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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 All ordinances, or any part of any ordinance in confiat herewith shall be and the same is hereby repealed.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 332 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.