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HomeMy WebLinkAboutORDINANCES-1967-112-O-67F .p r' 112-0-67 AN ORDINANCE Amending Sections 28-3, 28-4, and 28-5 of the Code of the City of Evanston, 1957, as amended, and Repealing Sections 28-6, 28-7, 28-8, 28-9, 28-9.1, 28-9.2, 28-9.3, 28-9.4, and 28-9.5 of the Code of the City of Evanston, 1957, as amended. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COON COUNTY, ILLINOIS: SECTION 1: That Sections 28-3, 28-4, and 28-5 of the Code of the City of Evanston, 1957, as amended, are hereby amended to read as follows: "EVANSTON AIR POLLUTION CODE SECTION 28-3 ADMINISTRATION AND ENFORCEMENT OF AIR POLLUTION CODE Subsection A-100.0. - SCOPE A-100.1. - Title. - This chapter of the Municipal Code of the City of • Evanston shall be known as the Air Pollution Code of the City of Evanston and is herein referred to as such or "this code". A-100.2. - Purpose. - This code is to regulate the production and emission of smoke and other air contaminants of such character would create air pollution within the City; to make provisionk for the measurement and control of such emissions; to establish an Air Pollution Appeal Board; to establish the Director of Building as enforcement officer; to provide for permits where applicable for the installation, construction or modification,ufc* and certificates of operation for use, ofx combustion or process equipment or air pollution control equipment; to control the issuance of permits and certificates of operation, and to establish fees thereof; and to provide fines and penalties for violations of the provisions of this code. Subsection A-110.0. - DUTIES AND POWERS OF THE DIRECTOR OF BUILDING It shall be the duty and responsibility of the Director of Building (hereinafter referred to as the "Director") -2 `��►f, •W, R and in connection therewith to enforce the provisions of the Air Pollution Code, affx .1, he is obligated and empowered: A,110.1. - Supervision. - To act as enforcement officer for all ordinances, rules and regulations pertaining to air pollution as provided for in this code. A-110.2. - Examination of Plans.,- To examine and approve plans of combustion or process equipment or air pollution control equipment installed, constructed or modified in any building or structure or on any premises, as herein provided, to assure that they are in accord- ance with the requirements of this code. A-110.3. - Inspections. - To make inspections of newly installed, constructed or modified combustion or process equipment or air pollution control equipment, and to make subsequent inspections not • less frequently than every two years, as herein provided, to determine whether such equipment is in compliance with the provisions of this code. A-110.31. - Right of Entry. - Zh%m x To make inspections of all buildings, structures, and premises located within the City to determine their compliance with the provisions of this code. For the purpose of making such inspection, the Director alx�e4s' is x; hereby authorized to examine and survey all buildings, structures, and premises within the City. Such inspections shall be made between the hours of 8:00 a.m. and 8:00 p.m. on any days except Sunday, subject to the following standards and conditions: a) Such inspection may take place only if a complaint respecting said premises has been received by the Director and such com- plaint, in the opinion of said Director, provides reasonable -3- 40 grounds for belief that a violation exists, orisuch inspection is undertaken as part of a regular inspection program whereby certain areas of the City ate being inspected in their entirety by direction of the Director or the City Manager. b) Such inspections shall be made by the Director or the City Manager or by any duly authorized representative upon the direction of either of said officers. c) Any person making such inspection shall furnish to the owner or occupant of the structure sought to be inspected, sufficient identification and information to enable the owner an authorized or occupant to determine that he is a/representative of the Director or City Manager, and to determine the purpose of said inspection. The Director or the City Manager or any duly authorized representative upon the direction of either of said officers may apply to any court • of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner shall refuse to grant entry. To A-110.32. - Official Badqe. - T`'� n; _��' �-&&y adopt a badge of office which shall be displayed for the purpose of identification. A-110.4. - Complaints. - To investigate complaints of violations of this code and to make inspections and observations of air pollution conditions. A-110.5. - Advisor to Board of Appeals. - To serve as an advisor to the Air Pollution Appeal Board. A-110.6. - Recommendations. - To investigate and make recommendations from time to time to the Air'IPollution Appeal Board with respect to 0 amendments to this code. In �'i A-110.7. - Records and Notices. To issue all permits, certificates, B • or notices required under the provisions of this code. To deliver written A-110.71. - Delivery of Notice. - Notices of violations *becUxbamis by leaving a copy with any person owning, operating or in charge of the equipment or premises involved, or by mailing a copy to the last known address of the person to be notified. A-110.8. - Supply of Documents. - To supply, on request and on payment of the cost, copies of this code and of all documents referred to in this code. Sub - Section A-120.0. - MUNICIPAL COOPERATION A-120.1. - Municipal Cooperation. - The Director may call