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:
COMPONENT
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.
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.