(a) No person shall unreasonably cause, permit or create a public nuisance by or through the emission or escape of air contaminants into the air from any combustible source or sources of control equipment which are of such unreasonable character, intensity and/or duration as to endanger, or be detrimental to the health, safety or welfare of any individual. The test for reasonableness is whether the reasonable person's ordinary senses or sensibilities are affected by the drifting smoke nuisance.
(b) Anyone alleged to violate, or be in violation of section (a) of this ordinance upon first offense shall be issued a warning for compliance.
(c) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate drifting smoke nuisance offense as defined in subsection (a), that offender is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more drifting smoke nuisance offenses, that offender is guilty of a misdemeanor of the third degree.
(Ord. 56-17. Passed 12-11-17.)
(Ord. 56-17. Passed 12-11-17.)