Subtitle 33 – Nuclear-Free Zone

For the purposes of this subtitle, the following definitions apply:

“The Development Commission” is that which is set forth in Article VII, §§111 through 113 of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>.

“Component of a nuclear weapon” is any device, radioactive or non-radioactive, specifically designed to be installed in and to contribute to the operation of a nuclear weapon.

“Direct activities of the federal government” means actions of the federal government or any agency thereof created by statute, but does not include actions of independent contractors.

“Radioactive materials” are any radioactive materials, or their radioactive by-products, which are generated, refined, or made radioactive by any government agency or pursuant to federal or state government contract or license, and including that which the federal government classified as low-level radioactive waste as of January 1, 1989, but which may be classified as below regulatory concern after that date.

any activity not specifically described in this Part;

basic research and/or any writing or speech devoted to public commentary or debate or other speech protected by the First Amendment of the United States Constitution;

the use, storage, or treatment and disposal of radioactive materials used in basic academic research, medical research, or the diagnosis and treatment of patients;

consumer uses of radioactive material for smoke detectors, light emitting watches or clocks, industrial radiography and tracer processes, and other similar incidental applications;

direct activities of the federal government or its employees;

the transportation of radioactive materials to and through the Port of Baltimore; and

research, development, and manufacturing associated with biotechnology.

No person shall knowingly within the City of Baltimore design, produce, deploy, launch, maintain, or store nuclear weapons or components of nuclear weapons.

In the case of persons with existing contractual agreements for any of the aforementioned activities, this prohibition shall take effect 3 years after the adoption and publication of this Part; otherwise, this Part takes effect upon enactment.

No person who is not, as of the effective date of this Part, engaged in the design, production, deployment, launching, maintenance or storage of nuclear weapons or components of nuclear weapons, shall, within the City of Baltimore, commence any such activities after the effective date of this Part.

The City shall post and maintain appropriate signs at recognized entrances to the City and in City Hall, proclaiming Baltimore City’s status as a nuclear-free zone.

When posted on City streets or on state or federally supported roads entering Baltimore City, such signs shall conform with the standards set forth in § 28-44 of the Federal Highway Administration’s Manual on Uniform Traffic Control Devices for Streets and Highways.

any activity not specifically described in this Part;

the use, storage, or treatment and disposal of radioactive materials used in basic academic research, medical research, or the diagnosis and treatment of patients;

consumer uses of radioactive material for smoke detectors, light emitting watches or clocks, industrial radiography and tracer processes, and other similar incidental applications; and

direct activities of the federal government or its employees.

Each violation of this Part shall be punishable by a $1,000 fine.

Each day of violation shall be deemed a separate violation.

any activity not specifically described in this Part;

the transportation of radioactive materials used in basic academic research, medical research, or the diagnosis and treatment of patients;

consumer uses of radioactive material for smoke detectors, light emitting watches or clocks, industrial radiography and tracer processes, and other similar incidental applications;

direct activities of the federal government or its employees; and

the transportation of radioactive materials to and through the Port of Baltimore.

Within 2 years of the effective date of this Part, the Office of Disaster Control and Civil Defense shall prepare a report for the City Council covering the following areas:

The Board of Fire Commissioners of Baltimore shall request that state officials notify Baltimore City’s Fire Communication Center of the transportation of radioactive materials, based upon the requirements of federal law, 10 C.F.R. 171.97(c)3, which requires shippers to notify the state governor or his designees, no less than 96 hours prior to such shipments.