[HISTORY: Adopted by the Council of the Borough of West Chester 9-28-1988 as Ord. No. 17-1988. Amendments noted where applicable.]
This chapter shall be known as the "Nuclear-Free West Chester Ordinance."
Whereas, nuclear weapons and nuclear material and their storage, manufacture and transportation represent a threat to the health, safety and welfare of the citizens of the borough, and whereas, the presence of industries related to nuclear weapons and material would not provide stable, constructive employment and has the potential or producing unrest, dissension and security problems within the borough, and whereas, nuclear materials have been proven to cause serious health problems, including but not limited to birth defects, cancer and mental health problems, therefore, this chapter establishes the Borough of West Chester as a nuclear-free zone.
For the purpose of this chapter, the following definitions shall apply:
- Any device or material, whether radioactive or not, designed to contribute to the manufacture, operation, launching, guidance or delivery of a nuclear weapon or produced under contract to be used for any or all of these purposes.
- NUCLEAR WEAPON
- Any device designed for the explosion to result from the energy released by reactions involving atomic nuclei, either by nuclear fission, nuclear fusion or both.
No person, corporation, laboratory or institution shall knowingly or intentionally manufacture, produce or store any nuclear weapon or any component or radioactive waste from any source or cause any of these to be manufactured, produced or stored within the corporate limits of the Borough of West Chester.
Any person, corporation, laboratory, institution or governmental agency wishing to transport any nuclear weapon, any radioactive component or any nuclear waste from any source within the Borough of West Chester shall apply within at least six (6) weeks in advance of the intended transportation to the Borough Council, which shall determine such restrictions, denials, notice and convoy protection as it deems useful for the public health, safety and welfare.
Nothing in this chapter shall be construed to prohibit or regulate the following:
Any activity not specifically described in this chapter.
Basic research whose primary purpose is not the development or deployment of nuclear weapons.
Research and application of nuclear medicine.
Use of fissionable materials in smoke detectors, clock and watch dials or other applications whose primary purpose is not related to nuclear weapons.
The power of Congress to provide for the common defense.
Direct activities of the federal government on property owned by it.
Each violation of this chapter shall be punishable by a fine of not more than three hundred dollars ($300.), imprisonment not to exceed thirty (30) days, or both. Each day on which a violation shall occur or continue to occur shall be deemed a separate and distinct offense.
The Borough Council shall take any further actions it deems useful, subject to all applicable laws, in order to make known and support the purpose of this chapter, including but not restricted to the following:
Cause appropriate signs to be erected on major roads leading into the borough, indicating to the public that the Borough of West Chester is a nuclear-free zone.