§ 2329.10 — Offensive odors and establishments

2329.10 - Offensive odors and establishments.

(A) Offensive odors generally. Whoever shall within the corporate limits or within three (3) miles from the corporate limits permit any factory, tannery, distillery, livery stable, cattle or hog yard, or any shed, barn, packing-house, or slaughterhouse to become nauseous, feeding animals, or rendering any animal matter, or manufacturing the same into soap or fertilizing materials, or changing the form thereof in any manner by the use of heat, steam, fire, chemicals or otherwise, do as to taint the air or render it unwholesome or offensive to the smell, shall be deemed guilty of a nuisance. If any such nuisance is not abated and removed within five (5) days after the giving of such notice, it shall be the duty of the health officer to cause such nuisance to be abated and removed, and the cost and expense of so doing shall be chargeable against the property upon which such nuisance existed, and shall be assessed against the same and become a lien thereon. The agent of any person who shall have the management, care or rental of any property upon which any such nuisance shall exist, as well as the agent's principal and all others causing or permitting such nuisance shall be deemed and considered as causing any nuisance shown to exist after notification to abate or remove the same. (B) Odors From Manufacturing Processes. It shall be unlawful for any person, whether the person be owner, manager, superintendent, supervisor or employee, within the corporate limits, to continue manufacture or produce, or assist in the manufacture or production of any product from which in the process of manufacture or production, offensive or unwholesome odors arise or are given off, after notice to cease causing such odors has been given by the city board of health. (C) Slaughterhouses. The business of slaughtering animals, or of operating a slaughterhouse or packinghouse within the corporate limits is declared to be a nuisance, and no person shall carry on the business aforesaid. (D) Processing Animal and Vegetable Products. It shall be unlawful to render, heat or steam any animal or vegetable product or substance generating noisome or wholesome odors, gases or vapors, unless the same is done in gas or steam-tight vessels, tanks or boilers, and unless such methods are adopted as will entirely condense, decompose, deodorize or destroy such odors, gases and vapors. (E) Buildings Dangerous to Health. It shall be unlawful to suffer any building or grounds to remain for a period of twenty-four (24) consecutive hours in such condition as to be offensive, dangerous or prejudicial to the health or safety of the occupants or other persons. (F) Penalty. (1) Whoever violates any provision of Section 2329.10 is guilty of a misdemeanor of the third degree and fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days or both. An organization convicted of a violation of any provision of Section 2329.10, a misdemeanor of the third degree, shall be fined not more than three thousand dollars ($3,000.00). (2) Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (3) Strict liability is intended to be imposed for violation of any provision of Section 2329.10.

(Ord. 858-01 § 9; Ord. No. 2019-2021, § 1, 7-26-2021)