Loading...
HomeMy WebLinkAboutOrdinance No. 382d W r ORDINANCE N0, 362 AN ORDINANCE PROVIDING FOR THE ALLEVIATION OF AIR POLLUTION AND PROVIDING PENALTIES FOR VIOLATIONS OF THE TERMS AND CONDITIONS OF THIS ORDINANCE. The City Council of the City of Azusa does ordain as follows: ARTICLE _I GENERAL PROVISIONS Section 1*"Article" means an article of this ordinance unless some other ordinance or statute is mentioned. 1 Section 2. "Council" means the City Council of the City of Azusa in Los Angeles County, California. Section*"Director" means the director of Air ollution Control provided for in this ordinance. Section 4 "Ordinance" means an ordinance of the City of Azusa, Los Angeles County, California. Section 5. "Person" means any individual, firm, co -partnership, point adventure, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this, and any other county, city and county, municipality, district or other political sub- division, or any other group or combination acting as a unit, and the plural as well as the singular number. -1- Section 6. "Section" means a section of this oror i—ctnance unless some other ordinance or statute is mentioned. Section 7. "Shall" is mandatory and "may" is permissive. Section 8. Whenever a power is granted to, or a duty is imposed upon, the Director, or any other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this ordinance expressly provides otherwise. Section 9. 1 The present tense includes the past and future tb..nses, and the future the present. Section 10. The masculine gender includes the feminine. Section 11. The singular number includes the plural, and the plural the singular. Section 12. The prohibitions of this ordinance do not apply to any action either positively permitted or pro- hibited by constitutional provision or by general law. Section 13. if.any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, and the appli- cation of such provision to other persons or circumstances shall not be affected thereby. Section 14. Any person violating any of the provisions of this ordinance is guilty of.a misdemeanor and upon con- viction thereof, shall be punishable by a fine of not to exceed Two Hundred 1)ollars($200.00)and not less than Five Dollars ($5.00). Each separate day or any portion thereof -2- during which any violation of continues shall be.deemed to and upon conviction therefor provided. this ordinance occurs or constitute a separate offense, shall be punishable As herein ARTICLE II REGUI ATI ONS Section 15. Every person is guilty of a misdemeanor w o ,either by himself, his employee or agent, or as an employee or agent of another,, causes, suffers, or permits to be discharged from any source whatsoever, any smoke, dust, soot or fumes for a period or periods aggregating more than three minutes in any one hour which is: (a) Equal to or greater in density than that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Dines, or (b) So dense as to obscure the passage of light to a degree equal to or greater than does smoke described in subsection (a) of this section. Section 16. Every person is guilty of a misdemeanor who, either by himself, his employee or agent, or as an employee or agent of another, causes, suffers, or permits to be dis- charged from any source whatsoever such quantities .of charred paper, smoke, dust, soot, grime, carbon, noxious acids, fumes, gases, particulate matter, or other material which cause injury, detriment., nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such persons or the public or which mause or have a natural tendency to cause injury or damage to business property. Section 17. The provisions of Section 15 do not apply to the use of an orchard or citrus grove heater which: (a) Does not produce unconsumed solid carbonaceous matter at a rate in excess of one (1) gram per minute, and (b) If petroleum, or any product thereof is used as fuel, does. not produce products of.combustion arising therefrom containing unconsumed solid carbonaceous matter in excess of twenty (20) grams per pound of fuel consumed. -3- Section 18*This ordinance does not apply to smoke from fires set by or permitted by the Fire Department of the said City of Azusa for the purpose of weed abatement, the prevention of a fire hazard, or the instruction of members of said Fire Department in the methods of fighting fire. Section 19. The Director, during reasonable hours, for the purpose of enforcing or administering this ordinance, may enter every building, premises, or other place, except a private residence. Every person is guilty of a misdemeanor who in any way denies, obstructs, or hampers such entrance. ARTICLE III VARIATIONS. Section 20. The provisions of this ordinance do not prohibit the discharge of matter to a greater extent or for a longer time, or both, than permitted by Article II, if not of a greater extent or longer time than the Director finds necessary pursuant to the provisions of this article. Section 21. The Director on his own motion or at the request of.any person may hold a hearing to determine under what conditions and to what extent the discharge of matter to a greater extent or for a longer time or both than that permitted by Article II is necessary. Section 22. If the Director finds that because of conditions beyond control, necessary equipment is not obtainable with which to make changes necessary to reduce such discharge in (extent or time, or both, to that permitted by Article II, he may.prescribe other and different standards applicable to plants and equipment operated either by named classes of industries or persons, or to the .operations of separate persons. Section 23. If the Director finds that the burning of rubbish or refuse is necessary to prevent a fire or health STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS I, Mae A. Hynes, City Clerk of the City of Azusa, Los Angeles County, California, do hereby certify that the foregoing Ordinance was duly introduced, placed upon its first reading and fully read at a regular meeting of the City Council of the City of Azusa held on June 17, , 1946, in the regular Council Chambers of said City Counc in said City; that thereafter said Ordinance was duly and regularly passed and adopted by said Council, signed and approved by the Mayor and attested by the City Clerk of said City, at a Regular ,meeting of said Council soo-.c -in the regular Council Chambers of said City Council on hJ&ly.`..1,tlrel946, and that the same was passed and adopted by the following vote of the Council: AYES: Councilmen: Nasser, Memmesheimer, IJlalone, Lamm. NOES: None ABSENT: Councilman: Jumper I DO FURTHER CERTIFY that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic on -� July _11 ,1646, a newspaper of general circulation, pr?nted, pub Lish—e�'and circulated in said City of Azusa, and that the same was published in accordance with law. MAE A.ES City Clerk of the C ty of Azusa SECTION 22. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published once in the Azusa Herald and Pomotropic, a weekly newspaper published and.circulated in said City of Azusa and thereupon and thereafter the same shall take effect and be enforced. I HEREBY CERTIFY that the foregoing ordinance was. adopted at a regular meeting of the City Council of the City of Azusa held on the /'- day of July, 1946, by theffb1loftng vote of the Council, to -wit: AYES: Councilmen Nasser, Memmesheimer, Malone, Lamm. NOES: None ABSENT: Councilman Jumper. A. Hynes City Clerk of the C ty of Azusa this _day of July, 1946 I U'l' k .. JJC 11 Mayor f the Ci .y of Azusa. -5-