HomeMy Public PortalAboutORD04721 330 '
SECTION 15.
All ordinances, or any part of any ordinance in confiat
herewith shall be and the same is hereby repealed.
SECTION 16.
EFFECTIVE DATE
This ordinance shall be in Rill force and effect from
a d after its passage and approval and its acceptance by the
c ompen y.
Passed by the City gouncil this the 6th day of
August, 1945,
Yes se N Ow n
Jesse N. uwens
President of tAe "ouncil
Approved this 8th day of August, 1945.
Jesse N. "wens
Jesse N. Owens, Mayor
Jefferson City, M&ssouri
Attests
.a, W a Ells.
H. W. Ells, y °leek
#4721
AN ORDIN ANCE PROVIDING FOR THE ABATEMENT OF SMOKE WITHIN THE CITY OF
JEFFERSON, MISSOURI, PRESCRIBING REGULATIONS FOR THE INSTALLATION AND
OP--'RATION OF FUEL BURZING EQUIPMENT PROVIDING FOR THE APPOINTMENT OF A
SMOKE ABATEMENT ENGINEER, HIS DUTIEA-1 POWERS, AND RIGHTS- PROVIDING FOR
THE APPOINTEMNT OF AN ADVISORY BOARD; PROVIDING FOR THE JSSUANCE OF PERMITS
AND COLLECTION OF FEES THEREFOR- AND PRESCRIBING PENALTIES FOR VIOLATION
THEREOF- AND REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN
CONFLIH HEREIWTH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS?
SECTION 1. DEFINITIONS° For the purpose of this ordinance,
whenever any of the following- words or terms are used herein, they shall ha
have the meaning ascribed to them in this section.
(a) Dense Sao e: Smoke the density of which is equal to
or greater than number two density as shown by the Ringel
main :�nhok��.G`har.� us'�d•;a.nd.'pt�•trli•shec�y,by�f.t'h�':U�iitea'':�t'�t'es ' .
ureau of Mines.
(b) Cinders, Dust, Fly Ash: All solids including coke
(partly burned fuel), cinders, dust, and soot formed as
a result of the combustion of fuel, which are carried in
the gas steam ao as to reach the external air. .
(c) D ve ice: Any high or low pressure boilers, furnaces, water
heaters, stoves, oil burners, gas heating plants, stokers, or
other contrivances, inventions or artifices used for generating
heat, light, or power, incinerat6vs and air conditioning
systems.
(d) Appliances: anything applied or used as a means to sh
end. A piece of apparatus or any contrivance of invention
used in connection with heating devices.
(e) Nuisance: Anything which is injurious to health or
indecent or offensive to the senses, or an obstruction or
interference with the comfortable enjoyment of life or
property.
(f) SMgke Abatgment Eaaine__eri_ The S moke Abatement Engineer
331.
of the "ity of Jefferson, Missouri, or any of his deputies,
assistants or employees.
(g)
Person: The word "person" signifies and includes firms, corpora-
tions, companies, receivers associations executors, trustees,
guardians or agents, as we1i as individual human beings.
SECTION 2. It is hereby declared as a matter of fact that
the emission of dense smoke from any source in the city of Jefferson,
Missouri, constitutes a menace to the health of the citizens of
Jefferson City, Missouri, and to the property thereon, and that
it is the purpose of this ordinance to regulate and control the
amission of such smoke, so as to minimize the injurious effect of
such smoke upon the health and property of the citizens of the
"ity of Jefferson, Missouri.
SECTION 3. The emission or discharge of dense smoke into
the open air within the corporate limits of the City of Jefferson,
Missouri, is hereby prohibited, provided that in starting, kind-
ling or cleaning of fire in a boiler or fire box the discharge of
dense smoke shall be permitted for an aggregate time not to exceed more
than nine minutes in any one hour.
SECTION 4. The emission or discharge of dense smoke into
the open air within the corporate limits of the City of Jefferson,
Missouri, by any fuel bur:hihng equipment in any railroad locomotive
for more than one continuous minute in any one hour is hereby pro-
hibited, provided that in starting, kindling, or cleaning of fire
in ax fire box of a locomotive in a railroad roundhouse the dis-
charge of dense smoke shall be permitted for a period not to exceed
nine minutes in any one hour.
