(a) No person shall erect, continue, use or maintain a dwelling, building, structure or place for a residence or for the exercise of a trade, employment or business, or for keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort or property of individuals or of the public. No person shall cause or allow offal, filth or noisome substances to be collected or remain in any place to the damage or prejudice of others or of the public. No person shall unlawfully obstruct or impede the passage of a navigable river, harbor or collection of water, or corrupt or render unwholesome or impure, a watercourse, stream or water, or unlawfully divert such watercourse from its natural course or state to the injury or prejudice of others.
(ORC 3767.13)
(b) No person shall emit or cause to be emitted odorous substances from any source which will, beyond his property line, cause a resident’s complaint or cause the atmosphere to become odorous for a period of fifteen minutes in any eight-hour period with an odor measurement of twenty odor units. In residential areas or public recreation areas, no odor concentration of twenty odor units shall be permitted for a period of fifteen minutes in any one hour for three days per month.
The odor unit is determined by the American Society for Testing Materials method D1391-57, modified by techniques employed by the Department of Air Pollution Control of the City of Cleveland, which techniques involve the use of fifty-milliliter and ten milliliter disposable syringes, within a minimum of eight trained jurists. An odor unit is the quantity of odorous substances that, when diluted with a volume of “odor-free” air, produces a threshold response by fifty percent (50%) of an odor jury. The substance shall be collected at the property line or area of complaint and shall be tested within twenty-four hours of the time of collection.
The term “odorous” is defined as any substance which is perceptible and disagreeable to the sense of smell. Field instruments, such as the scentometer or an equivalent device, can be used by trained officials and detection of odorous substances at number eight on the scale or below for a period of fifteen minutes in any eight-hour period shall be considered a violation of this subsection.
(c) Whoever violates subsection (a) is guilty of a misdemeanor of the fourth degree.
(d) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the first degree.
(Ord. 4326-75. Passed 3-3-75.)
(Ord. 4326-75. Passed 3-3-75.)