San Luis Obispo Municipal Code Ch. 8.22 Offensive Odors

The purpose of this chapter is to define and establish standards for the regulation of persistent odors within the city. The intent of these standards is to ensure that odors emanating from sources or locations within the city do not adversely impact or unreasonably interfere with the use and enjoyment of property. (Ord. 1614 § 2, 2015)

A. It is hereby declared to be unlawful and a public nuisance to cause or permit any persistent odors, which are offensive to individuals of normal sensitivity and which adversely impact or unreasonably interfere with the use and enjoyment of property, to emanate across any parcel or property line.

B. An odor shall be presumed offensive to individuals of normal sensitivity if the city receives three or more verified complaints of a persistent odor emanating across a property line from individuals representing separate residences or places of business within the city within a one-month time span concerning an odor emanating from a single source. Nothing in this section shall be deemed to require three complaints before the city may initiate enforcement action.

C. Nothing in this chapter shall be deemed to prohibit the normal operations of any governmental agency or municipal facility operating pursuant to otherwise applicable law or regulatory permit. (Ord. 1614 § 2, 2015)

Each day a violation is allowed to continue in violation of this chapter shall constitute a new and separate offense. (Ord. 1614 § 2, 2015)

If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter. (Ord. 1614 § 2, 2015)