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)
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
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
No person shall allow, cause or permit any materials to be handled, transported or stored or a building, its appurtenances or a construction haul road to be used, constructed, altered, repaired or demolished with the exception of farming operations or dust generated by ordinary travel on unpaved public roads without taking reasonable precautions to minimize atmospheric pollution. All persons shall take reasonable precautions to prevent the discharge of visible emissions of fugitive dusts beyond the lot line of the property on which the emissions originate. Reasonable precautions may include, but are not limited to, the following procedures:
(A) Use, where practical, of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land;
(B) Application of suitable materials such as, but not limited to, asphalt, oil, water or chemicals on unpaved roads, material stockpiles, race tracks and other surfaces which can give rise to airborne dusts;
(C) Installation and use of containment or control equipment to enclose or otherwise limit the emissions resulting from the handling and transfer of dusty materials such as, but not limited to, grain, fertilizer or limestone;
(D) Covering, at all times when in motion, open-bodied vehicles transporting material likely to give rise to airborne dusts; and
(E) Prompt removal of earth or other material from paved streets onto which earth or other material has been transported by trucking or earth-moving equipment, erosion by water or other means.
(1999 Code, § 52.05) Penalty, see § 10.99
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