CHAPTER 4
AIR POLLUTION*
Sections:
ARTICLE I. GENERAL PROVISIONS
4.2 Not to apply when covered by constitutional or general law.
4.3 Discharges illegal per se.
4.4 Discharges illegal as causing injury, detriment, nuisance or annoyance.
4.5 Smoke from certain fires excepted.
4.7 Right of entry of chief of police.
4.8 Extent and time of discharge if city manager finds necessary.
4.9 Determination of necessity by city manager.
4.10 Other standards when equipment not available.
4.11 Alternative method of burning rubbish or refuse when equipment or facilities not available.
4.12 Revoking or modifying variations.
4.13 Notice of hearing on revocation or modification.
ARTICLE II. MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM
4.17 Administration of vehicle registration fee.
* As to fire prevention regulations, see §§ 14.1 to 14.11 of this Code. As to burning garbage and other waste matter generally, see § 16.4. As to burning of bones, feathers, etc., see § 20.5.
ARTICLE I. GENERAL PROVISIONS
4.1 Meaning of “person.”
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.)
4.2 Not to apply when covered by constitutional or general law.
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.)
4.3 Discharges illegal per se.
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.)
4.4 Discharges illegal as causing injury, detriment, nuisance or annoyance.
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.)
4.5 Smoke from certain fires excepted.
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.)
4.6 Citrus grove heaters.
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.)
4.7 Right of entry of chief of police.
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.)
4.8 Extent and time of discharge if city manager finds necessary.
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.)
4.9 Determination of necessity by city manager.
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.)
4.10 Other standards when equipment not available.
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.)
4.11 Alternative method of burning rubbish or refuse when equipment or facilities not available.
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.)
4.12 Revoking or modifying variations.
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.)
4.13 Notice of hearing on revocation or modification.
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.)
ARTICLE II. MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM
4.14 Findings.
The city of South Pasadena finds and declares that:
(1) The city is committed to improving the public health, safety and welfare, including air quality.
(2) Mobile sources are a major contributor to air pollution in the South Coast Air Basin.
(3) Air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources.
(4) The South Coast Air Quality Management Plan (AQMP) calls upon cities and counties to reduce emissions from motor vehicles consistent with the requirements of the California Clean Air Act of 1988 by developing and implementing mobile source pollution reduction programs.
(5) To the extent that such programs place demands upon the city’s funds, those programs should be financed by shifting the responsibility for financing from the general fund to the motor vehicles creating the demand, to the greatest extent possible.
(6) Section 44223, added to the Health and Safety Code by action of the California Legislature on September 30, 1990, (Chapter 90-1705), authorizes the South Coast Air Quality Management District (SCAQMD) to impose an additional motor vehicle registration fee of two dollars, commencing on April 1, 1991, increasing to four dollars commencing on April 1, 1992, to finance the implementation of transportation measures embodied in the AQMP and provisions of the California Clean Air Act.
(7) Forty cents of every dollar collected under Section 44223 of the Health and Safety Code shall be distributed to cities and counties located in the South Coast Air Quality Management District that comply with Section 4243 of the Code, based on the jurisdictions’ prorated share of population as defined by the State Department of Finance.
(8) The city is located within the South Coast Air Quality Management District and is eligible to receive a portion of revenues from the motor vehicle registration fees upon adoption of the ordinance codified in this article.
(9) The city, after careful consideration, finds and declares that the imposition of the motor vehicle registration fee by the SCAQMD to finance mobile source air pollution reduction programs, is in the best interest of the general welfare of the city and its residents. Therefore, the city deems it advisable to adopt the ordinance codified in this article. (Ord. No. 1998, § 1.)
4.15 Intent.
This article is intended to support the SCAQMD’s imposition of the vehicle registration fee and to bring the city into compliance with the requirements set forth in Section 44243 of the Health and Safety Code in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles. (Ord. No. 1998, § 2.)
4.16 Definitions.
As applied in this article, the following words and terms shall be defined as follows:
(1) City. “City” means the city of South Pasadena.
(2) Fee Administrator. “Fee administrator” means the finance director of the city.
(3) Mobile Source Air Pollution Reduction Programs. “Mobile Source Air Pollution Reduction Programs” means any program or project implemented by the city to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the plan proposed pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3 of the California Health and Safety Code. (Ord. No. 1998, § 3.)
4.17 Administration of vehicle registration fee.
(1) Receipt of Fee. Vehicle registration fees due pursuant to this article disbursed by the SCAQMD and remitted to the city shall be accepted by the fee administrator.
(2) Transfer of Funds. Upon receipt of vehicle registration fees, the fee administrator shall be responsible for placement of such funds into a separate account as specified in this section.
(3) Establishment of Air Quality Improvement Trust Fund. The fee administrator shall establish a separate interest-bearing trust fund account in a financial institution authorized to receive deposits of city funds. Interest earned by the account shall be credited to that account and shall be used to finance mobile source air pollution reduction programs.
(4) Audits. The city consents to audits, at least once every two years, of all programs and projects funded by vehicle registration fee revenues provided under Section 44223 of the Health and Safety Code. The audit shall be conducted by an independent auditor selected by the SCAQMD. The district shall deduct any audit costs incurred from the city’s fee revenues. (Ord. No. 1998, § 4.)