(A) General Rules: All reasonable precautions shall be taken to prevent particulate matter from becoming airborne. In determining what is reasonable, consideration will be given to factors such as the proximity of particulate emitting operations to human habitations and/or activities and atmospheric conditions which might affect the movement of particulate matter. Some of the reasonable precautions may include, but are not limited to, the following:
1. Use Of Control Equipment: Installation and use of hoods, fans, fabric filters or equivalent systems to enclose and vent the handling of dusty materials. Adequate containment methods should be employed during sandblasting or other operations.
2. Covering Of Trucks: Open trucks transporting materials which may potentially release particulate matter must be covered.
3. Removal Of Materials: Prompt removal of earth or other stored material from streets.
(B) Visible Emissions: No owner, occupant or tenant shall permit the discharge of any particulate matter into the atmosphere from any construction site, development site, unpaved parking lot, industrial yard, vacant lot or maneuvering areas where the emission becomes a public nuisance, health hazard or safety hazard.
Prima facia evidence of a public nuisance, health hazard or safety hazard shall exist if the emission for a period or periods aggregating more than thirty (30) seconds in any sixty (60) minute period is greater than fifty percent (50%) opacity as determined by procedures specified in 40 CFR 60, appendix A, method 9, appendix A, method 22, or a state of Idaho approved equivalent method.
(C) Control Methods: Control methods may include, but are not limited to, the following:
1. Dust Palliative: Use of water or other environmentally safe dust palliative for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. The use of water resulting in mud on public streets will not be permitted. Any mud or spillage shall be immediately removed.
2. Dust Suppressants: Dust suppressants (such as water or other environmentally safe dust palliative) must be used to control the release of particulate matter when practicable.
3. Paving: Paving of roadways and their maintenance in a clean condition.
(D) Exceptions: The provisions of this section shall not apply to "agricultural land" as defined by section 10-2-1 of this code.
(E) Fines: In addition to criminal penalties set forth in section 1-4-1 of this code, any person who violates this section shall pay civil penalties to the city as follows:
1. First violation: Warning ticket.
2. Second offense in the same thirty (30) day period: Five hundred dollar ($500.00) fine.
3. Third offense in the same thirty (30) day period: One thousand dollar ($1,000.00) fine.
4. Each additional offense in the same thirty (30) day period: Two thousand dollar ($2,000.00) fine. (Ord. 2468, 12-19-1994)