This chapter shall be known as "The Township of Montague Nuclear
Free Zone Ordinance."
The Township Committee of the Township of Montague finds that
contamination by radioactive substances interferes with the farming
and residential character of the Township of Montague and contamination
by radioactive substances will have an adverse effect on the residents,
visitors, businesses, water sources and wildlife in the Township of
Montague.
The development, production, storage, deployment, usage, landfilling,
fabrication, destruction, and transportation of radioactive materials
in and through the Township of Montague 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 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 chapter is not intended to preclude other
actions, either administrative or legal in nature, attempting to enforce
the prohibition 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.
The prohibitions contained in this chapter shall not apply to
naturally occurring materials containing low, normal or background
levels of radiation. This chapter 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.
This chapter shall not apply to movement for burial or storage elsewhere
of radioactive contaminated soil or other materials.