upon the police, fire and health departments and all other municipal officials 0 for assistance and cooperation in the enforcement of this code. Sub - Section A-130.0. - APPLICATIONS AND PERMITS A-130.1. - Permit Required. - No person shall install, construct or modify or cause to be installed, constructed or modified any com- bustion or process equipment or air pollution control equipment, excepting domestic heating and domestic refuse -burning equipment, until an application for permit has been made on forms supplied by accompanying the application the Director and until the plans/have been approved and a permit issued by the Director. A-130.2. - Plans and Specifications. - Suitable plans and specifications of the combustion or process equipment or air pollution control as part of the application for permit, equipment must be filed in duplicate:/in the office of the Director, by the owner, contractor, installer or other person. The equipment must be designed to conform to the provisions of this code. The -5- Director may waive the requirement for filing plans when the work •involved is of a minor nature. A-130.21. - Certification of Plans. - The plans and specifications submitted pursuant to the foregoing shall be prepared under the direction of or approved by a registered professional engineer and bear his seal. A-130.3. - Notice of Start. - At least twenty-four (24) hours' notice of start of work under the permit shall be given to the Director. A-130.4. - Compliance with Permit. - All work shall conform to the approved application and plans for which the permit has been issued. A-130.5. - Plan Inspection Fees. - Fees for inspection of plans pursuant to the foregoing for the installation, construction or modification of combustion or process equipment or air pollution control equipment shall be $5.00. *Sub - Section A-140.0. - INSPECTIONS OF EQUIPMENT A-140.1. - Schedule of Inspections of Equipment. - Existing combustion or process equipment or air pollution control equipment, except domestic heating and domestic refuse -burning equipment, shall be in- spected by the Director at least biennially, and any such new or modified equipment shall be inspected after its installation, con- struction or modification and before its operation. A-140.2. - Inspection Fees for New or Modified Equipment.,- Fees shall be as follows for the examination or inspection of any new or modified combustion or process equipment or air pollution control equipment, after its installation, construction or modification; 1 - Hot air furnace $15.00 per unit 2 - Low pressure boiler $15.00 per unit 3 - High pressure boiler, 100 h.p. capacity or less $20.00 per unit - High pressure boiler, over 100 h.p. capacity $30.00 per unit •4 5 - Incinerator or refuse -burning equipment $25.00 per unit 6 - Process equipment $30.00 for all pro- cess equipment in any plant • IM A-140.3. - Biennial Inspection Fees. - Fees shall be as follows for each biennial inspection of combustion or process equipment or air pollution control equipment: 1 - Hot air furnace $15.00 per unit 2 - Low pressure boiler $15.00 per unit 3 - High pressure boiler $20.00 per unit 4 - Incinerator or refuse -burning equipment $15.00 per unit 5 - Process equipment $20.00 for all process equipment in any plant Sub - Section A-150.0. - CERTIFICATE OF OPERATION A-150.1. - Issuance and Revocation. - Upon finding that any combustion or process equipment or air pollution control equipment inspected on any original or subsequent inspection complies with the provisions of this code, and after receipt of the prescribed fee, the Director shall issue a Certificate of Operation as of the date of such in- • spection; and upon any subsequent inspection, if the Director finds that any such equipment fails to comply with the provisions of this code, he shall issue a.Revocation of the Certificate of Operation. A-150.2. Posting. - All Certificates of Operation shall be posted in a conspicuous place on or near the equipment. A-150.3. - Special Certifications.,- Certificates of Operation may contain operating requirements and limitations, such as allowable fuels. A-150.4. - Unlawful Operation. - No person shall use or allow to be used any combustion or process equipment or air pollution control equipment, which is subject to inspections as hereinbefore set forth, without having for it a valid Certificate of Operation. Sub - Section A-160.0. - AIR POLLUTION APPEAL BOARD . A-160.1. - Establishment. - An Air Pollution Appeal Board is hereby established. -7- A-160.2. - Membership of Board. - The Appeal Board shall consist of seven members, to be appointed by the Mayor with the consent of the City Council, one of whom shall be designated by the Mayor as Chairman. A-160.21. - Terms. - The Appeal Board members shall be appointed for a term of four years, or until their respective successors are appointed and qualified; except that of the initially appointed Appeal Board, two members shall serve for one year, two members for two years, two members for three years, and one member for four years. A-160.22. - Qualifications of Board Members. - One member shall have had at least five years business or administrative experience in the ownership or management of apartment -building enterprises; one member shall be a physician licensed to practice in the State, who has had, at the time of his appointment and immediately prior thereto, at least five years medical practice in public health and industrial hygiene; • one member shall be, at the time of his appointment and for at least five years prior thereto, a registered professional