SECTI!.'N 5. any fuel burlihng plant (new, re-built, or re-
constructed) , must burn either oil of gas or be equipped with
mechanical solid fuel stokers, providing, however, that any designa-
ted fuel burning plants which meet the approval of the smoke abate-
ment ngineer and the Advisory Board may be used.
SECTION 6. The discharge of cinders, dust, fly ash, soot,
noxious gases, or nuisance substance by any heating device or fuel
burning equipment into the open air within the ity of Jefferson
in such place or manner as to cause injury, dettiment, nuisance,
or annoyance to any person or to the public or to endanger the
comfort and repose, health or. safety of any such person or in such
manner as to cause or have a natural tendency to cause injury or
damage to business or property, is hereby prohibited.
SECTION 7. No heating device or fuel burthing equipment
shall be installed, erected, reconstructed, altered or changed
until an application therefore, accomoanied by complete plane and
specifications shall be filed with the smoke Abatement Engineer,
showing the character, size, type, and make of equipment, the pro-
posed alteration and the kind of fuel to be used therein. Said
work shall not begin until such application has been approved by
the smoke Abatement Engineer, in which case he shall issue a permit
for the proposed installation or alteration. Any person as herein-
before defined who shall be dissatisfied with the decision of the
. City smoke 'Abatement Engineer shall have a right to appeal to the
Advisory oard within ten days from the date of said decision, and
said Advisory Board shall consider said appeal at its next regular
or special meeting and not later than thirty days from the date
said appeal is filed. Said 11oard shall have the right, authority,
and power to subpoena witnesses, to issue subpognaes duces tecum
and to swear witnesses. The decision of said Advisory Board shall
be final. The Smoke Abatement Engineer shall inspect such device
after the installation or alteration is completed and shall see that
the proposed work id done in accordance with the plans and speci-
fications approved.
r
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SECTION 8. The smoke Abatement Engineer shall inspect all
boilers, furnaces, heating devices or fuel burning equipment ih all
commercial, industrial, manufacturing, buildings, installed prior to
and after the passage of this ordinance. Said inspection shall be
made immediately after the passage and approval of this ordinance and at
at least once annually thereafter.
WherA any heating device or fuel burUng equipment shall-
in the proper inspection thereof, require a hammer, or dydrostatic
test of the internal as well as the external parts, then the owner
or user' of said equipdie t shall furnish a certified engineer to
make the test, who shall make a written reprot to the Smoke Abate-
ment Engineer of such test, provided however, that this inspection
and test may be made by any company authorized by the Insurance
laws of the State of Missouri to transact business as an inspect-
ion and insurance company and such engineer shall amke a written xsl
report to the Smoke Abatement Engineer of the result of the test
and inspection.
SECTION 9. After the completion of the inspeftion of any
heating device or fuel burning equipment, if the Smoke Abatement
Engineer finds same to be installed , maintained and operated in
conformity with the provisions of this ordinance, he shall issue
a certificate of approval which shall be placed in a conspicuous
place in the engine or boiler room if such heating device is
stationary; if transitory, it shall be kept where the biller or
heating device is in operation. The fact that such certificate
has been issued and posted shall be no defense to a prosecution for
a subsequent illegal operation of such equipment in vidlation of this
ordinance.
SECTION 10. The Smoke Abatement Engineer shall, upon finding an
any defects in any heating device or fuel burning equipment,or any part
or parts connected with the operation thereof which is such as to
cause dense smooe, in violation of any of the provisions herein,
or such as to constitute a nuisance as defined herein, notify the
owner or agent in charge thereof, either by registered mail of
delivery in person, to remedy the defect cited within ten days of
date of notification. It shall be unlawful for the pwner or person in
charge of such device or appliance to fail or neglect to remedy such
defect within said ten days.
SECTION 11. the 'woke Abatement Engineer shall order the
discontinuance of the use and shall seal the fire door of any boil-
er, furnace, heating device or other fuel burning equipment opera-
ted in violation of this ordinance after giving ten days notice
in writing to the person, firm, or corporation, owner, lessee or
agent in chrge of the operation thereof; provided however, tat
the Smoke Abatement Engineer may seal such device without notice when
his inspection shows the existance of a fire hazard or peril to
human life. It shall be unlawful for any person to continue the use
of such device after the same has been sealed or to break any seal
installed by the Smoke Abatement Engineer, without first obtaining p i
permission in writing from the Smoke Abatement .Engineer so to do.
