[Ord. No. 06-1681 §1, 6-19-2006]
As used in this Article, the following terms shall have the
meanings indicated, unless the context clearly indicates otherwise:
Those quantities of dissolved chemicals normally found in
a drinking water supply.
Any real property located within a district zoned commercial
by the City.
Any machinery, vehicle or work used, employed or performed
in an effort to protect, provide or restore safe conditions in the
community or for the citizenry or work by private or public utilities
when restoring utility service.
A stationary device which creates sounds while fixed or motionless
including, but not limited to, industrial and commercial machinery
and equipment, pumps, fans, compressors, generators, air conditioners
and refrigeration equipment.
A non-vehicular source of air pollution.
A single sample of wastewater taken at neither set time nor
flow.
Dissolved or suspended foreign chemicals in a water stream
composed of metals and non-carbonaceous compounds.
A normally flowing natural creek or stream.
The "A" weighted sound pressure level in decibels obtained
by using a sound level meter at slow response with a reference pressure
of twenty (20) micronewtons per square meter. The unit of measurement
shall be designated as dB(A).
One (1) cubic foot of air at the odor threshold.
Dissolved or suspended foreign chemicals in a water stream
composed of carbonaceous compounds.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust estate, political
subdivision, State agency or any other legal entity or their legal
representative, agent or assigns.
A discharge of polluted water emanating from a single location
such as a pipe.
Any action, operation or treatment and the equipment used
in connection therewith, and all methods or forms of manufacturing
or processing that may emit smoke, particulate matter or gaseous matter.
A parcel of real property which is developed and used either
in part or in whole for residential purposes excluding such property
located in a commercial zone.
Small gas-borne particles resulting from combustion, consisting
of carbon, ash and other material.
An instrument meeting American National Standard Institutes
Standard S1.4-1971 for Type 1 or Type 2 sound level meters.
Non-water discharges from a gas or particular source that
are visible to an observer looking through the plume.
[Ord. No. 06-1681 §1, 6-19-2006]
A.
In
order to control unnecessary, excessive air pollution, water pollution
and noise, it is hereby declared to be the policy of the City to prohibit
such emissions, discharges and sounds by sources as specified.
B.
It
is determined that certain sound levels, levels of pollutant discharge
and debris and air pollution emissions are detrimental to public welfare,
public safety and health and public interest.
[Ord. No. 06-1681 §1, 6-19-2006]
A.
Smoke And Visible Emissions.
1.
The shade or density of any single fixed point source of emissions
into the atmosphere shall not cause the opacity as seen by an observer
to exceed twenty percent (20%). (This is equivalent to a Ringlemann
No. 1.)
2.
Exceptions. A person may discharge into the atmosphere
from any single fixed point source for ten (10) minutes while starting
up a process, emissions exceeding the limitation of subparagraph (1).
This shall not occur, however, more than three (3) times in one (1)
day.
B.
Odor. The emission limitation for odor emanating from a
single fixed point source is as follows:
|
|
Source
|
Limitations
|
|---|---|---|
|
|
Restaurants
|
300 odor units/cubic foot
|
|
|
Industrial solvent sources
|
200 odor units/cubic foot
|
D.
Methods Of Measurement. The following analytical methods
shall be used to determine violation of the provisions of this Section:
1.
Visible emissions smoke. Method 9, Visual Determination
of Emissions from Stationary Sources Code of Federal Regulations,
Title 40, Protection of Environment, Chapter 1, EPA Part 60 Standards
of Performance for New Stationary Sources, Appendix A-Test Methods
or Ringlemann Chart described in U.S. Bureau of Mines Information
Circular 7718.
2.
Odor measurement. Mills, John L., "Quantitative
Odor Measurement", Journal of the Air Pollution Control Federation,
Vol. 13, No. 10, page 467, October 1963, as adapted from ASTM D 1391-57.
[Ord. No. 06-1681 §1, 6-19-2006]
A.
The
following noise standards shall apply:
|
Noise Zone
|
Noise Level
|
Time Period
| |
|---|---|---|---|
|
Residential property
|
55 dB(A)
50 dB(A)
|
7:00 A.M. — 10:00 P.M.
10:00 P.M. — 7:00 A.M.
| |
|
Residential abutting commercial
|
65 dB(A)
60 dB(A)
|
7:00 A.M. — 10:00 P.M.
