521.17 POLLUTION FROM INTERNAL COMBUSTION ENGINES.

   (a)   The creation of dust, noise, fumes, smoke or odors by the operation of an internal combustion engine where the dust, noise, fumes, smoke or odors are carried beyond the borders of the property whereon the internal combustion engine is operated in such quantities as to interfere with reasonable enjoyment of any property in the neighborhood is hereby declared a public nuisance. No person, firm or corporation shall maintain any such nuisance anywhere in the City.

   (b)   Before filing any court action for violation of subsection (a) hereof, the City Manager may cause written notice to be issued to the person suspected of maintaining the nuisance. Such notice shall in general terms describe the nuisance, its location and shall state a date by which prosecution and other court action will be started if the nuisance is not discontinued. The notice shall contain a telephone number to call for information on the subject. Failure to give such notice shall not affect the validity of any court action.

   (c)   In addition to any other relief provided by this section, the City Law Director may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of subsection (a) hereof. Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction.

   (d)   Whoever violate subsection (a) hereof is guilty of a misdemeanor of the fourth degree. (Ord. 148-95. Passed 10-23-95.)