(History: Ord. No. 310)

It is the purpose of this section to provide appropriate standards relating to operation of certain activities throughout the City. Operations which create or maintain excessive noise, air pollution, odor, or electromagnetic interference may be a detriment to the public health, comfort, convenience, safety, and welfare. These standards are therefore provided to protect the public interest, and promote the public health, safety, and welfare.

These standards shall apply to all lands with the City's jurisdiction.

Devices and instruments which have been standardized by the American National Standards Institute (ANSI) shall be used to measure applicable performance. The following references are cited in this article:

A.

40 CFR "Protection of Environment", Title 40, Code of Federal Regulations.

B.

17-2 FAC "Air Pollution", Chapter 17-2, Florida Administrative Code.

C.

ANSI American National Standards Institute

D.

CFR10 "Standards for Protection Against Radiation", Title 10, CFR.

To protect and enhance the air quality of the City, all sources of air pollution shall comply with rules set forth by the Environmental Protection Agency (EPA) in 40CFR and the Florida Department of Environmental Regulation (DER) in 17-2 FAC. No person shall operate a regulated source of air pollution without a valid permit issued by DER.

Air pollution emissions shall be tested and results reported in accordance with techniques and methods adopted by DER. Testing shall be carried out under the supervision of the State and at the expense of the person responsible for the source of pollution.

The presence of untreated or improperly treated human waste, garbage, offal, dead animals, decaying organic matter, or gases which are harmful to human or animal life or the presence of improperly built or improperly maintained sewer treatment plants, septic tanks, water closets, privies or abattoirs shall constitute evidence of undesirable odor.

The following activities and equipment are exempt from the provisions of this part:

A.

Odors incidental to and commonly associated with commercial fishing, oystering, crabbing and aquaculture.

B.

Properly maintained public equipment used in the collection of garbage.

Evidence of undesirable odor is hereby declared a public nuisance and shall be abated upon notice by the Administrator. The City may employ the remedies cited in F.S. ch. "Public Nuisances", to enforce this Code.

In all districts in which the storage, use, or manufacture of flammable or explosive materials is permitted, the following standards shall apply:

A.

Storage and utilization of solid materials or products which are combustible, or which in themselves support combustion and are consumed slowly as they burn, is permitted.

B.

Storage, utilization, or manufacture of solid materials or products which are free burning and intense burning is permitted provided that said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings which are noncombustible and which are protected throughout by an automatic fire extinguishing system. The requirement for an automatic fire extinguishing system may be waived by the Administrator in those cases where the introduction of water to a burning substance would cause hazards.

C.

Outdoor storage of solid fuels is permitted when in conformance with the "Fire Protection Handbook" of the National Fire Protection Association (NFPA).

D.

Storage, utilization or manufacture of flammable and combustible liquid or materials which produce flammable or explosive vapors or gases shall be permitted in accordance with National Fire Code #30, exclusive of storage of finished products in original sealed containers which shall be unrestricted.

E.

The following classifications of liquids are unrestricted, providing that storage, handling and use shall be in accordance with NFPA "Flammable and Combustible Liquids" Code #30.