[HISTORY: Derived from Ch. XV of the 1975 Code (Ord. No. 15-86).
Amendments noted where applicable.]
This chapter shall be known as "The Franklin Borough Nuclear Free Zone
Ordinance."
The Mayor and Council of the Borough of Franklin find that contamination
by radioactive substances interferes with the farming and residential character
of the Borough of Franklin and contamination by radioactive substances will
have an adverse effect on the residents, visitors, businesses, water resources
and wildlife in the Borough of Franklin.
The development, production, storage, deployment, usage, landfilling,
fabrication, destruction and transportation of radioactive materials in and
through the Borough of Franklin is hereby prohibited except as hereinafter
provided.
The Borough Attorney, at the direction of the Mayor and Council, shall
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. Any resident (person or corporation)
may, by appropriate civil action, enforce the prohibitions 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 and the penalty provisions of Chapter 1, General Provisions, of the Code of the Borough of Franklin shall be applicable.
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 timepieces, 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.
