An odor will be deemed objectionable and is a public nuisance when any of the following occur:
A. An odor creates a public nuisance at common law; or
B. The erection, continuance or use of any building or place for the exercise of a trade, employment or manufacture which, by noxious exhalations or offensive smells, becomes injurious and dangerous to the health, comfort or property of individuals, or of the public; or
C. All the members of a panel consisting of the code enforcement officer and three (3) residents of the city appointed by the mayor to assist the code enforcement officer to investigate complaints and who are not aggrieved by the source determine following concurrent, personal observation, that the odor at or beyond the property line of the source, or on or adjacent to residential, recreational, institutional, retail sales, hotel or educational premises, is objectionable taking into account its character, intensity, duration, frequency, and location, and are able to identify the source; or
D. The ambient air at or beyond the property line of the source, or on or adjacent to residential, recreational, institutional, retail sales, hotel or educational premises, has an odor reading equal to or greater than seven (7) D/T (dilution to threshold).
(Ord. 2007-14, 5-1-2007)