[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.
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.
A.
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.
B.
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:
A.
Any activity not specifically described in this chapter.
B.
Basic research whose primary purpose is not the development
or deployment of nuclear weapons.
C.
Research and application of nuclear medicine.
D.
Use of fissionable materials in smoke detectors, clock
and watch dials or other applications whose primary purpose is not related
to nuclear weapons.
E.
The power of Congress to provide for the common defense.
F.
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:
A.
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.
