(a) Definitions. As used in this section:
(1) “Air contaminant” means any smoke, soot, fly ash, dust, cinders, dirt, fumes, gases, vapors, liquid, particulate or odorous matter, not including uncombined water vapor.
(2) “Air pollution” means the presence in the ambient air of one or more air contaminants or any combination thereof in such quantity and of such characteristics and duration as to injure or tend to injure human health or welfare, plant or animal life or property or which would interfere with the enjoyment of life or use of property.
(3) “Energy fuel” means gasoline, wood, coal, coke, gas, oil, electricity and trade waste, excluding garbage, when burned for the purpose of generating heat, steam or energy for power, processing or space heating.
(4) “Energy unit” means a gasoline or diesel motor, stove, boiler, incinerator, combustion chamber, furnace, heating unit or household fireplace, all of which shall have a stack or flue and, when so required and ordered by the Building and Zoning Inspector, shall be equipped with mechanical devices to reduce air pollution.
(b) Regulations.
(1) Energy fuel shall be burned or used only in an energy unit and burned or used so as not to cause air pollution. Exhaust stacks shall be of sufficient height and of such characteristics as to not be unreasonably offensive or injurious to the surrounding area.
(2) The provisions of this section shall not apply to the burning of energy fuel for the sole purpose of recreational functions for fireplaces in dwellings or for the cooking of food for human consumption, provided that such activity is conducted in a manner that does not cause air pollution.
(3) Energy fuel may be burned in gasoline and diesel fuel motors when the emission of air contaminants is not in excess of City, State and Federal standards now in effect, or as may be established, and when the emissions are not prolonged, blue or black in color to the eye, and do not cause air pollution.
(4) The Building and Zoning Inspector may temporarily exempt persons from the provisions of this section when, in his opinion, such persons are in the process of modifying an energy unit so as to bring it into compliance with this section. Such exemption shall be in writing, stating the conditions thereof, and shall state a definite duration.
(c) Enforcement. For the purpose of enforcement of this section the Mayor, policemen, firemen and the Building and Zoning Inspector are the duly authorized representatives of the City. (Ord. 48-71. Passed 12-21-71.)
(d) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the third degree. Punishment shall be as provided in Section 698.02.