(a) No person shall erect, continue, use or maintain a dwelling, building, structure or place for a residence or for the exercise of a trade, employment or business, or for the keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort or property of individuals or of the public.
(b) No person shall cause or allow the emission of air contaminants into the atmosphere from any air contaminant source or control equipment which renders the ambient air beyond the property line of the air contaminant source or control equipment unreasonably odorous by injuring the public health, safety or welfare or by substantially interfering with a person of ordinary sensibilities’ comfortable enjoyment of life, health, property and/or safety. A violation of this section is hereby found and declared to be a public nuisance. It shall be unlawful for any person to cause, permit or maintain any such public nuisance.
(c) Definitions. For purposes of paragraph (b), the following terms are defined as follows:
(1) “Air contaminant” means particular matter, dust, fumes, gas, mist, smoke, vapor, or odorous substances or any combination thereof.
(2) “Air contaminant source” means each separate operation or activity that results or may result in the emission of any air contaminant.
(3) “Ambient air” means that portion of the atmosphere outside buildings and other enclosures, stacks or ducts that surrounds human, animal life, or property.
(4) “Emit” or “emission” means the release either directly or indirectly into the ambient air of an air contaminant.
(d) Exemptions. The provisions of paragraph (b) of this section shall not apply to the following classes of sources:
(1) Systems used exclusively for comfort ventilation;
(2) American Gas Association (A.G.A.) approved smokeless, odorless incinerators installed in one or two-family dwellings;
(3) Fuel-burning equipment using natural gas, or No. 1 or No. 2 fuel oil at rates of less than one million (1,000,000) BTU per hour when operated at the maximum rated capacities, and from which, products of combustion are the sole emissions;
(4) Boilers installed in any one or two family dwellings;
(5) Warm air furnaces, any unit heater, direct-fired unit heater or ceiling-type unit heater fired with natural gas, or No. 1 or No. 2 fuel oil, where equipment is used exclusively for space or comfort heating, or installed in any one or two-family dwellings; and
(6) City owned and/or operated facilities that provide necessary government services to the general public.
(e) Whoever violates any provision of this section is guilty of a misdemeanor of the third degree. Each day during which a violation of this section continues shall be deemed to be a separate public nuisance condition and constitute a separate offense. In addition to the criminal remedy provided for herein, the Director of Law is authorized to institute injunction proceedings in Common Pleas Court to abate any public nuisance condition as set forth in paragraph (b) of this section, if he or she reasonably determines that criminal prosecution has not or will likely not result in a voluntary abatement of the said public nuisance condition.
(Ord. 2006-179. Passed 10-16-07.)