[HISTORY: Adopted by the City Commission of the City of Royal Oak 1-27-1925
by Ord. No. 130. Amendments noted where applicable.]
A.
The emission of dense smoke within the City of Royal
Oak from the smoke stack of any locomotive, steam roller, steam derrick, steam
pile driver, tar kettle, or other similar machine or contrivance, or from
the smoke stack or chimney of any building or premises excepting for a period
or periods aggregating not to exceed six minutes in any one hour, whether
consecutive or not, or during which the fire box is being cleaned out or a
new fire being built therein, is hereby declared to be a nuisance and may
be abated by the Building Inspector or by anyone whom he may duly authorize
for such purpose. Such abatement may be in addition to the fine hereinafter
provided. Any person, firm or corporation owning, operating or in charge or
control of any locomotive, steam roller, steam derrick, steam pile driver,
tar kettle, or other similar machine or contrivance, or of any building or
premises, who shall cause or permit the emission of dense smoke within the
City from the smoke stack or chimney of any such locomotive, steam roller,
steam derrick, steam pile driver, tar kettle or other similar machine or contrivance,
or from the smoke stack or chimney of any building or premises so owned or
controlled or in charge of him, her or them excepting for a period or periods
aggregating not to exceed six minutes in any hour whether consecutive or not,
or during which the fire box is being cleaned out or a new fire being built
therein, shall be deemed guilty of a violation of this chapter and, upon conviction
thereof, shall be fined not less than $10 nor more than $100 for each offense,
and each day of such emission of dense smoke shall constitute a separate offense.
B.
Flats and apartment houses shall be subject to the provisions
of this chapter, but the same shall not apply to buildings used exclusively
for private residences.
A.
For the purpose of testing and grading the density of
smoke, the Ringelmann Smoke Chart as published and used by the United States
Geological Survey shall be the standard of observation and comparison, and
smoke shall be considered and hereby is deemed to be "dense" when it is of
a degree of density of No. 3 of said chart or greater, for more than six minutes
in any one hour, from any smoke stack, chimney or other structure for the
purpose of emitting smoke, whether such period of time is consecutive or not.
B.
A copy of such chart shall be kept at all times in the
office of the City Clerk and shall be open to public inspection at reasonable
hours.
A.
It shall be the duty of the Building Inspector to enforce
the provisions of this chapter and to investigate all complaints made with
reference to any violations thereof. Upon the filing with said Building Inspector
of a complaint, it shall be his duty to proceed at once either by himself
or by such of his assistants as he may direct to take observations of smoke
stacks or chimneys complained of, testing and grading the density of smoke
by said Ringelmann Smoke Chart, and it shall be his duty to keep a record
of such observations, which record shall be open to public inspection at all
reasonable times and under reasonable regulations.
B.
It shall further be the duty of the Building Inspector
to prosecute all persons, firms or corporations violating the provisions of
this chapter regulating the emission of smoke.
