L-4 AIR POLLUTION

L-4-1 PURPOSE

The purpose of this chapter is to establish that it be the public policy of the City of Fort Pierre to achieve and maintain reasonable levels of air quality which will protect human health and safety, prevent injury to plant and animal life and property, foster the comfort and convenience of its inhabitants, promote the economic and social development of the City of Fort Pierre, and, to the greatest degree practicable, facilitate the enjoyment of the natural attractions of the City of Fort Pierre.

Authority: SDCL 9-19-3, 9-32-1, 34A-1-1

L-4-2 BURNING REFUSE

A. It is unlawful to light or maintain any fire anywhere in the City, except as noted in sections B and C below, so close to any building or structure or any flammable material other than that to be burned so as to cause a fire hazard.

B. The City Council shall specify when any and all leaves, bonfires, and outdoor rubbish fires may be permitted.

C. If a building is to be burned under the supervision of the Fire Department, the owner(s) shall obtain a demolition permit, signed by the Director of Public Works or his designee and the Fire Chief, as set forth in the Uniform Building Codes, and any amendatory acts thereof, adopted pursuant P-1-1. Before issuing said demolition permit the Director of Public Works or his designee must be satisfied that utilities and adjacent properties are not endangered.

D. The burning of garbage or refuse that smolders or gives off noxious odors is prohibited.

Source:

Authority: SDCL 9-33-1, 34A-1-18

L-4-3 DUST AND PARTICULATE

It is unlawful to operate batch plant for concrete or bituminous paving production, or other operation involving stockpiling or dust generating activities, without receiving prior approval from the EPA and taking every precaution to minimize release of dust and dirt into the air.

Source:

Authority: SDCL 9-19-3, 9-29-13

L-4-4 AUTHORITY

The Public Works Department may require watering or may suspend operations if dust is released in such quantities that human health and safety are jeopardized. After reasonable notice to any person or persons in violation of this ordinance, the Director of Public Works or his designee may enter the premises and distribute water or take other measures reasonably necessary to prevent damaging release of dust, and the cost of such measures shall be defrayed by taxing the cost thereof by special assessment against the real property on which the nuisance occurred to the property owner as provided for removal of weeds.

Source:

Authority: SDCL 9-29-13, 9-32-1, 21-10-6

L-4-5 ODORS

It is unlawful to emit or cause to be emitted into the atmosphere foul, noxious, or nauseating odors other than those released as a result of common biological processes by humans or domestic animals.

Source:

Authority: SDCL 9-29-13, 9-32-1

L-4-6 GASES

It is unlawful to release or cause the release of any gaseous matter that is flammable, toxic, or corrosive into the atmosphere.

Source:

Authority: SDCL 9-32-1

L-4-7 VIOLATION

Any person in violation of any section within this chapter shall be guilty of a misdemeanor and upon conviction shall be penalized as provided in chapter T. Each day’s violation, failure, refusal, or neglect to comply with any provision of this chapter or regulation promulgated thereunder shall constitute a separate and distinct offense.

Authority: SDCL 9-19-3

L-4-8 SEVERABILITY

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstance shall not be affected thereby.