10:00 P.M. — 7:00 A.M.
| |
|
All commercial property
|
75 dB(A)
70 dB(A)
|
7:00 A.M. — 10:00 P.M.
10:00 P.M. — 7:00 A.M.
|
B.
It
shall be unlawful for any person at any location within the City to
create any noise which causes the noise level when measured in the
above zones to exceed the specified standards on a continuous or recurring
basis by more than six (6) dB(A).
C.
The
following activities shall be exempted from the provisions of this
Article:
1.
School bands, school athletic and school entertainment events.
2.
Outdoor gatherings, public dances, shows and sporting events, provided
such events are conducted with appropriate approval.
3.
Activities conducted on parks, public playgrounds and school grounds.
4.
Any mechanical device, apparatus or equipment used, related to or
connected with emergency machinery, vehicle or work.
5.
Noise sources associated with construction, repair, remodeling or
grading of any real property. This exemption shall not apply, however,
to noise sources associated with the construction, repair, remodeling
or grading of any real property which takes place between the hours
of 8:00 P.M. and 7:00 A.M. on weekdays including Saturday or any time
on Sunday or a Federal holiday, these activities being expressly prohibited
during those times.
6.
Noise sources associated with the maintenance of real property used
for residential purposes, provided such activities take place between
the hours of 7:00 A.M. and 8:00 P.M. on any day except Sunday or between
the hours of 9:00 A.M. and 8:00 P.M. on Sunday.
7.
Any activity to the extent regulation thereof has been pre-empted
by State or Federal law.
D.
The
noise level measurement shall be made with a sound level meter from
the point on the complainant's property which is nearest to the property
from which the noise emanates.
[Ord. No. 06-1681 §1, 6-19-2006]
A.
Discharge Standards. The standards for the quality of a
discharge of water or wastewater from a point source into a moving
stream within the City are identical to the quality of water provided
by the Missouri American Water Company to water users within the City
on the same day as the discharge.
B.
Prohibited Discharges. It shall be unlawful for any person
at any location within the City to discharge from a point source into
Grand Glaize Creek, Fishpot Creek or any moving body of water within
the City an effluent which exceeds the standard.
C.
Method Of Measurement. The water pollution levels shall
be measured by collection of a grab sample of the source discharge
and a sample of the City drinking water and subsequent analysis according
to the current edition of Standard Methods of the Examination of Water
and Wastewater APHA. An estimate of flow shall be made.
[Ord. No. 16-2137 §1, 4-4-2016]
A.
OLFACTOMETER
OUTDOOR COOKING
PARTICULATE MATTER
SCRUBBER
Definitions. For purposes of this Section, the following
definitions shall apply:
A scentometer or other device used to detect and measure
ambient odor dilution of odors.
Any means of cooking or curing food outside the principal
building on a lot through the use of heat or smoke, including, but
not limited to, cooking by barbeque grill and meat smokers.
Particles or subdivisions of solid or liquid matter suspended
in a gas or liquid.
A device used to remove particulate matter from smoke emissions.
B.
Purpose. These standards and procedures are enacted
pursuant to the City's police powers under Section 79.370, RSMo.,
"to regulate or prevent the carrying on of any business which may
be dangerous or detrimental to the public health" and "pass ordinances
for the prevention of nuisances and their abatement" in order to enhance
the public health, safety and welfare, and prevent the entrance of
excessive odorous fumes and particulate matters into the atmosphere
and environment of the City of Manchester, and thereby avoid the creation
of nuisances and/or presence of disturbing odors which can unreasonably
disturb the peaceful enjoyment of property.
C.
Applicability. The provisions of this Section shall
be applicable to all outdoor cooking activities in the "C-1" and "C-2"
Commercial Districts of the City by persons and entities engaged in
the sale of food or prepared food for sale.
D.
Exemption. Outdoor cooking activities conducted
by civic, religious and charitable institutions which engage in such
activities fewer than two (2) times per calendar year are exempt from
the permitting requirements of this Section. The Board of Aldermen
may also waive the requirements of this Section for other infrequent
and sporadic outdoor cooking activities associated with charitable
or community purposes if the Board believes the frequency, duration,
hours of operation, location, surrounding land uses and topography,
and other relevant factors make imposition of the permitting requirements
hereinafter provided unnecessary.
