The word "stack" as used in this chapter is defined to include chimney,
smokestack, open fire structure or opening of any kind whatsoever, capable
of emitting smoke.
The unlawful emission of smoke, soot, cinders, fly ash, noxious acid,
fumes or gases from each stack shall constitute a separate offense.
Any person who shall refuse to comply with or who shall assist in the
violation of any of the provisions of this chapter, or who in any manner hinders,
obstructs, delays, resists, prevents or in any way interferes or attempts
to interfere with the authorized officials of smoke prevention or smoke prevention
inspectors, or police officers in the performance of any duty herein enjoined,
or shall refuse to permit such inspectors or officers to perform their duty
by refusing them, or either of them, entrance at reasonable hours to any premises
in which the provisions of this chapter are being violated, or refuse to permit
the inspection or examination of such building, establishment, premises or
enclosures for the purpose of the enforcement of this chapter, shall be subject
to the fines and penalties herein provided.
Where a violator of the provisions of this chapter, with respect to
the emission of smoke, soot, cinders, noxious acids, fumes, gases or fly ash,
produces evidence satisfactory to the authorized official of the City that
he/she has taken all steps necessary to provide for future compliance with
the provisions of this chapter, but it appears that the acquisition of the
proper device or equipment cannot be effected immediately, the authorized
officials shall have the discretion in proper cases to allow a period not
to exceed three months from the effective date of the applicable provision
or provisions of this chapter, within which time the device can be obtained,
and a second three months for installation thereof. During said period of
grace granted by the said proper officials, the violator of the chapter shall
not be subject to the fines or penalties herein provided; provided, however,
that where such violator fails in the time allowed to conform with the provisions
of this chapter, he/she shall be subject to all the fines and penalties herein
provided, dating from the date of the beginning of the period of grace permitted
him/her.
The Commissioner of Public Safety shall direct and authorize any one
of the City officials or sanitary inspectors with the power to enforce this
chapter.
The enforcement officer shall have charge of the enforcement of all
ordinances pertaining to smoke prevention and air pollution, and institute
proceedings for the violation thereof; and shall have charge of the preparation
and execution of educational plans for securing the cooperation of the public
in the reduction of the emission of smoke and air pollution.