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CHAPTER 92: AIR AND NOISE POLLUTION
Section
   92.01   Purpose
   92.02   Definitions
   92.03   Emission of objectionable odors
   92.04   Emission of objectionable noise
   92.05   Fugitive dust
   92.06   Excessive emissions declared to be nuisances
   92.07   Notice to abate
   92.08   Action to enjoin
§ 92.01 PURPOSE.
   The purpose of this chapter is to control air pollution in the city by suspended particulates, odors, noise and fugitive dust.
(1999 Code, § 52.01)
§ 92.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AIR POLLUTION. The presence in the atmosphere of one or more air contaminants in sufficient quantities and of the characteristic and duration which is injurious or tends to be injurious to the public health, safety or welfare or injurious to animal or plant life or property or which interferes with the reasonable enjoyment of life or property or the conduct of business.
   EMISSION. A release of one or more air contaminants into the outdoor atmosphere.
   ENFORCEMENT OFFICIAL. The person designated by the Council who is responsible for the enforcement of this chapter.
   FUGITIVE DUST. Solid airborne particulate matter emitted from any source other than a flue or stack.
   ODOR. That which produces a response of the human sense of smell to an odorous substance.
   PERSON. An individual, partnership, co-partnership, cooperative, firm, company, public or private corporation, political subdivision, agency of the state, trust, estate, joint stock company or any other legal entity or any legal representative, agent or assigns.
   POLLUTION ALERT. Receipt by the Pollution Hotline of ten total complaint calls or six calls identifying the same pollution problem, either in a six-hour period.
   POLLUTION HOTLINE. Telephone number 242-7770, which is responded to by an answering service retained by the city.
(1999 Code, § 52.02)
§ 92.03 EMISSION OF OBJECTIONABLE ODORS.
   No person shall cause or permit the emission of any objectionable odor into the ambient air. Upon receipt of a pollution alert concerning odor, the enforcement official shall make an investigation. An odor will be deemed to be objectionable when it has been substantiated by the enforcement official that the odor existed and it was a nuisance. If a violation is determined to exist, the enforcement official shall, by an appropriate order, require the elimination of the objectionable odor.
(1999 Code, § 52.03) Penalty, see § 10.99
§ 92.04 EMISSION OF OBJECTIONABLE NOISE.
   No person shall cause or permit the emission or release of any objectionable noise into the ambient air. Upon receipt of a pollution alert concerning noise, the enforcement official shall make an investigation. A noise will be deemed to be objectionable when it has been substantiated by the enforcement official that the noise existed and it was a nuisance. If a violation is determined to exist, the enforcement official shall, by an appropriate order, require the elimination of the objectionable noise.
(1999 Code, § 52.04) Penalty, see § 10.99
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