Sec. 376.101. - Legislative findings and determinations.

The Council finds and determines as follows: (a) It is the City's responsibility to provide its inhabitants with air that is pure, wholesome and free from objectionable odors that cause distaste or annoyance or which unreasonably interfere with or impair the full use, benefit or development of the community. (b) That reduced sulfur compounds and total reduced sulfur (TRS) compounds are uniquely odoriferous in very small quantities when emitted into the air separately or in combination with other compounds, chemicals or gases. (c) That the smell associated with reduced sulfur compounds and TRS compounds has been and continues to be a source of irritation and annoyance in the City when such odors are allowed to escape beyond the property limits of the premises which emit such odors. (d) That such odors adversely impact on property values and unreasonably interfere with the health and welfare and comfortable enjoyment of life or property of the community. (e) That the normal conduct of business, living conditions and welfare of the inhabitants of the City is adversely affected by the emission of such odors. (f) That because of the unique industrial, geographic and meteorological conditions common to the community, the emission of reduced sulfur compounds and TRS compounds, particulates, gases or odors into the air or water of the City poses a clear and continuing source of irritation and annoyance. (g) That it is the responsibility of local government to prevent and control all odor emissions in the interest of the public health, comfort, safety and welfare of the inhabitants of the City. (h) That the Board shall have and exercise all reasonable and necessary power and authority to eliminate all objectionable odors including, but not limited to, those odors associated with reduced sulfur compounds and TRS, including but not limited to, those which exist outside the property limits of the premises which emit such objectionable odors, gases or malodorous compounds; which objectionable odors, gases or malodorous compounds are or may be detrimental to human, animal or plant life of any kind or which unreasonably interfere with the comfortable enjoyment of life or property or the conduct of business. (Ord. 88-117-123, § 19)