Douglas County District Attorney
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Title 1 General Provisions
Title 2 Administration and Personnel
Title 3 Revenue and Finance
Title 5 Business Licenses and Regulations
Title 6 Animals
Title 8 Health and Safety
8.08 Air Pollution Control
8.12 Burning Restrictions
8.14 Abandoned Vehicles and Unlawful Vehicle Work
8.16 Fireworks
8.24 County Board of Health
8.28 Sifting or Leaking Loads
8.36 Sexual Assault Victim Assistance
8.40 Coroner
Title 9 Criminal Code
Title 10 Vehicles and Traffic
Title 12 Streets and Other Public Places
Title 13 Parks
Title 14 Airports
Title 18 Town Annexation and Service Districts
Title 19 Initiative Ordinances
Title 20 Consolidated Development Code
Effective Date
Table of Ordinances
Index



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County Codes
Title 8 Health and Safety
8.08 Air Pollution Control
8.08.010 Installation permit--Required of certain equipment
8.08.020 Installation permit--Conformance required
8.08.030 Air contaminant discharge--Restrictions
8.08.040 Exceptions to provisions
8.08.050 Penalties--Abatement

8.08.010 Installation permit--Required of certain equipment
No person, persons, firm, corporation, company or association shall hereafter construct, reconstruct, install or alter any fuel-burning equipment or any other equipment capable of emitting smoke, gas, vapor, dust or solid particles into the open air until an application for an installation permit, properly listing and identifying the equipment and stating the means provided or to be provided to assure compliance with this chapter, has been filed in duplicate in the office of the Douglas County building inspector, who is designated as the Douglas County air pollution control officer, and an installation permit has been issued by said inspector. (Ord. 163 §1, 1967)
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8.08.020 Installation permit--Conformance required
Except as hereinafter enumerated, no person, persons, firm, corporation, company or association having obtained an installation permit, shall construct, reconstruct, install or alter any such equipment, so that the same does not conform to the installation permit. The following equipment, repairs and systems are excluded from the foregoing provisions of this section: 
    A.  Gas-fired equipment when standard commercial equipment is used; 
    B.  Oil-fired equipment burning No. 1 and No. 2 fuel oil (as specified in Commercial Standard Specifications for Fuel Oils of the U.S. Department of Commerce, in its latest revision) when standard commercial equipment is used; 
    C.  Solid fuel-fired equipment when standard commercial equipment is used and the maximum fuel input will not exceed three hundred fifty thousand BTU per hour. 
    D.  Repairs and minor alterations to previously approved equipment. (Ord. 163, §2, 1967)
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8.08.030 Air contaminant discharge--Restrictions
    A.  No person, persons, firm, corporation, company or association shall discharge into the atmosphere from any single source of emission whatsoever any air contaminant or other material for a period or periods aggregating more than three minutes in any one hour which is: 
        1.  As dark or darker in shade than that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines; or 
        2.  Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection 1 of this section.
    B.  Nuisance. No person, persons, firm, corporation, company or association shall discharge from any source whatsoever such quantities of air contaminants or other material as shall cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which shall endanger the comfort, repose, health, or safety of any such persons or the public or which shall cause or have a natural tendency to cause injury or damage to business or property. (Ord. 163 §3, 1967)
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8.08.040 Exceptions to provisions
 The provisions of section 8.08.030 do not apply to: 
    A.  Smoke from fires set by or permitted by any public officer if such fire is set or permission is given in the performance of the official duty of such officer. 
    B.  Agricultural operations in the growing of crops or raising of fowl or animals. (Ord. 163 4§, 1967)
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8.08.050 Penalties--Abatement
Except for the exceptions set forth in section 8.08.040: 
    A.  Every person, persons, firm, corporation, company or association who discharges into the atmosphere from any single source of emission whatsoever any air contaminant or other material for a period or periods aggregating more than three minutes in any one hour which is as dark or darker in shade than that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke as described above, is guilty of a misdemeanor. 
    B.  Every person, persons, firm, corporation, company or association who discharges from any source whatsoever such quantities of air contaminants or other material as shall cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which causes or has a natural tendency to cause injury or damage to business or property, is guilty of a misdemeanor. 
    C.  In addition to any fine or other punishment which it may impose for the violation set forth in subsections A and B of this section, any court or magistrate before whom there may be pending any proceeding for a violation of this chapter may order an abatement of any nuisance found to exist.    
    D.  Except as set forth in section 8.08.030, every person, persons, firm, corporation, company or association who constructs, reconstructs, installs or alters any fuel burning equipment or any other equipment capable of emitting smoke, gas, vapors, dust or solid particles into the open air without first obtaining an installation permit from the Douglas County building inspector, or who constructs, reconstructs, installs or alters any such equipment after having obtained an installation permit so that the same does not conform to the said installation permit, is guilty of a misdemeanor. (Ord. 645, §14, 1994; Ord. 163 §5, 1967)
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