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§ 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
§ 92.05 FUGITIVE DUST.
   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
§ 92.06 EXCESSIVE EMISSIONS DECLARED TO BE NUISANCES.
   It is unlawful for any person to cause, allow or permit the escape of quantities of gases or particulate matter from any source whatsoever in a manner as to be detrimental to the public or to endanger the health, welfare or safety of the public, or in a manner as to cause injury or damage to property or business. The escape of the matter is declared to be a public nuisance and may be ordered abated by the enforcement official.
(1999 Code, § 52.06) Penalty, see § 10.99
§ 92.07 NOTICE TO ABATE.
   (A)   Whenever the enforcement official determines that there are reasonable grounds to believe that the owner or operator of any equipment is maintaining fuel-burning equipment, incinerator or refuse-burning process or control equipment or other equipment in violation of any section of this chapter, or that a violation of this chapter exists, the enforcement official shall give notice of the alleged violation to the owner or operator of the equipment or to the person who is violating this chapter.
   (B)   Notice shall be made as follows:
      (1)   The notice shall be made by telephone to the listed telephone directory number or telephone number supplied by the owner or operator of the offending equipment or property. If the telephone notification is not successful after two attempts, no further immediate notification will be made. Written notification will be made within five days;
      (2)   The notice shall state the specific violation alleged;
      (3)   The notice shall allow a reasonable time for the performance of any correction the enforcement official may require to comply with the provisions of this chapter. The reasonable time allowed shall be determined by the enforcement official and shall be based on the nature of the violation, the frequency of the violation, the estimated time necessary to correct the violation and other relevant factors as determined by the enforcement official. In the event the reasonable time allowed for correction is more than 48 hours, the enforcement official shall report in writing to the City Administrator the reasons for the correction time. In the event any extensions of time are granted to correct a violation, the enforcement official shall report in writing to the City Administrator the reasons for the extension; and
      (4)   If deemed advisable by the enforcement official, the notice shall contain an outline of corrective action which, if accomplished, will effect compliance with the provisions of this chapter.
   (C)   In case the owner or operator or other responsible person fails or refuses to comply with the notice, the city may order the enforcement official to perform the required actions to abate the nuisance, as specified in Chapter 90 of this code of ordinances.
(1999 Code, § 52.07) Penalty, see § 10.99
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