§ 90.120  UNLAWFUL EMISSIONS OR AIR POLLUTION PROHIBITED; ABATEMENT.
   (A)   It is unlawful for any person to permit or cause the emission of quantities of air contaminants, from whatever source in any place or manner, as to be detrimental to any person or to the public, or to endanger the health, comfort, or safety of any person or the public, or in any manner as to cause or have a tendency to cause injury to damage to property or business.  Each day wherein a violation of this section occurs shall constitute a separate offense.  Any act or emission of air contaminants from any single or multiple source in violation or excess of the limitations established in this chapter shall be unlawful and may be ordered abated by the Chief of the Department of Air Pollution Control.  This abatement may be in addition to the fines and penalties provided in § 10.99.
   (B)   It shall be unlawful for any person to cause or permit the handling, transportation or disposition of any substance or material which is likely to be scattered by the wind or is susceptible to being wind-borne without taking reasonable precautions or measures to minimize atmospheric pollution.  It shall be unlawful for any person to operate or maintain, or cause to be operated or maintained, any premises, open area, right-of-way, storage pile of materials or vehicle or construction, alteration, demolition or wrecking operation, or any other enterprise, which involves any material or substance likely to be scattered by the wind, or susceptible to being wind-borne, without taking reasonable precautions or measures to minimize atmospheric pollution.  No person shall maintain or conduct or cause to be maintained or conducted, any lot or roadway unless that lot or roadway is maintained in a manner as to minimize atmospheric pollution.  The Chief shall cooperate with private and public agencies in the problem of controlling wind-borne pollutants.
   (C)   Nothing in any section of this chapter relating to regulation of emission of air contaminants shall in any manner be construed as authorizing or legalizing the erection or maintenance of a nuisance.
   (D)   Upon refusal or failure of any person to obey the order of abatement, proceedings may be had under I.C. 4-21.5-1-1 et seq. which act, insofar as it is applicable, is made a part of this chapter by reference.  References in I.C. 4-21.5-1-1 et seq. to the Attorney General shall be deemed to refer to the City Attorney; and references to the state shall refer to the city.  In the city, the Department of Air Pollution Control shall be represented by the City Attorney or a special City Attorney employed by the city and the Department.
(Prior Code, § 90.085)  (Ord. 3522, passed 1-23-1967; Am. Ord. 3588, passed 9-9-1968)  Penalty, see § 10.99