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? <br />, <br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2006 - 179 <br />BY: Council Member Gareau <br />AN ORDINANCE AMENDING SECTION 521.09 OF CHAPTER 521 <br />(HEALTH, SAFETY AND SANITATION) OF THE GENERAL <br />OFFENSES CODE, ENTITLED "NOXIOUS OR OFFENSIVE <br />ODORS, " IN ORDER TO DEEM AS A NUISANCE CONDITION <br />EMISSIONS INTO THE ATMOSPHERE FROM ANY AIR <br />CONTAMINANT SOURCE OR CONTROL EQUIPMENT THAT <br />CAUSE OUTDOOR AIR TO BECOME UNREASONABLY <br />ODOROIIS, AND DECLARING AN EMERGENCY, AS AMENDED. <br />WHEREAS, Section 521.09 of the General Offenses Code currently prohibits the <br />occasioning of noxious exhalations or noisome or offensive smells that are injurious to <br />the health, comfort or property of individuals or the public; and <br />WHEREAS, it is the desire of this Council to deem and prohibit as a nuisance <br />condition emissions into the atmosphere from any air contaminant source or control <br />equipinent that cause outdoor air to become unreasonably odorous; and <br />WHEREAS, this Council has reviewed the air pollution controls laws of the Git? <br />Of ri°•'various cities throu2hout Ohio and specifically finds that the standards set <br />forth in these such laws objectively establish, in a manner that is beneficial to and <br />protects the health, safety and welfare of residents and others in the City of North <br />Olmsted, when such emissions cause unreasonable odor to exist upon or adjacent to <br />residential, recreational, institutional, retail and governmental property; and <br />WHEREAS, it is the desire of this Council to accordingly amend said Section <br />521.09 of the General Offenses Code so as to effectively prohibit as a nuisance condition <br />emissions into the atmosphere from any air contaminant source or control equipment that <br />cause outdoor air in the City of North Olmsted to become unreasonably odorous, thereby <br />affecting the public health, safety and welfare, and in addition adversely affecting the <br />quality of life for residential and other property owners in the City; <br />NO W THEREFORE, BE IT ORDAINED B Y THE CO UNCIL OF THE CITY <br />OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: