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?.y. <br />?... <br />Ordinance No. 2006-179 <br />SECTION 1: That Section 521.09 of Chapter 521 (Health, Safety and Sanitation) <br />of the General Offenses Code, which presently reads as follows: <br />521.09 NOXIOUS OR OFFENSIVE ODORS. <br />(a) No person shall erect, continue, use or maintain a dwelling, building, <br />structure or place for a residence or for the exercise of a trade, employment or <br />business, or for the keeping or feeding of an animal which, by occasioning noxious <br />exhalations or noisome or offensive smells, becomes injurious to the health, comfort or <br />property of individuals or of the public. <br />(b) Whoever violates this section is guilty of a misdemeanor of the third <br />degree. <br />BE AMENDED, AND, AS AMENDED, SHALL READ AS FOLLOWS: <br />521.09 NOXIOUS, OFFENSIVE AND NUISANCE ODORS. <br />(a) No person shall erect, continue, use or maintain a dwelling, building, <br />structure or place for a residence or for the exercise of a trade, employment or <br />business, or for the keeping or feeding of an animal which, by occasioning noxious <br />exhalations or noisome or offensive smells, becomes injurious to the health, comfort or <br />property of individuals or of the public. <br />(b) No person shall cause or allow the emission of air contaminants into <br />the atmosphere from anv air contaminant source or control equipment which <br />render the ambient air beyond the propertv line of the air contaminant source or <br />control equipment unreasonablv odorous bv iniuring the public health, safetv or <br />welfare_or b_y substantially interfering with a person of ordinary sensibilities' <br />comfortable enjoyment of life, health, property and/or safetv. A violation of this <br />section is hereby found and declared to be a public nuisance. It shall be unlawful <br />for any person to cause, permit or maintain any such public nuisance. <br />(c) Derinitions: For purposes of paragraph (b), the following terms are <br />defined as follows: <br />(1) "Air contaminant" means particulate matter, dust, fumes, gas, <br />mist, smoke, vapor, or odorous substances or anv combination thereof. <br />(2) "Air contaminant source" means each separate operation or <br />activitv that results or mav result in the emission of any air contaminant. <br />(3) "Ambient air" means that portion of the atmosphere outside <br />buildings and other enclosures, stacks, or ducts that surrounds human, animal life, <br />or property. <br />(4) "Emit" or "Emission" means the release either directly or <br />indirectly into the ambient air of an air contaminant.