§ 12-5. Emission of dense smoke.

(a)

The owner of any locomotive engine and any person employed as an engineer or otherwise in operating that locomotive and the proprietor, lessee or occupant of any building or the person in charge of the furnace therein who causes, permits or allows dense smoke or fumes to issue or be emitted from the smokestack of any building of the village is deemed and is guilty of creating a nuisance.

(b)

For the purpose of testing and grading the density of smoke the Ringelmann Smoke Chart, as published and use by the United States Geological Survey, is hereby adopted and shall be used as a standard for such grading. Smoke is hereby declared to be dense when it is the degree of density of No. 3 or greater on the Ringelmann Smoke Chart for more than six (6) minutes in any one (1) hour, whether such period of time is consecutive or not.

(c)

The emission of dense smoke or fumes contrary to the provisions of this section is hereby declared to be a public nuisance.

(Code 1961, §§ 19-21, 25-6, 25-7)