E.
Permit Required For Outdoor Commercial Cooking Activities. No person or entity that is in the business of selling and/or preparing
food shall engage in any outdoor cooking activities without first
obtaining an annual permit issued by the City, in accordance with
the following standards:
1.
The application for the permit or renewal shall be made, in
writing, on a form and with such information as is required by the
City and an application fee of one hundred dollars ($100.00).
2.
All applications for an initial permit or a renewal application
involving a material change in the nature, duration or frequency of
the proposed activity or the equipment or location to be utilized
shall be accompanied by an odor dissipation study performed by an
environmental engineer or other person qualified to complete such
a study. An odor dissipation study must consider the following:
a.
The density and proximity of residential districts to the proposed
site of the outdoor cooking activities;
b.
Prevailing wind patterns, atmospheric conditions and natural
barriers such as trees and structures that will affect where and how
far odors travel;
c.
The proximity to existing permitted outdoor cooking activities
and the potential effect of cumulative odors;
d.
The character and strength of the odor;
e.
The character and density of any particulate matter that would
be produced;
f.
The frequency and duration of intended outdoor cooking activities;
g.
The results of any odor measurements taken utilizing an olfactometer
or any other device commonly used to detect the strength of odors;
and
h.
The effect of any proposed mitigating device or practice, such
as the use of scrubbers.
3.
In considering an application for an initial permit or a renewal
application involving a material change in the nature, duration or
frequency of the proposed activity or the equipment or location to
be utilized, the City shall consider the findings of the odor dissipation
study and the written report of the Fire Marshal on the question of
whether the proposed activity and equipment complies in all respects
with best practices in fire prevention and control. In addition, and
for renewal applications, the City shall also consider any other factors
pertinent to the permit application such as the proximity of other
land uses, topography of the area, the potential effect of siting
and operation of the proposed facility on traffic, parking and public
safety, demands on public services, the availability and proximity
of cleaning and drainage facilities, and any other circumstances which
the City may find relevant in light of the nature, duration and frequency
of the proposed activity and existing uses and structures in the vicinity.
The City may also condition the issuance of a permit on compliance
with any requirements or recommendations of the Fire Marshal, and/or
require the installation of mediation devices such as smoke scrubbers,
if the City determines such conditions or devices will assist in ameliorating
foreseeable adverse consequences of the proposed outdoor cooking activity.
For renewal applications the City shall also consider the manner in
which the permitted facility has been operated in the past, whether
the permittee has consistently complied with all applicable standards
and conditions and operated the permitted facility in a clean and
healthful manner, and whether the permitted activity has intruded
upon the peaceable enjoyment of nearby properties or caused unreasonable
particulate or odor pollution.
F.
Safety Standards.
1.
Outdoor cooking devices shall be constructed from non-combustible
materials and shall be securely affixed to the ground at all times
in order to protect against high winds and inclement weather conditions.
Outdoor cooking devices shall be insulated by means of exterior "jacketing"
with heat-shielding material.
2.
Outdoor cooking devices shall be "skirted" around the bottom
in order to mitigate against collection of debris, and the areas surrounding
outdoor cooking devices shall be kept in a sufficient state of cleanliness
at all times and so as not to attract vermin or insects and so as
to avoid litter. Provision shall be made for the capture, collection
and removal of ash, drippings, bits of food, and other detritus associated
with the cooking process in such a manner that the same shall not
fall upon the ground.
3.
Outdoor cooking devices shall be enclosed by fencing using concrete-filled
bollards as fence posts for protection from vehicular traffic and
for restriction of pedestrian access. In the event that an outdoor
cooking device is subjected to graffiti or otherwise vandalized, immediate
steps shall be taken to remove the same and remedy the situation.
No signs or banners of any kind (other than a discrete manufacturer's
name plate and technical data) may be affixed on or to the cooking
device or surrounding equipment unless approved as part of the sign
regulations applicable to the property where situated or otherwise
in compliance with the City's sign regulations.
4.
Outdoor cooking devices must be fueled via dedicated underground
natural gas lines; no propane tanks or other removable tanks shall
be permitted for fueling outdoor cooking devices.
5.
