[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park by Ord. No. 1067 (§ 2-30 of the 1987 Code).
Amendments noted where applicable.]
This chapter shall be known as the "Nuclear-Free
Zone Regulations."
The development, production, storage, deployment,
usage and transportation of radioactive materials in and through the
Borough is regulated as hereinafter provided.
A.
No nuclear weapons, delivery systems for such weapons,
or components expressly intended to contribute to the operation, guidance
or delivery of a nuclear weapon shall be produced or stored within
the Borough.
B.
No waste from the production of nuclear weapons, their
components, or commercial nuclear power shall be stored within the
Borough.
C.
No research furthering nuclear weapons development
shall be conducted within the Borough, subject to rights guaranteed
under the Fifth Amendment of the United States Constitution.
D.
The Mayor and Council shall request the United States
Department of Transportation and the New Jersey Department of Transportation
to provide the Borough with advance notification of any radioactive
waste shipment through the Borough boundaries. Upon such notification,
the Mayor and Council shall act to prevent the transportation of radioactive
waste through the Borough by seeking an exemption from preemption
by the Department of Transportation regulations using other legal
means at their disposal.
The prohibitions contained in this chapter shall
not apply to naturally occurring materials containing low, normal,
background levels of radiation. This chapter shall not apply to consumer
products in general use such as detectors and time pieces. Nor shall
it apply to medical and/or pharmaceutical testing research, application
and/or development. Nor shall it apply to X-rays, chemicals and physical
analyses of any type. This chapter shall not apply to movement for
burial elsewhere of small articles made radioactive by contact, such
as protective clothing and tools used to handle the radioactive materials
which have been exempted under this chapter. Nothing in this chapter
shall be construed to prohibit or regulate in any manner the use of
fissionable materials, applications for which the principal purposes
are unrelated to the development or fabrication of nuclear weapons.
The Borough Administrator is hereby authorized
to take appropriate action to enforce the prohibitions contained herein.
Action may include, but is not limited to, civil action seeking injunctive
relief in any court of competent jurisdiction. In the event the Borough
Administrator 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 chapter is not intended
to preclude other actions, either administrative or legal in nature
which may be brought by any person, corporation or resident of the
Borough, attempting to enforce the provisions contained in this chapter.
Remedies herein are deemed to be cumulative to any such rights claimed
in common law or under statutory or constitutional authority.
Certified copies of this chapter, following
final adoption, shall be sent to Thomas Kean, Governor of the State
of New Jersey; John Lynch, State Senator; Davis Schwartz and Robert
Smith, Assemblymen: Bill Bradley and Frank Lautenberg, United States
Senators; Bernard Dwyer, Congressman, John P. Sheridan, Commissioner,
New Jersey Department of Transportation; Elizabeth Dole, United States
Secretary of Transportation.