SECTION 12. There is hereby created the department of
smoke abatement and office of Smoke Abatement Engineer, said Smoke
Abatement Engineer shall be appointed by the Mayor upon recommendation
of the Advisory Board and with the approval and consent of the
City Council for a term of two years. Said ~moke Abatement Engineer
shall be bonded in the sum of five thousand dollars ($5.,000) with
a sufficient surety to the City of Jefferson, Missouri, for the
faithful performance of his duties. Said Smoke Abatement Engineer
shall denote as much time as it is necessary for him to success-
fully perform his duties, as set out in this mndinance. He shall
posses a reasonable amount of experience in the installation and
operation of fuel burning equipment and shall be able to meet and
deal with the public.. Said Smoke Abatement Engineer shall perform
all the duteies as set out herein and shall have full responsibility
for the enforcement of the provisions of this ordinance.
The smoke Abatement Engineer shall make an annual report b6 the ity
Council in July of each year, giving the number of heating devices
or other fuel burning equipment inspected,the number approved or
disapproved and a full report of his activities for the past year.
333
The salary of said Stmie Abatement Engineer shall be fixed by the
City Council upon the recommendation of the Advisory Board.
SECTION 13. There shall be appointed by the Mayor with the
approval and cQ nset of the City Council a board to be known as the
Smoke Advisory Board. Sold Board shall consist of five persons,
said persons shall be persons interested in smoke abatement. The
Mayor and City Attorney shall be ex-officio members of said
Board in addition to said five other members. At least two mem-
bers of said Advisory 'oord must have a reasonable amount of theh-
nical knowledge and experianee in the installation end operation
of fuel burning equipment. the advisory ,,oard shall meet at least
once a month and act as consultant to the Smoke Abatement Engineer.
The members of the Smoke Advisory Board shall serve for a term of
four years from July 1, 1945, except that in making the first
appointment the Mayor shall appoint one member for a term of one year,
onemx member for a term of two years, one mem er for a term of
three years, and-the other members shall be appointed for a term
of four years. hereafter, the term shall be for four years.
Vacancies of said Board shall be filled by.appointment of the Mayor
with the approval and consent of the city ouncil to serve for the
unexpired term of his predecessor in office.
z SECTION 14. The members of the Smoke Advisory Board shall
serve without compensation, and it shell be the duty or the advisory
Board created herein to recommend to the Mayor and the ity council
a suitable person to be selected as "ity Smoke Abatement Engineer.
If any recommendation is rejected by, the Mayor and the City Council,
then another shall be made. Said Board shall form time to time re-
commend such changes in this ordinance as may be deemed by them
necessary and appropriate to achieve the most desirable results..
SECTION 15. It shall be unlawful for any person to do any
act prohibited by this ordinance or to fail to do any act required
by this ordinance; ,and it shall be unlawful for any person to re-
fuse to admit the Smoke Abatement Engineer to any premises at any
reasonable time for inspection or for the enforcement of this ordi-
nance, or otherwise interfere with him in the performance of his
duties.
SECTION 16, he following fees shall be paidto,.and: col:,._.
lected by the Smoke lbatement Engineers
(a) For the issuance of a permit, for the installation
alteration, or repair of equipment . U . . . . . .$2.00
(b) For the inspection of any equipment and the
issuance of a certificate of approval $2.00
All fees collected each day by the Smoke Abatement engineer
shall be turned over daily to the "'ity Collector to be deposited
in the general revenue fund of the City of Jefferson, Missouri.
SECTION 17. It shall be unlawful for any person, as herein
defined, to operate any hea'.*.ing devi6b:::orfathebufuttlgburninge--equip-
ment contrary to the provisions of this ordinance. Each separate
day of twenty-four hours or any part thereof, during whidh the terms of
this ordinance are violated shall constitute a separate offense against
the City of Jefferson, Missouri. Any person, firm, or corpora-
tion or the age .t of any person, firm, or corporation owning and
causing to be operated, or any person in charge of or operating
any heating device or other fuel burning equipment who shall vio-
late any of the provisions of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction thereof, the offender shall
Pe fined not more than One Hundred ($100) Dollars nor less than Twenty
ive ($25.00) Dollars for each offense.
SECTION 18. The provisions of this ordinance shall not
a ply to detached private residences; nor to buildings of use ex-
clusively for private residencez purposes in which the number of
families occupying apartments shall be less than five.
SECTION 19. All ordinances or parts of ordinances in conflict
with this ordinance Pre hereby repealed.