Outdoor cooking devices shall not be installed and/or maintained
in any one (1) or more marked parking places on the property where
situated if to do so will reduce the number of parking spots provided
on the property to a number below that required by the City's Municipal
Code.
6.
An outdoor cooking device must be located at least three hundred
(300) linear feet distant from any residential zoning district lying
adjacent to the property where situated.
7.
An outdoor cooking device must be located: (i) at least fifty
(50) linear feet distant from the closest exterior portion of any
wall (including any window or door opening on or within the wall)
of any building(s) within the property where situated, or (ii) if
there is a sidewalk alongside and serving any building(s) within the
property where situated, then at least fifty (50) linear feet from
the outside edge (the edge closest to the street or parking lot) of
any such sidewalk alongside and serving any building(s) within the
property where situated; provided that, upon request of the person
or entity making application for a permit under this Section, an outdoor
cooking device may be located less than fifty (50) linear feet distant
from the closest exterior portion of the wall of the building(s) or
the closest sidewalk alongside and serving such building(s), subject
to the outdoor cooking device being located to the rear of the building(s)
and subject to the approval of the City and the Fire Marshal with
jurisdiction over the property where the building(s) is (are) located.
8.
In addition to the foregoing safety standards, construction
and placement of outdoor cooking devices shall comply with all applicable
fire and building codes.
G.
Revocation Of Permit. If, in the opinion of the
City, an outdoor cooking device is operated in a manner that is detrimental
to the area by allowing unreasonable, excessive, prolonged, or disturbing
odor or smoke so as to unreasonably disturb any person or property,
the City may revoke or amend the permit to operate the outdoor cooking
device and abate the nuisance created thereby in accord with the procedures
of this Section. Any person or entity aggrieved by any determination
of the City pursuant to this Section may appeal the decision to the
City Administrator by filing with the City Administrator a written
request therefor stating wherein and why the decision is in error
and specifying the facts in support of the appellant's position within
five (5) days of the decision. Judicial review of the City Administrator's
decision may be had by filing a petition therefor pursuant to Chapter
536, RSMo., in the Circuit Court for St. Louis County, Missouri, within
ten (10) days of the manager's decision.
I.
Wherever the word "City" is used herein, such shall mean the City
Administrator or his/her designee.
[Ord. No. 06-1681 §1, 6-19-2006]
A.
The
City Engineer and the Chief of Police and their duly authorized representatives
are directed to enforce the provisions of this Article.
B.
Right Of Entry.
1.
The City Engineer, Chief of Police or their respective agents may
enter, at all times, in or upon any private or public property of
any person for the purpose of inspecting and investigating any condition
or equipment which the City Engineer shall have cause to believe to
be an air contaminant source. No person shall refuse entry or access,
requested for purposes of inspection under this Section, to any such
official or authorized agent in carrying out the inspection. Should
such right of entry be denied at any instance, such official may invoke
the aid of the Police Department to enforce such right.
2.
The agents may inspect, at any reasonable time and in a reasonable
manner, any equipment, control apparatus, fuel, matter or thing which
affects or may affect the emission of air contaminants including,
but not limited to, the premises where the equipment, control apparatus
or fuel is used.
3.
The agents may inspect, at any reasonable time and in a reasonable
manner, any record relating to a use of equipment or control apparatus
that affects or may affect the emission of air contaminants.
4.
The City may, from time to time, require routine or incident related
testing for the purpose of determining violation of this Article.
If such tests are required, the industry tested shall be required
to reimburse the City for the costs of conducting those tests.
5.
The City Engineer shall have the right to install flow-measuring
equipment or to require the discharger to install such equipment.
[Ord. No. 06-1681 §1, 6-19-2006]
A.
Any person convicted of a violation of any provision of this Article shall be subject to punishment as provided in Section 100.100 of this Code.
B.
Continued
violation of the air pollution provisions of this Article may lead
to an order to close the facility until provision is made to control
the problem.
[Ord. No. 06-1681 §1, 6-19-2006]
In addition to the penal remedies, penalties, fines, cessation of business and revocation provisions contained in Section 215.170 of this Code, the City shall have the express authority to sue any person subject to the provisions of this Article. Such suit shall be brought in a court of competent jurisdiction and may include the penalties provided in such Article.
