[Code 1955, § 3-2.1.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Gas and airborne particles larger than one micron in mean diameter.
- DUST SEPARATING EQUIPMENT
- Any device for separating dust from the gas medium in which it is carried.
- FUEL-BURNING EQUIPMENT
- Any furnace, incinerator, refuse-burning equipment, boiler, apparatus, device, mechanism, stack or structure used in the process of burning fuel or combustible material, excepting cooking stoves or ranges, service water heaters, room or space heaters that use gas, kerosene or gasoline as fuel, and such equipment as is covered by this Code.
- Gases or vapors that are of such character as to create an unclean, destructive, offensive or unhealthful condition.
- INTERNAL COMBUSTION ENGINE
- An engine in which combustion of a gaseous, liquid or pulverized solid fuel takes place within one or more cylinders.
- OPEN FIRE
- Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.
- RINGELMANN SMOKE CHART
- The Ringelmann Chart, with instructions for use, as published by the United States Bureau of Mines.
- Small gas and air-borne particles consisting essentially of carbonaceous material in sufficient number to be observable.
- SMOKE REGULATION OFFICER
- The Director of the Department of Environmental Health of the City or his authorized assistant or deputy.
- Agglomerated particles consisting essentially of carbonaceous material.
- STACK OR CHIMNEY
- A flue, conduit or opening arranged for emitting air containing dust and gases containing dust or smoke into the open air.
[Code 1955, § 3-2.2.]
The smoke regulation officer shall carry out and enforce the provisions of this chapter. In carrying out and enforcing the provisions of this chapter, the smoke regulation officer shall be privileged to call upon the Chief of the Fire Department and the Chief of the Police Department and to receive from them such advice and assistance as may be within their respective powers and functions to render.
[Code 1955, § 3-2.3.]
To secure the enforcement of the provisions of this chapter, the smoke regulation officer shall perform the following duties:
[Code 1955, § 3-2.6.]
No person shall in any manner hinder, obstruct, delay, resist, prevent or in any way interfere or attempt to interfere with the smoke regulation officer, his assistant or deputy, or any of his or their subordinates, in the performance of any duty imposed or required of them by this chapter, or, after proper identification, refuse to permit such persons to perform their duty by refusing them, or any of them, entrance to the premises at reasonable hours.
[Code 1955, § 3-2.4.]
If, upon inspection, it is found that any fuel burning equipment is in such condition that it cannot be operated within the provisions of the chapter, the smoke regulation officer shall give notice in writing to the person owning, operating or in charge of such equipment of the defects found and an order to correct, repair or replace the defective equipment. Failure to comply with this order within 30 days from its date shall be a violation of this section.
[Code 1955, § 3-2.5.]
No person shall cause, suffer or allow to be emitted into the open air from any fuel-burning equipment, internal combustion engine, premises or open fire, smoke the shade or appearance of which is equal to or darker than No. 2 of the Ringelmann chart excepting:
Smoke, the shade or appearance of which is equal to but not darker than No. 2 of the Ringelmann chart for one or more periods aggregating four minutes in any 30 minutes;
When building a new fire, or blowing down or cleaning flues, or when break-down of equipment occurs such as to make it evident that the emission was not reasonably preventable, smoke, the shade or appearance of which is equal to but not darker than No. 3 of the Ringelmann chart for one or more periods aggregating three minutes in any 15 minutes; provided, that wherever possible flues shall be blown down or cleaned during the nighttime.
[Code 1955, § 3-2.8.]
Each person who shall be the owner, agent or lessee of fuel-burning equipment, except such as use gas fuel only, and except coal-burning boilers of not to exceed 20 horsepower rating or of 2,500 square feet, or less, of equivalent direct radiation, shall provide means whereby the fireman, engineer or other person firing the fuel-burning equipment may be enabled to know, without leaving the boiler or furnace room, whether smoke is being emitted contrary to the provisions of this chapter, so that the necessary corrections in firing may be made promptly.
[Code 1955, § 3-2.7.]
Each person owning, operating or in charge or control of any equipment, who shall cause or permit or participate in any violation of this chapter, either as proprietor, owner, lessee, tenant, manager, superintendent, constructor, installer, mechanic, repairman, captain, janitor, engineer, fireman or otherwise, shall be individually and collectively liable for any penalties resulting from a violation of this chapter.
Each violation of any provision of this chapter shall be deemed a misdemeanor and shall be punishable by a fine not to exceed $500 or imprisonment for a period not to exceed 90 days, or both, and shall be subject to the nuisance proceedings referred to in Section 1-10, where applicable.
[Code 1955, § 3-2.9.]
Every violation of the provisions of this chapter in respect to the emission of smoke, soot, dust or fumes shall constitute a nuisance per se.