Chapter 9.20


9.20.010    Purpose.

9.20.020    Definitions.

9.20.030    Prohibitions.

9.20.040    Exclusions.

9.20.010 Purpose.

The purpose of this chapter is to establish the borough as a nuclear free zone, to acknowledge the orientation of the community toward peaceful development, and to protect the health and safety of the community and its resources on land and sea by prohibiting work on or storage of nuclear weapons weapons or the storing or dumping of radioactive material within the borough. [Ord. 778 § 1, 2006.]

9.20.020 Definitions.

For the purpose of this chapter, the following definitions shall have the meaning set forth below:

A. “Component of a nuclear weapon” means any device, radioactive or nonradioactive, specially designed or modified for exclusive use as part of a nuclear weapon.

B. “Direct activities of the federal government” means actions of the federal government, or of its agencies, but shall exclude actions of independent contractors.

C. “Nuclear weapon” means any device the intended explosion of which results from the energy released by fission or fusion reactions involving atomic nuclei, including the means of guiding, transporting, propelling or triggering of the device; provided, that such means is destroyed or rendered useless in the normal guiding, transporting, propelling or triggering of the device.

D. “Person” means any individual, corporation, institution or other entity.

E. “Radioactive material” means any radioactive material which is the byproduct of any nuclear reaction or nuclear weapons production, any radioactive material or spent energy in the form of particles or rays by spontaneous disintegration of atomic nuclei, and any other material which the Nuclear Regulatory Commission determines to be nuclear materials, except as specifically exempted in WMC 9.20.040. [Ord. 778 § 1, 2006.]

9.20.030 Prohibitions.

A. A person may not knowingly design, produce, deploy, launch, maintain or store nuclear weapons or the components of nuclear weapons. A person may not produce, store or dump radioactive material.

B. A person may not establish, construct or operate a radioactive material disposal site or store or dump any radioactive material except as specifically exempted in WMC 9.20.040.

C. No zoning, building, special use or other permits shall be issued by the borough for facilities, structures or uses prohibited by this chapter. [Ord. 778 § 1, 2006.]

9.20.040 Exclusions.

Nothing in this chapter prohibits:

A. Uses of small amounts of radioactive materials for smoke detectors, light-emitting watches and clocks, gauges, and other similar consumer and industrial devices.

B. Use of radioactive materials for health care, including medical and dental purposes.

C. Direct activities of the federal and state government that are exempted by federal or state law from the application of the prohibitions under this chapter.

D. Storage of radioactive materials for activities excluded under this section.

E. Naturally occurring radioactive materials and associated radon gas as may be present in sandblasting grit, rock formations, snow melt and like materials. [Ord. 778 § 1, 2006.]