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. “Nuclear weapon” is any device, the purpose of which is use as a weapon, a weapon prototype, or a weapon test device, the intended detonation of which results from the energy released by fission and/or fusion reactions involving atomic nuclei. “Nuclear weapon” includes the weapon’s guidance and propulsion system and triggering mechanism, i.e., the means of transporting, guiding, propelling, triggering, or detonating the weapon, provided that such means is destroyed or rendered useless in the normal transporting, guiding, propelling, triggering, or detonation of the weapon. “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. City Code, 1976/83, art. 3, §1 Ord. 92-012 Ord. 92-013 Ord. 92-014 Ord. 92-015 Ord. 22-125 Article VII, §§ <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§111">111</cite> through <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§113">113</cite> of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> were repealed and the Development Commission abolished by Res. 00-010, ratified November 2000.

Nothing in this Part shall be construed to prohibit: 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. City Code, 1976/83, art. 3, §2 Ord. 92-012

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. City Code, 1976/83, art. 3, §3(a) Ord. 92-012

The Development Commission shall determine if any businesses are affected by this Part. The Development Commission shall then, if necessary:solicit testimony from the public; prepare a plan for the conversion to other uses of resources and physical plants affected by this Part; and develop within this plan, a list of suggested alternative sources of employment for persons currently employed in the nuclear weapons industry. The conversion plan shall be completed within 3 years of the adoption of this Part. The Commission shall issue an interim report on its progress within 18 months following the Commission’s first meeting. This interim report shall be presented to the City Council, and copies shall be made available to the news media for public dissemination. City Code, 1976/83, art. 3, §3(b) Ord. 92-012

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. City Code, 1976/83, art. 3, §3(c) Ord. 92-012

Any taxpayer domiciled in the City of Baltimore, any person aggrieved by a violation of this Part, or the Mayor and City Council of Baltimore, is authorized to institute an action in the appropriate court of law having jurisdiction, seeking declaratory, injunctive or other appropriate judicial relief for the purpose of enforcing this Part and enjoining or restraining any violations of this Part. City Code, 1976/83, art. 3, §3(d) Ord. 92-012

Whenever practicable, and subject to approval by the Board of Estimates, all City departments, agencies, boards, commissions, officers, and employees who purchase or lease goods and services for the City of Baltimore shall make good faith efforts not to contract for, purchase, or lease goods or services produced, sold, distributed, or supplied by manufacturers of nuclear weapons or components. City Code, 1976/83, art. 3, §4 Ord. 92-013

Nothing in this Part shall be construed to prohibit: 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. City Code, 1976/83, art. 3, §5 Ord. 92-014

Except as specifically exempted in this Part, no person shall incinerate or dispose of radioactive materials, for any purpose, within Baltimore City or within landfills or incinerators owned or licensed by Baltimore City. City Code, 1976/83, art. 3, §6 Ord. 92-014

Each violation of this Part shall be punishable by a $1,000 fine. Each day of violation shall be deemed a separate violation. City Code, 1976/83, art. 3, §7 Ord. 92-014

Nothing in this Part shall be construed to prohibit: 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. City Code, 1976/83, art. 3, §8 Ord. 92-015

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:a determination of which existing federal, state, and local laws can be used to control the transportation of radioactive materials; a survey of shippers and recipients of radioactive materials in or near the municipality; a consideration of alternative routes to those presently allowed under 49 C.F.R., using DOT guidelines and local safety analyses, and cooperating with state routing agencies where applicable; and an emergency response plan and assessment of capabilities for accidents involving radioactive materials transport. 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. City Code, 1976/83, art. 3, §9 Ord. 92-015