(a) Purpose. The purpose of this section is to establish the City as a nuclear weapon-free zone in which work on nuclear warheads and nuclear weapons systems is prohibited.
(b) Definitions.
(1) "Nuclear warhead" means the same as the term "atomic weapon", as provided in 42 USCS Section 2014(d), and means any weapon the explosion of which involves the fission and/or fusion of atomic nuclei.
(2) "Nuclear weapons system" means any system designed for the transport, launch, guidance or delivery of nuclear warheads.
(3) "Applied nuclear weapons research" means research with the explicit goal of the development of or the use of nuclear warheads or nuclear weapons systems.
(c) Prohibition of Nuclear Weapons Work. Except as provided for by specific Act of Congress, no person, corporation, educational facility, laboratory, institution or other nongovernmental entity shall, within the City, knowingly or intentionally engage in the following activities: development, testing, production, maintenance, storage, transportation or disposal of nuclear warheads or nuclear weapons systems, or applied nuclear weapons research.
(d) "Nuclear weapon-free zone" Sign. The City shall place and maintain signs reading "Nuclear Weapon-Free Zone" at all City limit sign post locations. The signs shall conform with standards set forth in Section 2B-44 of the Federal Highway Administration's "Manual on Uniform Traffic Control Devices for Streets and Highways".
(e) Exclusions. Nothing in this section shall be construed to prohibit or regulate any activity not specifically described in subsection (c) hereof, including but not limited to:
(1) The research and application of nuclear medicine;
(2) Basic research, the purpose of which is other than to promote the development of nuclear weapons;
(3) Uses of fissionable materials for smoke detectors, light-emitting watches and clocks, and other applications the purpose of which is other than to promote the development of nuclear weapons.
Nothing in this section shall be interpreted to prohibit the exercise of rights guaranteed under the First Amendment of the Constitution of the United States, including the publication for the benefit of the public or the scientific community of the results of pure research in mathematics, physics or any other scientific endeavor.
(f) Enforcement. The prohibitions in this section apply to corporations, partnerships and natural persons.
Each officer and member of the Board of Directors of any corporation who violates this section shall be held criminally liable under this section if such officer or director knowingly or intentionally participated in or contributed to the prohibited activity.
Each violation of this section shall be punishable by six months' imprisonment and/or five hundred dollars ($500.00) fine. Each day such prohibited activity continues shall constitute a separate violation.
Any natural person, corporation or the City may enforce this section by appropriate civil action for declaratory or injunctive relief. Reasonable attorney fees and costs shall be awarded to a prevailing party.
If all or part of this section is held by a court of law to be inconsistent with any part of the City Charter, this ordinance or portion thereof shall prevail over the inconsistent part of the City Charter.
(g) Notification. Upon adoption of this section and annually thereafter, Council shall present a true copy of this section to the President of the United States, to the Premier of the Union of Soviet Socialist Republics, to the ambassadors of all nations at that time possessing nuclear weapons, to the Secretary General of the United Nations and to the Director of the International Atomic Energy Agency.
In addition, true copies of this section shall be sent to the Governor of the State of Ohio, to the United States Senators from Ohio, to the United States Representative representing the Thirteenth District and to our State Delegates.
(Approved by voters 11-5-85.)