CHAPTER 3.
AIR POLLUTION.
As to board of health, see §§ 2-61 to 2-64 of this Revision. As to taxicab drivers smoking while carrying passengers, see § 5-23.
§ 3-1. Definitions.
§ 3-2. Injurious noise prohibited.
§ 3-3. Annoying odors prohibited.
§ 3-4. Open burning prohibited.
§ 3-5. Enforcement of chapter.
§ 3-6. Noncriminal disposition.
Sec. 3-1. Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
Air. Atmosphere.
Air contaminant. A solid, liquid or gas which alone or combined will cause, on the basis of the most recent information, a reduction in the quality of the ambient air space.
Air contamination source. Any place at or from which any air contaminant is emitted to the ambient air space.
Air pollution. The presence in the ambient air space of one or more air contaminants or combinations thereof in such concentrations and of such duration as to:
(a) Cause a nuisance.
(b) Be injurious or, on the basis of current information, potentially injurious to human or animal life, to vegetation or to property.
(c) Unreasonably interfere with the comfortable enjoyment of life and property or the conduct of business.
Ambient air space. The unconfined space occupied by the atmosphere above the geographical area of the city.
Dust. Finely divided solid matter.
Emission. Any discharge or release of an air contaminant to the ambient air space.
Gas. The state of matter having neither independent shape nor independent volume but having a tendency to expand and diffuse infinitely.
Noise. Sound pressure waves.
Odor. The gaseous or vaporous state of materials which are perceived by the sense of smell.
Open burning. Burning under such conditions that the products of combustion are emitted directly to the ambient air space and are not conducted or directed thereto through a stack, chimney, duct or pipe. Open burning includes aboveground or underground smoldering fires.
Sound pressure wave. A vibration of particles in the air producing a variation in normal atmospheric pressure.
Vapor. The gaseous state of certain substances that can exist in equilibrium with their solid or liquid states under standard conditions.
(11-9-70.)
Sec. 3-2. Injurious noise prohibited.
No person owning, leasing or controlling the operation of any noise or sound pressure wave producing a source shall wilfully, negligently or through failure to provide the necessary equipment or facilities or take necessary precautions permit the emission from such source of such quantities or qualities of noise or sound pressure-waves which will cause, by themselves or in conjunction with other noises or sound-pressure-waves, a condition that will cause injury, fatigue, interference with performances, sleep and rest or other bodily functions or a condition of air pollution.
(11-9-70.)
Sec. 3-3. Annoying odors prohibited.
No person owning, leasing or controlling any odor-generating operation shall wilfully, negligently or through failure to provide necessary equipment or facilities or to take necessary precautions permit the emission from such operation any odors which cause, by themselves or in conjunction with another odor, a condition of annoyance, physiological or psychological distress, debilitation, sickness or air pollution; provided, that this section shall not apply to noise emitted during functions and events as, but not limited to, parades and other public gatherings for which permits have been issued, emergency equipment and vehicles, governmental and civic activities and the use of properly operating domestic equipment during reasonable hours.
(11-9-70.)
Sec. 3-4. Open burning prohibited.
(a) No person shall wilfully permit the open burning of any combustible material. The placing or storing of combustible materials in a manner which allows the presumption that these materials are likely to be reduced by burning shall be prima facie evidence of intent to violate this section.
(b) This section shall not apply to open burning for:
(1) Cooking purposes.
(2) The operation of devices such as blow torches and welding torches for which no alternative source of heat can be used.
(3) Training or research in fire protection or prevention.
(4) Combating or backfiring an existing fire by persons affiliated with an official firefighting agency.
(5) The normal pursuit of agriculture which, in the opinion of the enforcing authority, is deemed necessary and which includes but is not limited to, open burning of blueberry patches for pruning purposes, dead raspberry stalks, fruit tree pruning and infected beehives for disease control.
(6) Agricultural land clearing and forest management operations.
(7) Destroying fungus-infected elm wood; provided, that no suitable alternate method of disposal is available.
(c) Open burning shall be permitted for the preceding enumerated purposes; provided, that all burning is conducted:
(1) During periods of good atmospheric ventilation.
(2) Without causing a nuisance.
(3) With smoke-minimizing starters, if starters or starting aids are used.
(4) Under the provisions of a properly executed permit issued under the provisions of section 13 of chapter 48 of the General Laws; provided, that the possession of a permit does not exempt the holder from prosecution due to the emission of air contaminants, the creation of a nuisance or the creation of a state of air pollution and that any such permit may be revoked for cause.