As used in this chapter, the following terms shall have the meanings
indicated:
DENSE SMOKE
That smoke which has a density of No. 2 or greater as established
by the Ringelmann Chart, hereinafter referred to and adopted.
PERSON, FIRM or CORPORATION
Any individual, partnership, firm, association, company, corporation,
syndicate or other group or groups of organized or unorganized individuals
who may employ, own, use or operate any fuel-consuming device.
RINGELMANN CHART
That chart published and described in the United States Bureau of
Mines Information Circular No. 7718 on which are illustrated graduated shades
of black for use in estimating the light-obscuring capacity or density of
smoke.
It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No. 2 on the Ringelmann Chart, published and described in the United States Bureau of Mines Information Circular No. 7718, the standards of which are hereby fully adopted by the enactment of this chapter. Except as provided in §
81-3, the emission of such dense smoke is declared to be a public nuisance and may be summarily abated by the Building Inspector or by anyone whom he/she may designate for such purpose. Such abatement may be in addition to the fines and penalties hereinafter provided.
The provisions of §
81-2 shall not be applicable when an incinerator, fire box, furnace, boiler, locomotive or other fuel-consuming device is being cleaned out and a new fire is being built therein, in which event a smoke of a density greater than that described as No. 2 of the Ringelmann Chart shall be permitted for a period of not to exceed six minutes in any single period of 60 minutes. Also excepted are smoke emissions from fires for which a permit has been issued by the Building Inspector or anyone designated by him/her.
Specifically prohibited by this chapter, in the absence of a permit
from the Building Inspector, shall be all outdoor fires, with the exception
of those intended for the preparation of food.
It shall be unlawful for any person, firm or corporation to permit or
cause the escape of such quantities of soot, dust, cinders, fly ash, noxious
acids, fumes, vapors and gases in such place or manner as to be detrimental
to any person or to the public or flora and fauna or to endanger the health,
comfort and safety of any such person or of the public or in such manner as
to cause or have a tendency to cause injury or damage to property or business.
The escape of such matter is declared to be a public nuisance and may be summarily
abated by the Building Inspector or anyone whom he/she may designate for such
purpose. Such abatement may be in addition to the fines and penalties hereinafter
provided.
The Building Inspector or such other person as he/she may designate
shall have the duty of enforcing all the provisions of this chapter.
Any person, firm or corporation interfering in any manner or impeding
the performance of duty of the Building Inspector shall be subject to the
penalties hereinafter provided for the violation of the provisions of this
chapter. This section shall likewise apply to the performance of duty of those
employees and representatives of the Building Inspector.
[Amended 5-4-1981 by L.L.
No. 3-1981; 9-14-1987 by L.L.
No. 4-1987]
A. Any persons committing an offense against this chapter
shall, upon conviction, be subject to a fine not exceeding $250 or imprisonment
for a term not exceeding 15 days, or to both such fine and imprisonment. The
continuation of an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense hereunder.
B. The owner or owners of any building, land, structure
or part thereof where any violation of this chapter shall exist and any engineer,
superintendent or any other person who may be employed or assist in the commission
of any such violation and any and all persons who shall knowingly violate
any of the provisions of this chapter or fail to comply therewith or any requirements
thereof or who shall knowingly violate or fail each and every such violation
and noncompliance shall be guilty of a violation of this chapter. The application
of the above penalty shall not be held to prevent the abatement of prohibited
conditions.