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§ 12.5-211 NUISANCE.
   (a)   An emission of an air contaminant in violation of the regulations adopted under this division, in violation of the act, or in violation of any permit issued thereunder, is hereby declared to be a nuisance.
   (b)   An emission of one or more air contaminants, in such concentration and duration that is or may tend to be injurious to or that does or may affect human health or welfare, animal life, vegetation or property, or that interferes with the normal use and enjoyment of animal life, vegetation and property, is hereby declared to be a nuisance.
   (c)   The operation of a motor vehicle which is required by federal motor vehicle laws to have an emissions control system is hereby declared to be a nuisance if the system is not working properly or if the system has been removed or rendered inoperable.
   (d)   The operation of a motor vehicle is hereby declared to be a nuisance if the vehicle emits air contaminants:
      (1)   As dark or darker in shade than that shade designated as number one on the Ringlemann chart; or
      (2)   Of 20% or greater opacity for longer than five consecutive seconds.
(Ord. 12274, § 1, passed 11-28-1995)