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(a) No person shall cause or permit the discharge into the open air of any vapors, smoke, dirt or soot by the use of fuel and a fuel burning device so as to cause physical discomfort or danger to the health or person of any of the inhabitants of the City or so as to interfere with the ordinary use and enjoyment of the property of any inhabitant in the City. A violation of this subsection is hereby declared to be a public nuisance.
(b) The continuance of a public nuisance, as referred to in subsection (a)hereof, may be restrained by proceedings in the Forty-fourth Judicial Circuit Court upon the complaint of the Mayor and Clerk of the City. The institution of such proceedings shall not be a bar to the arrest, prosecution and conviction of any person violating subsection (a)hereof or to any suit to recover such penalty.
(c) The provisions of this section shall not apply to the discharge into the open air of vapors, smoke, dirt or soot by the use of any fuel and fuel burning device located and used in single residences occupied and used solely for residential purposes.
(Ord. 147. Passed 12-9-52.)
(d) In the event of a conflict between any of the provisions of this section and a provision of any State or Federal statute or regulation, the State or Federal statute or regulation shall prevail.