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[1] Editor's Note: Former § 216-21, Review by Planning Board, was repealed 9-17-1996, effective 9-18-1996.

[1] Editor's Note: Former § 216-22, Bond and grading plan, was repealed 9-17-1996, effective 9-18-1996.

[1] Editor's Note: Former § 216-23, Issuance of license; duration, was repealed 9-17-1996, effective 9-18-1996.

[1] Editor's Note: Former § 216-24, License renewal, was repealed 9-17-1996, effective 9-18-1996.

[1] Editor's Note: Former § 216-25, Revocation, was repealed 9-17-1996, effective 9-18-1996.

[1] Editor's Note: Former § 216-26, Additional remedies, was repealed 9-17-1996, effective 9-18-1996.

[1] Editor's Note: Former § 216-27, Prohibited acts, was repealed 9-17-1996, effective 9-18-1996.

[1] Editor's Note: Former § 216-28, Penalties for offenses; rewards, was repealed 9-17-1996, effective 9-18-1996.

[1] Editor's Note: Former § 216-29, Cessation of operation, was repealed 9-17-1996, effective 9-18-1996.

[Adopted 7-3-1990, effective 7-3-1990; amended in its entirety 3-19-1991, effective 3-28-1991]

[Amended 9-17-1996, effective 9-18-1996] A. The Common Council determines that the production by business, commercial or manufacturing establishments of offensive or noxious odors is a detriment to the comfort, convenience, safety, health and welfare of the citizens of the city. The Common Council determines that no reliable scientific objective standard or test for the existence of an offensive or noxious odor exists in present-day science or technology. The Common Council further determines that the detriment to the comfort, convenience, safety, health and welfare of the citizens of the City caused by offensive or noxious odors emanating from a business, commercial or manufacturing establishment may, under certain circumstances, be outweighed by and m...

[1] Editor's Note: Former § 216-31, Definitions, was repealed 9-17-1996, effective 9-18-1996.

[Amended 9-17-1996, effective 9-18-1996] Whenever a petition, as specified in this article, is submitted to the City Clerk stating that a use undertaken in an impact area is creating or has created offensive or noxious odors, that use may continue without modification until the Common Council may authorize and direct the approval, the approval with conditions or the denial of the issuance of a regulated use permit pursuant to the provisions of this article. A. Should the Common Council deny issuance of such a regulated use permit, the owners of such an establishment shall cause the operation of the establishment to terminate within the number of calendar days prescribed by the Common Council for such termination. B. Should the Common Council determine ...

[Amended 9-17-1996, effective 9-18-1996] In making a determination under § 216-32 of this article, the Common Council shall consider the following factors and make specified findings thereon: A. Whether the use complained of in the petition predated the owners' affected uses (including residential uses) of their properties. B. The economic impact on the commercial user and the City and its citizens of denying the use or permit or approving it with conditions, including jobs lost, reduction in the taxable assessment base and the like. C. Whether the owners' loss of comfort can be compensated for without the termination of or modification of activities by the commercial user.

[Amended 9-17-1996, effective 9-18-1996] When the Common Council shall determine that there appears to have been properly filed by the appropriate minimum number of owners within the impact area a petition or petitions as herein prescribed, the Common Council shall, by resolution, designate a hearing or hearings to be conducted by the Council in accordance with this section and upon notice as hereinafter provided. A. Service of notice. (1) A notice of the hearing to be held shall be published in a newspaper of general circulation at least 10 but not less than five days before the hearing or hearings, specifying the purpose of the hearing and its date, time and place. Such a notice shall also be required to be sent by the ordinary mail within the same t...

If any portion of this article is declared unconstitutional, such a declaration shall not affect the constitutionality of any remaining portion.

The approval by the Common Council of these amendments shall not affect in any way the validity of any petition or petitions submitted prior to the approval of these amendments.

[Amended 9-17-1996, effective 9-18-1996] Whenever the Common Council has determined by resolution, pursuant to Section 32 of the Charter of the City of Buffalo, that the operation of an establishment shall terminate within a number of calendar days and the operation is not terminated within that number of days, or when the Common Council by resolution, pursuant to Section 32 of the Charter of the City of Buffalo, has determined that a regulated use permit issued in accordance with the provisions of this section should be revoked, the Corporation Counsel shall bring and maintain a civil proceeding in the name of the city, in the Supreme Court of the County of Erie, for a judgment permanently enjoining the operation of the establishment from which offensiv...

[Adopted 10-13-1992, effective 10-22-1992]

[Amended 9-17-1996, effective 9-18-1996] The reduction of the amount of solid waste and the conservation of recyclable material are important public concerns. The separation and collection of newsprint, paper, cardboard, glass, aluminum containers, metal cans, plastic containers, vegetative yard waste and other material for recycling from residential and commercial users in the City will protect and enhance the city's physical and visual environment. Such source separation and collection of recyclable material will promote the health, safety and well-being of persons and property within the City by minimizing the potential adverse effects of overusing landfills through reduction of the need for landfills and conservation of existing landfill capacity, fa...