engineer in the State; one member shall be, at the time of his appointment and for at least five years prior thereto, licensed to practice law in the State; three members shall be appointed at large. Members appointed to fill vacancies shall have the same general qualifications required for their predecessors. A-160.3. - Meetings. - Meetings of the Air Pollution Appeal Board shall be held at the call of the Chairman, or as prescribed by its rules. Four members shall constitute a quorum. A-160.4. - Rules and Records. - The Air Pollution Appeal Board shall adopt its own rules and regulations and keep minutes of its meetings. U Svbsec'tion A-170.0. - AIR POLLUTION APPEAL BOARD AUTHORITY �he Air Pollution Appeal Board is hereby vested with the following ` s2 jurisdiction and authority: A-170.1. - Appeals from Decisions of the Director. - To decide appeals from any action taken by the Director or failure of the Director to act upon request within a reasonable period. Such decisions on appeal shall be limited to construing the provisions of this code, in order to determine whether the Director has correctly interpreted the requirements established in this code. A-170.2. - Extensions of Time. - To grant extensions of time for compliance with Subsections 320.0. through 330.122. upon showing due diligence on the part of the applicant. A-170.3. - Variations. - To grant variations from the provisions of Subsections 320.0. through 330.122. A-170.31. - Standards for Variations. - The Appeal Board may grant a Wariation from the requirements of this code upon finding that com- pliance with any provision of Subsections 320.0. through 330.122, or any decision of the Director, will result in an arbitrary and unreason- able taking of property or in the closing and elimination of any law- ful business, occupation or activity if the Board shall determine that such taking of property or closing or elimination will not result in a benefit or advantage to the public in the reduction of air pollution sufficient to justify such action. In granting the variation, the Board may prescribe other and different requirements applicable to the business, occupation, activity or property involved, provided that such requirements may not be more onerous or stricter than those that would be imposed under the provisions of this code. A-170.4. - Recommendations. - To recommend to the City Council •amendments to this code. -9- Svb- Section A-180.0. - PROCEDURES FOR APPEALS AND APPLICATIONS FOR VARIATIONS AND FOR EXTENSIONS OF TIME. A-180.1. - Right to Appeal for Variation or Extension of Time. Any person found in violation of this code by any decision of the Director may take an appeal from the decision or apply for a variation from the requirements of this"code or an extension of time for compli- ance with the requirements of this code to the Air Pollution Appeal ti. Board. Applications for variations and extensions of time may also be made in the absence of a finding of violation. 180.2. - Time for Filinq Appeal or Application. - The appellant or applicant must file with the Director, no later than thirty (30) days after receiving notice of such violation, a Notice of Appeal or Application for Variation or Extension of Time, directed to the Air Pollution Appeal Board, specifying the grounds thereof _and relief sought. •A-180.3. - Notification of Appeal Board by Director. - The Director shall forthwith notify all members of the Appeal Board of such appeal or application and furnish all members copies of all relevant papers. A-180.4. - Right to Public Hearinq. - The A ppeal Board shall grant to each appellant or applicant a public hearing, and shall have power to administer oaths to persons testifying at such hearings. A-180.41. - Date of Hearinq. - The A ppeal Board shall, within thirty (30) days after the date of filing of the appeal or applicaition, set a date for the hearing. A-180.42. - Notice of Hearinq. - The Appeal Board shall give not less than fifteen (15) nor more than thirty (30) days notice of the date of hearing. Such notice shall contain the address of the property in question, the owner of • -10- the'pr`operty and the nature of the application or appeal. A copy of :Is ¢ also to 0 he notice shall be mailed to the appellant or applicant,and/the hearing complainant if the ap Rai A arises from the complaint of a person other than the Director. A-180.5. - Continuances. - The Appeal Board may, in its discretion, grant continuances, and shall notify the appellant or applicant and any complainant with respect to the appeal or application, of any continuance. A-180.6. - Stay of Decision of the Director. - An appeal or application for variation or extension of time properly filed shall stay the decision of the Director with respect to all matters set forth in such appeal or application until the Appeal Board has taken final action on the appeal or application and until the appellant or applicant has been served with a copy of such decision. A-180.7. - Appearances. - At the hearing any party may appear in person •or by agent or attorney and present evidence both written and oral relevant to the issues involved and may examine and cross-examine witnesses. A-180.8. - Appeal Board's Decision. - After hearing an appeal, the Appeal Board shall affirm, modify or reverse the decision of the Director or order him to act; after hearing an application for variation or extension of time, the Appeal Board shall grant or deny the relief applied for or shall grant such other relief as it deems proper. The decision shall be binding on the Director and the appellant or