[HISTORY: Adopted by the Rochester City Council
4-24-1951. Amendments noted where applicable.]
GENERAL REFERENCES
Enforcement procedures — See Ch. 52.
When used in this chapter, the following terms
shall have the following respective meanings:
A locomotive firebox from which the fire, coal and ashes
have been completely withdrawn or extinguished.
Any furnace, incinerator, refuse-burning equipment, boiler,
apparatus, device, mechanism, stack or structure (except a railroad
locomotive) or fuel-burning equipment used in the process of burning
fuel or combustible material.
The Commissioner of Neighborhood and Business Development
of the City of Rochester or his or her legally designated representative.
[Amended 1-23-1968 by Ord. No. 68-18; 2-10-1981 by Ord. No. 81-45; 2-24-1981 by Ord. No. 81-55; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179]
Smoke which has a density of No. 2 or greater as established
by the Ringelmann Chart.
Gasborne and airborne particles larger than one micron in
mean diameter.
Any device for separating dust from the gas medium in which
it is carried.
Gases or vapors that are of such character as to create an
unclean, destructive, offensive or unhealthful condition.
A vehicle operating on rails by self-contained motive power.
A solid fuel, the volatile content of which is 23% or less
on a moisture-free basis.
Any bonfire, open incinerator basket or any fire wherein
the products of combustion are emitted directly into the open air
and not directed through a stack or chimney.
Person or persons, firm, corporation, institution, partnership,
copartnership, organization, association, companies, syndicates or
any other group or groups of organized or unorganized individuals
and shall include masculine, feminine, singular and plural in any
circumstances.
A boiler used separately or in connection with a power shovel,
road roller, hoist, derrick or a pile driver; also tar kettles, asphalt
kettles and other portable equipment capable of emitting smoke.
That chart as now used and published by the United States
Bureau of Mines to determine the density of smoke.
All gaseous products of combustion, together with carbon,
soot, fly ash and all other particulate solids in combustion gases.
Agglomerated particles consisting essentially of carbonaceous
materials.
An instrument for determining the density of smoke by comparison
with smoke glass of definite light-absorbing power.
For the purpose of grading the density of smoke,
the Ringelmann Chart, as now published and used by the United States
Bureau of Mines, which is hereby made a part of this chapter, shall
be the standard. However, the umbrascope readings of smoke densities
may be used when correlated with the Ringelmann Chart.
Dense smoke is hereby declared to be a nuisance,
and the emission or escape thereof from any locomotive, tug, boat,
stack, chimney or flue of any premises, building, fuel-burning equipment,
roundhouse, portable equipment or other similar contrivance or from
any open fire shall be unlawful; provided, however, that the following
exceptions to the provisions of this section shall be permitted.
A.Â
Exception No. 1.
[Amended 1-23-1968 by Ord. No. 68-18; 6-27-1985 by Ord. No. 85-263]
(1)Â
In the operation of stationary or portable combustion
equipment, allowance shall be made for periods of dense smoke emission
as follows:
(2)Â
In the event of an emergency affecting the procurement
of satisfactory fuels or suitable combustion equipment or unavoidable
failure or breakdown of combustion equipment which tends to produce
unlawful emission of smoke, the person directly in responsible charge
of such equipment shall immediately notify the Commissioner of Neighborhood
and Business Development of such emergency, failure or breakdown,
together with all pertinent facts pertaining thereto, and shall also
report when such emergency or defect has been removed. Immunity from
prosecution under such circumstances shall be at the discretion of
the Commissioner of Neighborhood and Business Development, but in
no event shall such immunity from prosecution be granted more often
than three times in any twelve-month period for any particular combustion
equipment.
[Amended 6-16-2009 by Ord. No. 2009-179]
B.Â
Exception No. 2. In the operation of solid-fuel-fired
steam locomotives, allowance shall be made for periods of dense smoke
emission as follows:
(1)Â
One and only one allowance, not to exceed a continuous
period of 10 minutes, shall be made for cleaning, withdrawing or extinguishing
the fire in any particular locomotive at a roundhouse, terminal or
firecleaning station in any 24 hours.
(2)Â
One and only allowance, not to exceed a continuous
period of 10 minutes, shall be made for building a wholly fresh fire
in any particular locomotive having a "cold firebox" in any 24 hours.
