repeatedly refer to "atmospheric" detectors,... D. Emer
kk7if
Jan 4, 2008
10:11 pm
Re: NYCto require permit for Geiger Counter??
... from my cold dead hands ... http://VleeptronZ.blogspot.com News, Global Warming, Mozart, Sports, Intergalactic Travel, sausages, VOLCANOS!!! opera,... Robert Merkin
jameskpolka
Jan 4, 2008
10:50 pm
Re: NYCto require permit for Geiger Counter??
Just like our recent local communist, unconstitutional aerial fireworks ban, which I obviously choose to ignore... ... -- Nick A "You know what I wish? I wish... Nick Andrews
nicothefabulous
Jan 4, 2008
11:01 pm
Re: NYCto require permit for Geiger Counter??
In a related but admittedly off-topic development, the new Labor government of Kevin Rudd in Australia has just announced its plan to censor and block the... Robert Merkin
jameskpolka
Jan 4, 2008
11:29 pm
Re: NYCto require permit for Geiger Counter??
They already took the guns...so I guess now anything goes. Dud KK7IF ... From: GeigerCounterEnthusiasts@yahoogroups.com ... D. Emer
kk7if
Jan 4, 2008
11:46 pm
Re: NYCto require permit for Geiger Counter??
I suspect the outcome will depend on how many Australian mommies want to turn over their children's protection to the government. Although such measures are... Don Jordan
dkjordan2001
Jan 5, 2008
12:08 am
Re: NYCto require permit for Geiger Counter??
Next step, mandatory background check and five day waiting period, geiger counters with check sources banned, also with interchangeable probes... A very sad...

12 comments:

James J. Olson said...

Um, someone could sue for restraint of trade.

James J. Olson said...

Actually, I think everyone should order one, just on principle.

http://seintl.com/products/monitor_4.html

James J. Olson said...

or even better, if you like a more traditional look...

this one even has an old Civil Defence sticker on it.

http://cgi.ebay.com/1-Geiger-Counter-CDV-715-Radiation-Survey-Meter-NEW_W0QQitemZ230209033803QQihZ013QQcategoryZ53154QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

James J. Olson said...

or this one...

http://cgi.ebay.com/Model-107B-Professional-Geiger-Counter-1950s-Era_W0QQitemZ250202455335QQihZ015QQcategoryZ53154QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

Vleeptron Dude said...

Somebody at City Hall noticed there was a citizen freedom and right lying around which the government hadn't hosed up yet. They couldn't stop themselves. Grrrr this really pisses me off. If it flies in New York City, it'll become a model for "We're Protecting You" in every city and state.

Information is power. Bloomberg wants the city and police to have the monopoly on information about radiation. Bloomberg wants to take power away from citizens and transfer it to government and police.

James J. Olson said...

The next thing they will ban is police-band radio monitors. My father still listens to his every day. I honestly think that the City of New York is going to have a hard time making this one stick if someone sues.

Anonymous said...

If this weren't just a blatant power grab, and if the city really was interested in the prevention of false alarms, they could offer free permits according to their specified conditions. Then, they could say they will only respond to reports made by persons duly permitted to make alarm notices. This way all citizens would be free to own data-gathering instruments to satisfy their personal needs and the city would only respond to reports from citizens with permits.

Easy solution. If that's the real goal.

Vleeptron Dude said...

Well, yeah, logical, reasonable, rational ... but I think it *was* "just a blatant power grab," a restructuring of the relationship between citizens and their rights, and the police and city government. So City Hall wouldn't be interested in your eminently sensible compromise.

I'm a few days late to update this story, but it has a happy ending, or a happy middle. The bill has received a very chilly and hostile reception, and the city council had to postpone a vote on it. Much of the opposition involves memories of the US Environmental Protection Agency's telling citizens that the air quality after 9-11 was safe -- when subsequently it was ascertained that it definitely wasn't safe. New Yorkers and many of their elected political leaders now very much do not want to be in a position of having to take their own government's word for such things.

You can read all about it at the website of the "Gotham Gazette."

Okay Anonymous, Vleeptron hates Anonymous Driveby Comments, so who the heck are you and why are you interested in this issue and how did you find VleeptronZ and what's your favorite color and do you have a Geiger counter?

Anonymous said...

Sorry about the anonymous thing. I don't have an ID that fits and didn't feel like signing up for one.

My name is Oliver McMahon. I live in NH and have a Geiger counter. After 911 I don't trust the government to tell me what's safe either.

Of course it was a power grab. Why now? What's the hurry for this?

Vleeptron Dude said...

Hiya Oliver! & Hi neighbor! I'm just down the road in western Massachusetts.

Oh well Vleeptron is very informal, I don't need your Social Security number or your apartment number. From time to time Vleeptron wanders into political (usually) controversies, and I don't mind the nasty brawling, but I sorta like to have a sense of whom I'm brawling with. Sometimes there's evidence Vleeptron has been visited by Hired Trolls -- on the Net Neutrality thing, for example, and then there were several Masked Drivebys from Thailand who felt I was being disrespectful to their beloved King.

I got a Geiger Counter:

http://vleeptronz.blogspot.com/2006/09/el-mercado-de-bateras-extintas-en.html

... the ancient gizmo treasure of a gizmo-lovin' life. It took 47 years since I bought it from an itty-bitty ad in the back of Popular Mechanics or Science Digest or whatever, but finally the Authorities got around to taking notice of my gizmo and wanting to put me in their Database.

9-11 is just a lame excuse. I think we're just encountering an ancient instinct of all governments and all bureaucracies at all times, their obsession with control, authority and information. To people with brains like this, it makes perfect sense that they should have a legal monopoly on perceiving all invisible things. Ordinary citizens, by definition, are irresponsible and potentially dangerous people.

And they're perfectly right. Look at the trouble ordinary citizens cooked up in 1776.

I think this episode is very telling about the way Bloomberg thinks about the relationship between Government and Citizens, and it's good that he showed his true colors now as mayor ... he's dicking around with a run for the White House. And for him, $ is no problem. And in this whack campaign, who knows which rich or screwy horse might win?

Live Free Or Die! (That's certainly as stirring a motto as what Charlton Heston said in front of the NRA.)

Anonymous said...

If one broadens his panorama it all makes sense. The Twin Towers had mini-nukes at their bases. The radioactive dust is scattered all over lower Manhattan, perhaps further. The perps have been using THEIR geiger counters and have been alarmed by the persistence of this radioactive dust in myriad building crooks and crannies. The perps don't want the average New Yorker to be nosing around with HIS geiger counter.

Vleeptron Dude said...

Mon Dieu, Henri, you REALLY ought to join the Geiger Counter Enthusiasts Yahoo list! Soulmates, bigtime!