The purpose of this Chapter is to provide supplemental legal authority to regulate the use of real property which, in the determination of the City made in accordance with the provisions of this Chapter, results in the creation of fugitive dust in such amounts and in such a manner as to constitute a public nuisance and/or results in the dispersal of mud, dirt or crushed rock on the public right-of-way.
The City Council hereby finds and declares that fugitive dust and the dispersal on the public right-of-way of mud, dirt and crushed rock resulting from the industrial and commercial use of real property constitutes a hazard to the public health, causes the depreciation of real estate values, impairs the ability of local industry to maintain precision manufacturing tolerances, reduces tax receipts by impairing the tax base, causes blight, imposes costs for additional public services and maintenance of public rights of way, creates traffic hazards and is otherwise a public nuisance.
The provisions of this Chapter shall not be construed to conflict with the provisions of the Clean Air Act (42 United States Code Section 7401 et seq.) and the provisions of Parts 3, 4 and 5, Division 26 of the California Health and Safety Code (commencing with Section 40000 et seq.). To the extent of any such conflict, it shall be resolved in favor of federal and state statutory authority.
The provisions of this Chapter shall not apply to any property used for agricultural, residential or recreational — open space purposes. Classification of any property in the Residence Districts, Commercial Recreation District or Nursery District under the provisions of the Zoning Code of the City of San Leandro shall be prima facie evidence of exemption under this Chapter.
The following words and phrases are defined as follows:
is that base treatment or surface material which in the opinion of the City Council upon competent evidence thereof, will to the extent feasible prevent the entrainment of fugitive dust from the source.
shall mean solid particulate matter emitted from any source other than a stack or chimney and created by natural forces, construction work, mechanical processes, or movement of motor vehicles.
shall mean any material, except unadulterated water, that exists in a finely divided form as a liquid or solid.
shall mean that real property which is the point of entrainment of fugitive dust.