Chapter 8 – Nuclear Free Zone
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Adopted by Ordinance No. 5002.
6-8-1. – Legislative Intent.
(a) The city council finds the citizens of the City of Boulder have expressed their strong concern about nuclear weapons work or research within the city by the passage of an initiative in November 1985 directing the city council to enact an ordinance making Boulder a nuclear free zone.
(b) The purpose of this chapter is to prohibit, within the city, the production, storage, processing or disposal of nuclear weapons or their components, or research or development thereof, since the council finds that such actions are inimical to the public peace, health, safety, welfare and morals of the people of the city in light of the special needs and conditions of the city.
6-8-2. – Definitions.
The following words have the following meanings as used in this chapter unless the context clearly indicates otherwise:
Component of a nuclear weapon means any device, radioactive or nonradioactive, designed to be installed in and contribute to the explosive operation of a nuclear weapon, but not a delivery device or any component thereof.
Nuclear weapon means any bomb or warhead, 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 or fusion reactions involving atomic nuclei.
6-8-3. – Prohibition of Nuclear Weapons.
After December 1, 1986, no person shall knowingly produce, store, process or dispose of a nuclear weapon or component of a nuclear weapon within the city.
6-8-4. – Prohibition of Nuclear Weapons Facilities and Materials.
After December 1, 1986, no person shall knowingly possess or allow within the city any facility, equipment or substance used primarily for the production, storage, processing or disposal of a nuclear weapon or component of a nuclear weapon.
6-8-5. – Prohibition of Nuclear Weapons Research.
After December 1, 1986, no person shall knowingly engage in research within the city intended for the production, storage, processing or disposal of a nuclear weapon or component of a nuclear weapon.
6-8-6. – Affirmative Defenses.
It is an affirmative defense to a charge of violation of this chapter that the person was:
(a) An agency of the United States or the State of Colorado, or an employee thereof acting within the scope of such employment;
(b) Engaged solely in basic research in physics or chemistry; or
(c) Engaged in work otherwise violative of this section which was in progress under a contractual obligation binding on the person or the person’s employer as of December 1, 1986, but this defense shall not apply to violations occurring after December 1, 1988.
6-8-7. – Private Right of Action.
Any resident of the city may maintain an action for declaratory, injunctive, or any other appropriate equitable relief in the District Court in and for the County of Boulder against a person violating any provision of this chapter. Nothing in this title authorizes the city or any of its employees or agents to be named as a defendant in such litigation.