[HISTORY: Adopted by the Board of Supervisors of the Township of Birmingham 7-20-1987 by Ord. No. 87-02. Amendments noted where applicable.]
The Board of Supervisors of Birmingham Township finds that the presence of activities directly related to nuclear weapons would be in direct conflict with the maintenance of the Township's health, safety and general welfare in that:
A. 
The presence of nuclear weapons and the means of producing and deploying them would harm the stability of the Township and interfere with its ability to plan for orderly development, wise land use and efficient delivery of services.
B. 
The use of nuclear weapons has been declared to be illegal by treaty duly ratified by the United States and by the Nuremburg Principles which hold individuals accountable for planning, preparation and perpetration of crimes against peace and crimes against humanity.
C. 
The psychological health of the people of Birmingham Township would be threatened by the presence of nuclear weapons and the means of making them in the Township, since such weapons can cause death and destruction unparalleled in human history and render the community a target for terrorism and hostile military action.
The purpose of this chapter is to establish Birmingham Township as an area entirely free from nuclear weapons.
As used in this chapter, the following terms shall have the meanings indicated:
NUCLEAR WEAPON
Any device intended to be used as a weapon, weapon prototype or test device, the detonation of which results from energy released by atomic fission or fusion reactions, or a combination thereof.
No activity which has the purpose of the development, production, deployment, launching, maintenance, storage or transport of nuclear weapons, components of nuclear weapons or waste products stemming from the manufacture of nuclear weapons shall be conducted within the boundaries of Birmingham Township, except that nothing in this chapter shall be construed as prohibiting:
A. 
Basic research.
B. 
Research into and application of nuclear medicine.
C. 
Uses of radioactive materials for consumer products.
D. 
Nuclear power generation.
[Amended 6-5-1995 by Ord. No. 95-01; 7-1-1996 by Ord. No. 96-08]
Any person, firm, corporation, company or other entity who or which shall violate any of the provisions of this chapter shall, upon being found liable thereof in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine for each such violation in an amount not more than $1,000, plus all court costs, including reasonable attorneys' fees, incurred by the Township. No judgment shall be imposed until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.