Chapter 8.40


8.40.010    Purpose.

8.40.020    Definitions.

8.40.030    Prohibited discharges.

8.40.040    Nuisance declared – Abatement.

8.40.050    Analysis required.

8.40.060    Exceptions.

8.40.070    Duty of control agency.

8.40.080    Right of entry.

8.40.010 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. (Prior code § 8-900)

8.40.020 Definitions.

As used in this chapter:

“Air contaminants” includes smoke, charred paper, dust, soot, grime, carbons, noxious acids, fumes, gases, mist, odors or particulate matter, or any combination thereof.

“City” refers to the city of Seaside.

“Control agency” means the county health department, with the advice and assistance of the planning commission.

“Person” includes any individual, firm, partnership, or any group or combination acting as a unit. (Prior code § 8-901)

8.40.030 Prohibited discharges.

A. 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 minutes in any one hour which is:

1. As dark or darker in shade as that designated as No. 2 on the Ringlemann 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 does smoke described in subsection (A)(1) of this section.

B. 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 and a gas pressure of 14.7 pounds per square inch absolute.

C. 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. (Prior code § 8-904)

8.40.040 Nuisance declared – Abatement.

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

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

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

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

Such discharge is declared to be a public nuisance and shall be abated. (Prior code § 8-905)

8.40.050 Analysis required.

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. (Prior code § 8-906)

8.40.060 Exceptions.

A. This chapter does not apply to 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. This chapter does not apply to 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. This chapter does not apply to smoke from agricultural fires set by, or permitted by, the county agricultural commissioner after consultation with the control agency.

D. The provisions of this chapter do not apply to dust and odors emanating from agricultural operations, the growing of crops, or raising of fowl or animals.

E. This chapter does not apply to normal residential burning. (Prior code § 8-907)

8.40.070 Duty of control agency.

The control agency shall observe and enforce all of the provisions of this chapter within the boundaries of the city. (Prior code § 8-902)

8.40.080 Right of entry.

The control agency, during reasonable hours, for the purpose of enforcing or administering this chapter, may enter any building, premises or other place, except a building designed and used exclusively as a private residence. Every person is guilty of an infraction who in any way denies, obstructs or hampers such entrance. (Ord. 623 § 2, 1982; prior code § 8-903)