No person shall operate or cause to be operated any internal-combustion engine, while stationary or moving, which emits from any source any excessive or unusual smoke, as further described in §
66-26 of this Part
2, or smoke which will reduce transmission of light by more than 20%.
The standard of smoke emission shall be as described in the
Automobile Manufacturers' Association Motor Vehicle Exhaust Smoke
Guide.
The prohibitions therein prescribed shall not apply to:
A. Condensing water vapor during cold weather operation of engine warmup.
B. Dust clouds formed at the rear of a moving vehicle, as readily distinguished
from exhaust smoke by the color and consistency of the cloud.
C. Visible emission of short duration, not to exceed five seconds in
excess of those shown, that may occur during periods of acceleration,
gear shifting and deceleration.
When the Commissioner of Health of Erie County has determined that any internal-combustion engine is being operated so as to cause a violation of §
66-25 of this Part
2, he may:
A. Require repairs to be made to:
(12)
Throttle delay cylinders.
B. Prevent the engine from being so operated by notifying the owner,
or any agent action in his behalf, to show cause before him, on a
day certain within 30 days of such notice, why such engine should
not be sealed. If, upon the hearing, the Commissioner finds that said
engine has been used contrary to the prohibitions of this Part 2,
he shall order such engine to be sealed until adequate action, approved
by said Commissioner, is taken to comply with this Part 2. Such action
may be in addition to any administrative proceedings, fines and penalties
provided in this Part 2. No seal so placed on any of the engines shall
be removed without written permission from the Commissioner.
C. Insist on an operator training session consisting of an explanation
of the purpose of this Part 2 and proper operating procedures.
D. Order the use of a different fuel or an acceptable fuel additive
if this will correct the problem.