NUCLEAR FREE ZONE ORDINANCE
WHEREAS, WE, the people of East Windsor, find that the presence of nuclear weapons and facilities producing those weapons are in conflict with the maintenance of the communitys public health, safety, morals, economic well being, and general welfare; and
WHEREAS, WE, the people of the Town of East Windsor, have become increasingly apprehensive concerning the storage of radioactive waste within the Town; and
WHEREAS, we, the people of the Town of East Windsor, believe that the existence of such weapons and/or waste may prove to be a significant detriment to the economic development of the community and that the disposal and clean-up of radioactive waste may be a significant economic burden to the Town; and
WHEREAS, we, the people of the Town of East Windsor, wish to unite with other communities throughout the nation and the world in this affirmation:
NOW, THEREFORE, be it
RESOLVED: That the Town of East Windsor shall be and is established as a nuclear free zone, wherein no nuclear weapons or radioactive components primarily used for the production of nuclear weapons may be positioned or manufactured within the geographical boundaries of the Town of East Windsor. Radioactive components primarily used for the production of nuclear weapons shall be any radioactive device, radioactive or non-radioactive, specifically designed to be installed in, and contribute to, and is primarily used to be installed in, and to contribute to, the operation of a nuclear weapon;
FURTHER: There shall be no nuclear reactors, experimental or commercial, nor any nuclear fuel reprocessing plants of any kind constructed or operating within the Town;
FURTHER: No radioactive waste or nuclear components, excluding medical waste, shall be transported through the Town of East Windsor, other than on interstate highways, except in clearly marked vehicles and with at least three days advance notice to the Chief of Police of times and routes of transit;
FURTHER: No radioactive wastes shall be stored, either on a temporary or permanent basis, within the geographical boundaries of the Town, except for the temporary storage of waste by any business entity located within the Town, which waste is a byproduct of that entitys business in the Town and which waste has not been produced in violations of this ordinance or any other ordinance, regulation, or law of the Town, the State of Connecticut or the United States.
FURTHER: The Town of East Windsor shall post signs at the Town boundaries which affirm that the Town is a nuclear free zone.
NOTHING in this ordinance shall be construed to limit the use of nuclear material in medical application of medicine; to regulate consumer use of radioactive smoke detectors and light emitting watches and clocks; to prohibit the transmission of electrical energy through the Town produced by nuclear energy; or to prohibit direct activities of the federal government or contractors or subcontractors; nor shall anything be construed to prohibit, in any way, the possession or dissemination of any written materials or other expressions of speech by the First Amendment of the United States Constitution.
ANY PERSON, FIRM, OR CORPORATION who violates any provision of this ordinance shall be assessed a civil penalty of not more than $100 for each day such violation continues. Each and every violation of this ordinance shall constitute a separate offense. All such civil penalties shall be deposited in the General Fund of the Town of East Windsor.
IF ANY SECTION, sub-section, paragraph, or word of the Act shall be held to be invalid, either on its face or as applied, the invalidity of such provision shall not affect the other sections, sub-sections, paragraphs, sentences or words of the Act and the applications thereof; and to that extent, the sections, sub-sections, paragraphs, sentences or words of the Act shall be deemed severable.
This ordinance adopted at a Special Town Meeting duly warned and held on December 2,1992, shall become fully effective as provided by law; fifteen (15) days from the publication thereof.
Claire S. Badstubner, CMC
Town Clerk of East Windsor
December 16, 1992