5.36.010    Purpose

5.36.020    Definitions

5.36.030    Duties Of Control Agency

5.36.040    Prohibited Discharges

5.36.050    Public Nuisance

5.36.060    Analysis Required

5.36.070    Exceptions

5.36.010 PURPOSE:

The city council finds and declares that the people of the city have a primary interest in atmospheric purity and freedom of the air from undesirable air contaminants. (1972 Code § 8.24.010)


As used in this chapter, the following terms shall have the meanings ascribed to them in this section:


Includes smoke, charred paper, dust, soot, grime, carbons, noxious acids, fumes, gases, mist, odors or particulate matter or any combination thereof.


Refers to this city.


The city health department with the advice and assistance of the planning commission.


Includes any individual, firm, partnership or any group or combination acting as a unit. (1972 Code § 8.24.020)


The control agency shall observe and enforce all of the provisions of this chapter within the city boundaries. (1972 Code § 8.24.030)


A.    Air Contaminant Emission: No person shall discharge into the atmosphere from any single source of emission whatsoever any air contaminant for a period or periods aggregating more than three (3) minutes in any one hour which is:

1.    As dark or darker in shade as that designated as no. 2 on the Ringelmann chart, as published by the United States bureau of mines; or

2.    Of such opacity as to obscure an observer’s view to a degree equal to or greater than the smoke described in subsection A1 of this section.

B.    Gas: No person shall discharge into the atmosphere from any single source particulate matter in excess of 0.4 grains per cubic foot of gas at a gas temperature of sixty degrees Fahrenheit (60°F) and a gas pressure of 14.7 pounds per square inch absolute.

C.    Sulfur Compound: No person shall discharge into the atmosphere from any single source of emission whatsoever sulfur compounds exceeding 0.2 percent by volume calculated as sulfur dioxide (SO2) at the point of discharge. (1972 Code § 8.24.040)


A.    Prohibitions: No person shall discharge from any source whatsoever such quantities of air contaminants or other material as will:

1.    Cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public; or

2.    Endanger the comfort, repose, health, or safety of any such persons or public; or

3.    Cause or have a natural tendency to cause injury or damage to business or property.

B.    Nuisance Declared: Such discharge is declared to be a public nuisance and shall be abated. (1972 Code § 8.24.050)


The control agency at any time may require from any person such information or analysis as will reasonably disclose the nature, extent, quantity or degree of air contaminants which are or may be discharged from a source or sources over which such person may have control. (1972 Code § 8.24.060)

5.36.070 EXCEPTIONS1:

The provisions of this chapter do not apply to the following:

A.    Smoke from fire set by or permitted by any public officer if such fire is set or permission given in the performance of the official duty of such officer, for the purpose of weed abatement, the prevention of a fire hazard, or the instruction of public employees in the methods of fighting fire, which is, in the opinion of such agency, necessary.

B.    Smoke from fires on residential property for which an official fire permit has been granted by the fire warden or his authorized representative after consultation with the control agency.

C.    Smoke from agricultural fires set by, or permitted by, the county agricultural commissioner after consultation with the control agency.

D.    Dust and odors emanating from agricultural operations, the growing of crops, or raising of fowl or animals.

E.    Normal residential burning. (1972 Code § 8.24.070)


See also section 5.44.010 of this title.