Chapter 8.20


8.20.010  Definitions.

8.20.020  Fertilizer gases declared nuisance--Unlawful.

8.20.030  Location near residential facilities prohibited.

8.20.040  Violation--Penalty.

8.20.050  Violation--Civil actions.

8.20.010 Definitions.

When used in this chapter, the following terms shall, unless the context otherwise indicates, have the following respective meanings:

A.  “Fertilizer” includes anhydrous ammonia or any other fertilizer of which ammonia is a component.

B.  “Person” means an individual, a corporation, a partnership, an association, a joint stock company, a trust or any unincorporated organization.  (Ord. 256 §1, 1992)

8.20.020 Fertilizer gases declared nuisance--Unlawful.

The odors arising from the use and storage of anhydrous ammonia and other liquid or gaseous fertilizers which are allowed to escape into the air are declared to be obnoxious and offensive odors and said gases carrying obnoxious and offensive gases which annoy, injure or endanger the comfort, repose, health and safety and render insecure the life and use of property of a substantial number of citizens of the town of Wilbur; that the escape into the air of said gases and odors is declared to be a public nuisance and it shall be unlawful for any person to cause or permit any such obnoxious or offensive odors or gases to escape into the air.  (Ord. 256 §2, 1992)

8.20.030 Location near residential facilities prohibited.

No anhydrous ammonia fertilizer plant, or storage or sale facility, shall hereafter be located within three hundred feet of any residential property or residence.  “Residential property” as used in this section shall mean the property boundary of a tract which includes a residential unit, thereon including house, trailer, apartment or motel.  “Plant” shall mean a business location where the retail or wholesale sale and delivery of anhydrous ammonia takes place and would include a location where anhydrous ammonia is in any amount present even if temporarily contained on or within a motor vehicle or machine owned by the plant operation.  (Ord. 256 §7, 1992)

8.20.040 Violation--Penalty.

Any person violating or failing to comply with any of the provisions of this chapter shall be deemed to have committed a civil infraction punishable by a fine as set forth in Section 1.08.030.  Each day on which any violation shall occur shall be considered a separate violation.  (Ord. 376 §10, 2001:  Ord. 367 §15, 2001:  Ord. 256 §3, 1992)

8.20.050 Violation--Civil actions.

Nothing contained in this chapter shall be construed to debar the town from instituting and maintaining civil actions, or from the employment of extraordinary civil remedies for the abatement of nuisances or for any or all injury or damages occasioned thereby.  (Ord. 256 §4, 1992)