(3)Â
In operating service, whether moving or standing,
allowance shall be made for any period of dense smoke emission of
not more than two minutes per hour in the aggregate.
A.Â
No person shall cause, suffer or allow to be emitted
into the open air from any fuel-burning equipment or premises, or
to pass a convenient measuring point nearest to the stack outlet,
dust in the gases to exceed 0.85 pounds per 1,000 pounds of gases,
adjusted to 50% excess air for products of combustion, excepting that
for fuel-burning equipment or premises constructed subsequent to the
effective date of this chapter, a minimum dust-collecting efficiency
of at least 85% shall be required for special dust-separating equipment,
and that for fuel-burning equipment or premises constructed prior
to the effective date of this chapter, a minimum dust-collecting efficiency
of at least 75% shall be required for special dust-separating equipment.
The limitations given shall be waived during periods when breakdown
of equipment occurs such as to make it evident that the emission was
not reasonably preventable. The amount of solids in the gases shall
be determined according to the Test Code for Dust-Separating Apparatus
of the American Society of Mechanical Engineers, revised and amended
to date, which is hereby made a part of this chapter by reference.
B.Â
Acid or other fumes, noxious gases, strong odors,
dust, dirt, soot, cinders and fly ash, emitted or allowed to escape
in such quantity or volume as to be detrimental to the public or to
endanger the health and safety of the public or to cause the injury
or damage to the property or business of any person, are hereby declared
a nuisance, and the emission or escape thereof from any locomotive,
tug or boat, stack, chimney or flue of any premises, building, combustion
equipment, roundhouse, portable equipment or other similar contrivance
or from any open fire shall be unlawful.
A.Â
All persons or corporations owning, operating or controlling
steam railroads or locomotives, when operating in the City of Rochester,
shall use a low-volatility solid fuel or mechanical fuel-burning equipment
or locomotives equipped with a device or devices which prevent the
emission of smoke of an unlawful density; provided, however, that
all yard and regularly assigned transfer steam locomotives shall,
when operating within the City limits, be equipped with a device or
devices which prevent the emission of dense smoke.
B.Â
On and after December 31, 1952, it shall be unlawful
to operate, for transfer, yard or switching operations within the
City of Rochester, steam locomotives using solid fuel.
C.Â
On and after December 31, 1952, it shall be unlawful
to repair, service or clean steam locomotives or withdraw or extinguish
fires or start wholly fresh fires in steam locomotives in the open
air within the limits of the City of Rochester. All buildings in which
steam locomotives are repaired, serviced, cleaned or housed and in
which fires are withdrawn, extinguished or started shall be equipped
with a "direct steaming" or "fuelless" system or a collector and gas-washing
system to prevent the visible products of combustion, either from
solid or liquid fuel, from being expelled into the atmosphere.
[Amended 9-28-1965; 1-23-1968 by Ord. No. 68-18; 6-27-1985 by Ord. No. 85-263; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No.
2009-179]
No person shall in any manner hinder, obstruct,
delay, resist, prevent or in any way interfere or attempt to interfere
with the Commissioner of Neighborhood and Business Development or
his or her duly authorized representatives in the performance of any
duty herein enjoined, nor refuse to permit them to perform their duties
by refusing them, or any of them, entrance to any premises at reasonable
hours, or refuse to permit the inspection or examination of such building,
establishment, premises, enclosure, combustion equipment or locomotive
for the purpose of the enforcement of this chapter.
[Amended 9-28-1965; 7-22-1969 by Ord. No. 69-329]
Any person, firm or corporation, violating any
of the provisions of this chapter, shall be punished upon conviction
by a fine not exceeding $150 or by imprisonment not exceeding 15 days,
or by both such fine and imprisonment, or by a penalty not less than
$25 nor more than $500 to be recovered by the City of Rochester in
a civil action. Each day's violations shall be considered a separate
offense.
Should any section, paragraph, sentence, clause
or phrase in this chapter be declared unconstitutional or invalid
for any reason, the remainder of the chapter shall not be affected
thereby and shall remain in full force and effect, and to that end,
the provisions of this chapter are declared to be severable.
