South Pasadena Municipal Code Art. I General Provisions

The word “person,” as used in this chapter, means any individual, firm, copartnership, joint adventure, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate and any municipality, country, district or other political subdivision, or any other group or combination acting as a unit, and the plural as well as the singular number. (Ord. No. 958, § 1.)

The prohibitions of this chapter do not apply to any action either positively permitted or prohibited by constitutional provision or by general law. (Ord. No. 958 § 4.)

Every person is guilty of a misdemeanor who, either by himself, his employee or agent, or as an employee or agent of another, causes, suffers or permits to be discharged from any source whatsoever any smoke, dust, soot or fumes for a period aggregating more than three minutes in any one 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. (Ord. No. 958, § 6.)

Every person is guilty of a misdemeanor who, either by himself, his employee or agent, or as an employee or agent of another, causes, suffers or permits to be discharged from any source whatsoever such quantities of charred paper, smoke, dust, soot, grime, carbon, noxious acids, fumes, gases, particulate matter or other material which causes 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. (Ord. No. 958, § 7.)

This chapter does not apply to smoke from fires set by or permitted by the city for the purpose of weed abatement, the prevention of a fire hazard, or the instruction of members of the fire department in the methods of fighting fire. (Ord. No. 958, § 8.)

The provisions of this chapter 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.

(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 grams per pound of fuel consumed. (Ord. No. 958, § 9.)

The chief of police, 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. (Ord. No. 958, § 10.)

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 sections 4.3 and 4.4 of this Code, if not of greater extent or longer time than the city manager finds necessary pursuant to the provisions of sections 4.9 and 4.10 of this Code. (Ord. No. 958, § 11.)

The city manager 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 sections 4.3 and 4.4 of this Code is necessary. (Ord. No. 958, § 19.)

If the city manager finds that because of conditions beyond control, 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 sections 4.3 and 4.4, of this Code, 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. (Ord. No. 958, § 13.)

If the city manager finds that the burning of rubbish or refuse is necessary to prevent a fire or health hazard and also finds that neither adequate equipment or facilities are available for the disposal of such rubbish in a manner conforming with sections 4.3 and 4.4 of this Code, 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. (Ord. No. 958, § 14.)

The city manager may revoke or modify any order permitting a variation after a public hearing held upon not less than ten days’ notice. (Ord. No. 958, § 15.)

The city manager shall serve notice of the time and place of a hearing to revoke or modify any order permitting a variation not less than ten days prior to such hearing upon all persons who will be subjected to greater restrictions if such order is revoked or modified as proposed and upon all other persons who have filed with the city manager 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. (Ord. No. 958, § 16.)