Full Text
Chapter 3.5, Page 17 3.5 AIR POLLUTION ORDINANCE THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. POLICY Section 59.07 (85) and Section 144.41 of the Wisconsin Statutes grants the County of Douglas the power to establish a County Air Pollution Ordinance, and it is hereby declared to be the public policy of the Douglas County Board of Supervisors to preserve, protect and improve the air resources of Douglas County so as to promote health, safety, and welfare, prevent injury to human health, plant and animal life and property, foster the comfort and convenience of its inhabitants and, to the greatest degree practicable, facilitate the enjoyment of the natural attractions of Douglas County. SECTION II. DEFINITIONS A. Air Pollution Control Officer: The person designated by the county or local government to be responsible for the air pollution control program within that jurisdiction. B. Air Contaminant: Dust, smoke, soot, burning embers, sparks particulate matter, fly ash, cinders, alkalis, oxides, radioactive substances, fume mist, liquid, acid, vapor, gas, odor, allergen, pathogen, toxic mater, odorous substances, or any combination thereof, but not including uncombined water vapor. C Air Pollution: The presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property. D. Person - APerson@ includes all partnerships, associations and bodies politic and corporate. SECTION III. DISCHARGES PROHIBITED No person shall use or have under his control any equipment or process which causes, creates, modifies, handles, conveys, controls, discharges or comes in contact with air pollutants which are subsequently discharged to the atmosphere. Processes and process equipment include, but not limited to, fuel burning, combustion, incineration, heat absorbing, smelting, roasting, grinding, drying, conveying, baking, ---PAGE BREAK--- Chapter 3.5, Page 18 batching, melting, sintering, cleaning, pickling, galvanizing, pulverizing, painting, calcining, briquetting and sizing, which equipment or process does become a public nuisance, and is: Injurious to human health or welfare. Having latent damaging effects on public health, or creates predisposing effects detrimental to public health. Unreasonably interfering with the enjoyment of life or property. Injurious to property. Injurious to animal or plant life. Injurious to soil, surface, or subsurface water resources. Reducing the visibility so as to create hazard on public roads and streets. Reducing the visibility to the extent that it interferes with safe operation of an airport. Reducing the visibility in harbors, at public docks, and of navigational lights to the extent that it creates a hazard. SECTION (IV). PENALTIES Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be sentenced to pay a fine of not less than $25.00 nor more than $1,000.00 for the first violation thereof, and not less than $50.00 nor more than $1,500.00 for each succeeding violation, together with the cost of the action, and in default of payment of said fine and costs of prosecution, the person shall be imprisoned in the county jail for a period not to exceed thirty days. Each day's violation shall constitute a separate offense. SECTION WARNING PERIOD A thirty day warning period be allowed persons or corporations issued a violation notice. SECTION (VI). EFFECTIVE DATE This ordinance will become effective on the date of legal publication. Adopted June 12, 1969.