[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park by Ord. No. 1067 (§ 2-30 of the 1987 Code). Amendments noted where applicable.]
This chapter shall be known as the "Nuclear-Free Zone Regulations."
The development, production, storage, deployment, usage and transportation of radioactive materials in and through the Borough is regulated as hereinafter provided.
No nuclear weapons, delivery systems for such weapons, or components expressly intended to contribute to the operation, guidance or delivery of a nuclear weapon shall be produced or stored within the Borough.
No waste from the production of nuclear weapons, their components, or commercial nuclear power shall be stored within the Borough.
No research furthering nuclear weapons development shall be conducted within the Borough, subject to rights guaranteed under the Fifth Amendment of the United States Constitution.
The Mayor and Council shall request the United States Department of Transportation and the New Jersey Department of Transportation to provide the Borough with advance notification of any radioactive waste shipment through the Borough boundaries. Upon such notification, the Mayor and Council shall act to prevent the transportation of radioactive waste through the Borough by seeking an exemption from preemption by the Department of Transportation regulations using other legal means at their disposal.
The prohibitions contained in this chapter shall not apply to naturally occurring materials containing low, normal, background levels of radiation. This chapter shall not apply to consumer products in general use such as detectors and time pieces. Nor shall it apply to medical and/or pharmaceutical testing research, application and/or development. Nor shall it apply to X-rays, chemicals and physical analyses of any type. This chapter shall not apply to movement for burial elsewhere of small articles made radioactive by contact, such as protective clothing and tools used to handle the radioactive materials which have been exempted under this chapter. Nothing in this chapter shall be construed to prohibit or regulate in any manner the use of fissionable materials, applications for which the principal purposes are unrelated to the development or fabrication of nuclear weapons.
The Borough Administrator is hereby authorized to take appropriate action to enforce the prohibitions contained herein. Action may include, but is not limited to, civil action seeking injunctive relief in any court of competent jurisdiction. In the event the Borough Administrator fails or neglects to so act, any resident, person, or corporation may, by appropriate civil action, enforce the prohibition contained herein.
The adoption of this chapter is not intended to preclude other actions, either administrative or legal in nature which may be brought by any person, corporation or resident of the Borough, attempting to enforce the provisions 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.
Certified copies of this chapter, following final adoption, shall be sent to Thomas Kean, Governor of the State of New Jersey; John Lynch, State Senator; Davis Schwartz and Robert Smith, Assemblymen: Bill Bradley and Frank Lautenberg, United States Senators; Bernard Dwyer, Congressman, John P. Sheridan, Commissioner, New Jersey Department of Transportation; Elizabeth Dole, United States Secretary of Transportation.