§ 15-8. Enforcement of odor regulations.

The following applies to violations of subsections 15-3(3) and 15-3(15):

(1)

Offensive odor shall be defined as:

a.

When twenty-five (25) percent or more of a sample of ten (10) or more people or seventy-five (75) percent of a sample of less than ten (10) people exposed to it believe it to be objectionable in usual places of occupancy, or

b.

When emission of odorous matter in concentrations and frequencies or for durations that the odor can be perceived when one (1) volume of odorous air is diluted with five (5) volumes of odor-free air for two (2) separate trials not less than fifteen (15) minutes apart within the period of one (1) hour. These measurements may be made with a Scentometer as manufactured by the Barnebey & Sutcliffe Corporation or by a similar technique that will give equivalent results, or

(2)

Any person or company violating the provisions of this subsection shall, upon conviction thereof, be subject to a fine of not less than five hundred dollars ($500.00) per day of violation or part thereof.

(3)

A person or company in violation of subsection 15-3(3) or 15-3(15) shall, upon conviction, be guilty of a misdemeanor.

(4)

Any authorized representative of the department of public works may enter at all reasonable times or during hours of operation, in or upon public or private property for purposes required under sections 15-3 and 15-8. Refusal to allow such entry shall be grounds for revocation of business license and/or injunctive relief.

(5)

Notwithstanding the existence or pursuit of any other remedy provided by sections 15-1 through 15-8, the city may maintain, in the manner provided by Missouri Revised Statutes, an action in the name of the City of Carthage for injunction or other process against any person or company to restrain or prevent any violation of the provisions of sections 15-1 through 15-8.

(Ord. No. 09-03, § IV, 1-27-2009)