Sec. 376.104. - Definitions.

In this Chapter, unless the context otherwise requires: (a) Board means the Environmental Protection Board. (b) Director means the Director of Neighborhoods. (c) Department means the Neighborhoods Department. (d) Objectionable odor means an irritating, malodorous or nauseous odor which, by itself, or in combination with other odors, fumes or gases exists in the atmosphere in sufficient quantities and of such duration: (1) Exceeds an acceptable level established by the Board under its rulemaking authority; or (2) Is irritating, annoying or offensive to a person of normal sensibilities; or (3) Is injurious to human, plant or animal life; or (4) Unreasonably interferes with the comfortable use and enjoyment of life or property or the conduct of business. However, if a person alleged to have caused an objectionable odor shows that an emission is made in compliance with odor emission standards, ambient odor standards, odor incineration standards, an odor compliance plan or a consent order with respect to odor, such emission shall not be deemed an objectionable odor; provided, however, that nothing contained herein shall be construed to prohibit abatement of or enforcement against objectionable odors from a source or sources not specifically regulated or not in compliance with the above mentioned standards, compliance plans or consent orders. (e) Odor means a sensation resulting from stimulation of the human olfactory organ or a quantifiable level of chemical, fume or gas which has been established by standards of the Board to constitute an odor. (f) Person has the meaning given to it in Section 2.101 (g), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the State, or of any foreign government. (g) Reduced sulfur compound means either hydrogen sulfide or methyl mercaptan, or dimethyl disulfide or dimethyl sulfide. (h) Total reduced sulfur (TRS) means the sum of the sulfur compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide. (i) Odor nuisance means the use of any property, facilities, equipment, processes, products or compounds, or the commission of any acts that cause the emission into the outdoor air of dust, fume gas, mist, odor, smoke or vapor, or any combination thereof of a character and in the quantity as to be detectable by the public at any point beyond the property limits of the premises occupied or used by the person responsible for the source thereof, and so as to affect the public in one or more of the following ways: (1) lessen the normal food and water intake of persons of normal sensitivities; (2) produce irritation of the upper respiratory tract in persons of normal sensitivities; (3) produce symptoms of nausea in persons of normal sensitivities; (4) cause injury or damage to real property, personal property, or human, animal or plant life of any kind; (5) cause harm to the health of persons of normal sensitivity; or (6) unreasonably interfere with the normal use and enjoyment of life or property. If a person alleged to have caused an odor nuisance shows that such an odor nuisance was made in compliance with odor emission standards, ambient odor standards, odor incineration standards, an odor compliance plan or a consent order with respect to odor, such emission shall not be deemed an odor nuisance. (Ord. 84-674-684, § 4; Ord. 88-117-123, § 21; Ord. 91-193-80, § 1; Ord. 94-144-121, § 7; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E , § 16)