[HISTORY: Adopted by the Township Council of the Township of Jefferson
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-3-1980 by Ord. No. 23-80
(Ch. 128 of the 1967 Code)]
The exploration for uranium and the mining, milling or possession thereof;
and the transport through or over the Township of Jefferson of a fissionable
material (source) or nuclear waste materials shall be prohibited within the
borders of the Township of Jefferson, Morris County, State of New Jersey.
For the purposes of this article, the following terms shall have the
meanings indicated:
Uranium or thorium or any combination thereof in any physical or
chemical form or ores which contain by weight 0.01% or more of uranium, thorium
or any combination thereof.
All materials resulting from or contaminated by nuclear fission.
Any person who violates this article shall be fined not more than $500
and/or imprisoned for not more than 90 days. In the case of exploration, mining
or milling, each day that the violation continues shall be considered a separate
offense. Each incident of violation as to transport shall be considered a
separate violation.
[Adopted 11-11-1986 by Ord. No. 18-86
(Ch. 63 of the 1967 Code)]
This article shall be known as the "Jefferson Township Nuclear-Free
Zone Ordinance."
The Township Council of the Township of Jefferson finds that contamination
by radioactive substances interferes with the farming and residential character
of the Township of Jefferson, and contamination by radioactive substances
will have an adverse effect on the residents, visitors, businesses, water
resources and wildlife in the Township of Jefferson.
The development, production, storage, deployment, usage, landfilling,
fabrication, destruction and transportation of radioactive materials in and
through the Township of Jefferson is hereby prohibited, except as hereinafter
provided.
The Township Attorney is authorized to take appropriate action to enforce
the prohibitions contained herein. Said action may include, but is not limited
to, a civil action seeking injunctive relief in any court of competent jurisdiction.
In the event that the Township Attorney fails or neglects to so act, any resident
(person or corporation) may, by appropriate civil action, enforce the prohibition
contained herein.
The adoption of this article is not intended to preclude other actions,
either administrative or legal in nature, attempting to enforce the prohibition
contained in this article. Remedies herein are deemed to be cumulative to
any such rights claimed in common law or under statutory or constitutional
authority.
The prohibitions contained in this article shall not apply to naturally
occurring materials containing low, normal or background levels of radiation.
This article shall not apply to consumer products in general use, such as
smoke detectors and time pieces; nor shall it apply to commonly accepted medical
uses, such as x-rays and pharmaceuticals.
[Added 9-1-2004 by Ord. No. 28-04;
amended 6-14-2006 by Ord. No. 16-06]
Any person who shall violate any provision of this article shall, upon
conviction thereof, be subject to a penalty of a maximum fine of $2,000, imprisonment
for not more than 90 days or a period of community service for not more than
90 days, or any combination thereof.
