Manhattan Beach Municipal Code Ch. 4.04 Air Pollution

For the purpose of this chapter, certain words and phrases used herein are defined as follows:

A. "Enforcement Authority" means and includes the Chief of Police and his authorized assistants, deputies, officers and representatives, and includes (in the event an agreement is made between the County and the City providing for the enforcement of this chapter by or through the County, or its officers, deputies, assistants or representatives) the Director of Air Pollution Control provided for by Ordinance No. 4460, New Series, of Los Angeles County, California, entitled, "An ordinance creating a Director of Air Pollution Control and prescribing his duties thereof," adopted February 20, 1945, and his authorized assistants, deputies, officers and representatives.

B. "Person" means any individual, firm, co-partnership, joint adventure, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver syndicate, this and any other county, city and county, municipality, district or other political subdivision, or any other group or combination acting as a unit.

(§§ 3, 5, Ord. 558)

The prohibitions of this chapter do not apply to any action either positively permitted or prohibited by constitutional provision or by general law.

(§ 12, Ord. 558)

Every person is guilty of a misdemeanor who, either by himself, his employer or agent, or as an employee or agent of another, causes to be discharged from any source whatsoever in the City any smoke, dust, soot or fumes for a period aggregating more than three (3) minutes in any hour which is:

A. Equal to or greater in density than that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau Of Mines; or

B. So dense as to obscure the passage of light to a degree equal to or greater than does smoke described in subsection (A) of this section.

(§ 15, Ord. 558)

Every person is guilty of a misdemeanor who, either by himself, his employee or agent, or as an employee or agent of another, causes to be discharged from any source whatsoever in the City such quantities of charred paper, smoke, dust, soot, grime, carbon, noxious acids, fumes, gases, particulate matter, or other material as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property.

(§ 16, Ord. 558)

The provisions of Section 4.04.030 do not apply to the use of an orchard or citrus grove heater which:

A. Does not produce unconsumed solid carbonaceous matter at a rate in excess of one gram per minute; and

B. If petroleum, or any product thereof, is used as fuel, does not produce products of combustion arising therefrom containing unconsumed solid carbonaceous matter in excess of twenty (20) grams per pound of fuel consumed.

(§ 17, Ord. 558)

This chapter does not apply to smoke from fires set by or permitted by the Chief of the Fire Department, or his authorized assistants, deputies or representatives, or by the Los Angeles County Forester and Fire Warden for the purpose of weed abatement; the prevention of a fire hazard, or the instruction of members of their respective staffs in the methods of fighting fire.

(§ 18, Ord. 558)

No permit shall be required for cooking fires in fire rings in City parks or places where such fire rings are established by the City. Fires shall be permitted only between the hours of 8:00 a.m. and 9:00 p.m. daily.

(§ 1, Ord. 1071, eff. July 21, 1967)

The Enforcement Authority, during reasonable hours, for the purpose of enforcing or administering this chapter may enter every building, premises or other place, except a private residence. Every person is guilty of a misdemeanor who in any way denies, obstructs or hampers such entrance.

(§ 19, Ord. 558)

The provisions of this chapter do not prohibit the discharge of matter to a greater extent or for a longer time, or both, than permitted by Section 4.04.030 if not of a greater extent or longer time than the Enforcement Authority finds necessary pursuant to the provisions of this chapter.

(§ 20, Ord. 558)

The Enforcement Authority on his own motion or at the request of any person may hold a hearing to determine under what conditions and to what extent the discharge of matter to a greater extent or for a longer time or both than that permitted by Section 4.04.030 is necessary.

(§ 21, Ord. 558)

If the Enforcement Authority finds that because of conditions beyond control, or necessary equipment is not obtainable with which to make changes necessary to reduce such discharge in extent or time, or both, to that permitted by Section 4.04.030, he may prescribe other and different standards applicable to plants and equipment operated either by named classes of industries or persons, or to the operations of separate persons.

(§ 22, Ord. 558)

If the Enforcement Authority finds that the burning of rubbish or refuse is necessary to prevent a fire or health hazard and also finds that neither adequate equipment nor facilities are available for the disposal of such rubbish in a manner conforming with Section 4.04.040, he may prescribe other and different standards not more onerous applicable either to named classes of rubbish disposal or persons, or to the operations of separate persons.

(§ 23, Ord. 558)

The Enforcement Authority may revoke or modify any order issued by him permitting a variance after a public hearing held upon not less than ten (10) days' notice.

(§ 24, Ord. 558)

The Enforcement Authority shall serve notice of the time and place of a hearing to revoke or modify any order permitting a variation not less than ten (10) days prior to such hearing upon all persons who will be subjected to greater restriction if such order is revoked or modified as proposed and upon all other persons who have filed with the Enforcement Authority a written request for such notification, either in the manner required by law for the service of summons or by first class mail, postage prepaid.

(§ 25, Ord. 558)