It shall be unlawful for any person, firm or corporation to permit the emission of smoke from any source that is injurious or offensive to the residents of the municipality in the judgment of the City Council or Mayor. Air shall be considered to be polluted when the discharge into the open of dust, fumes, gases, mist, odors, smoke or any combination thereof is of such character and in a quantity which to any group of persons interferes with their health, repose or safety, or causes severe annoyance or discomfort or is offensive and objectionable to normal persons and causes injury to real and personal property of any kind. The standards for air pollution established or adopted by the state shall be presumptive evidence as to when the air is deemed to be polluted under this section. It is hereby unlawful for any such person, firm or corporation to permit or cause the escape of the aforesaid nuisances and the escape of the dust, fumes, gases, mists, odors and smoke is hereby declared to be a nuisance and shall be summarily abated upon written notice by the City Council or Mayor to the violator. Such abatement may be in addition to the penalty for air pollution in the municipality.
(Prior Code, § 4-412) (Ord. 863, passed 9-11-2007; Ord. 868, passed 11-11-2008) Penalty, see § 91.99
Statutory reference:
Similar provisions, see Neb. RS 18-1720 and 28-1321