(a) No person shall cause, permit or maintain any public nuisance by causing or contributing to the emission or escape into the ambient air from any source, of odorous matter or other objectionable substances or combination of substances in such manner or in such quantities as to endanger or tend to endanger the health, comfort, safety or welfare of the general public or neighboring property owners or residents, or which is unreasonably offensive and objectionable to the public, or which causes unreasonable injury or damage to property or interferes with the comfortable enjoyment of property or normal conduct of business.
(b) Odor or other objectionable element(s) shall be measured at ground level or habitable elevation.
(c) Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce such odor or objectionable element(s), the Board of Zoning Appeals shall make a preliminary investigation of the matter and shall forward its report, together with the allegation that there exists or are likely to be created such odor or objectionable element(s), it shall request Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous or objectionable elements and of practicable means of remedying such condition.
Upon receipt of the findings and recommendations of such specialist or laboratory, the Board may approve, partially approve or disapprove the measures recommended therein and instruct the Building Inspector to proceed with the enforcement of such measures in accordance with the provisions of this section.
(d) Whoever violates this section is guilty of a misdemeanor of the fourth degree for the first offense and, for each subsequent offense, the person is guilty of a misdemeanor of the third degree.
(Ord. 1126-95. Passed 6-22-95.)