applicant. A-180.9. - Delivery of Notices. - The Director shall deliver, in writing, copies of decisions and all other notices on behalf of the Appeal Board, either by personal delivery or by sealed, prepaid mail, •addressed to the appellant or applicant at his last known address. .9-11- • SECTION 28-4 GENERAL DEFINITIONS Subsection A-200.0. - SCOPE Unless otherwise expressly stated, for the purpose of this code, the following terms shall have the meanings indicated in this Section. A-200.1. - Interchangeability. - Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular. A-200.2. - Terms Defined in the Buildinq Code. - Where terms are not defined in this code and are defined in the Basic Building Code, they shall have the meanings ascribed to them as in the Building Code. A-200.3. - Terms Not Defined. - Where terms are not defined in this is code or in the Basic Building Code, they shall have ascribed to them their ordinarily accepted meanings as implied by context. Subsection A-210.0. - APPLIED MEANING OF WORDS AND TERMS Air Contaminants. - Particulate matter, fly ash, dust, fumes, gas, mist, smoke, vapor or odor, or amy combination thereof. Air Pollution. - Presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, orxxWbanaunreasonably interfere,: with the enjoyment of life or property. Air Pollution Control Equipment. - Fly -ash collector, electrostatic precipitator, smoke -arresting or smoke -preventing equipment, dust - separating equipment and similar equipment. -12- SC Buildinq a New Fire. - Starting a fresh fire, but not replenishing an • existing fire with additional fuel or refuse. City. - City of Evanston, Illinois. Combustion Equipment. - Any furnace, incinerator, fuel -burning equip- ment, refuse -burning equipment, boiler, apparatus, device, mechanism, stack, chimney, breeching or structure in which fuel or other com- bustible material is burned or through which the products of com- bustion pass. Decision. - Ruling, regulation, determination, rule, requirement or other order. Director. - The Director of Building or his duly authorized repre- sentative. Domestic Heating Equipment. - Equipment used for heating water or air for a dwelling containing fewer than five (5) dwelling units only. • Domestic Refuse-Burninq Equipment. - Any refuse -burning equipment or incinerator used for a dwelling containing fewer than five (5) dwelling units only. Downdraft Furnace. - A furnace containing two separate grates, one above the other: The top grate consists of water tubes. The bottom grate consisting of common grate bars is fed by partially consumed fuel falling from the upper grate. The air for combustion enters through the upper fire door, and passes first through the bed of green fuel on the upper grate and then over the incandescent fuel on the lower grate. Fuel. - Any form of combustible solid, liquid or vapor, except that refuse shall not be considered a fuel. Fuel-Burninq Equipment of the Automatic, Mechanically Fired Type. - Any combustion equipment incorporating means by which fuel is auto- matically and mechanically introduced from outside the furnace into -13- Ythe zone of combustion. ��S> • Fuel-Burninq Equipment of the Hand=Fired Type. - Any combustion equipment in which fresh fuel is manually introduced directly into the furnace. Garbaqe. - Animal and vegetable wastes originating in dwelling units, residences, kitchens, restaurants, hotels, produce markets, etc. Hiqh-Pressure Boiler. - Any boiler designed to operate at a steam. pressure greater than 15 lbs. per square inch. Incinerator. - Any device designed and intended for the destruction of refuse by burning, but not including heating equipment. Low Pressure Boiler. - Any boiler designed to operate at a steam pressure of 15 lbs. per squqre inch or less. Low -Volatile Solid Fuel. - A solid fuel, the volatile content of which is 23% or less on an ash -free and moisture -free basis, or a solid • fuel approved as hereinafter stated. Multiple -Chamber Incinerator. - Any incinerator consisting of two or more refractory -lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts and designed for maximum combustion of the material to be burned; this shall not be the heating plant. Multiple -Family Dwellings. - For this code only, dwellings containing five or more dwelling units. Open Fire. - Any fire from which the products of combustion are admitted directly into the open air without passing through a stack or chimney. Person. - Any individual, company, organization, operator, user, owner, employee, or any representative thereof acting in any capacity. • -14 - �JsB 3- Process Equipment. - Any equipment employed in commercial, industrial or manufacturing processes such as heat treating furnaces, by-product coke plants, ovens, mixing kettles, crushing, milling or grinding equipment, cupolas, blast furnaces, puddling furnaces, sintering plants, Bessemer converters, electric steel furnaces, foundries, stills and kilns, dryers, roasters, and equipment used in connection therewith, and all other forms of manufacturing or processing equipment which may emit air contaminants. Refuse. - Garbage, rubbish or trade waste, or any combination thereof. Ringelmann Chart. - The chart published and described in the U.S. Bureau of Mines Information Circular 8333, and on which are illustrated various percentages of total blackness for use in estimating the light obscuring capacity of smoke. Rubbish. - Wast materials including, but not limited to, rags, clothes, • leather, rubber, carpe-;,-s, wood, excelsior, leaves, paper,ashes, tree branches, yard trimmings, furniture, tin cans, glass, crockery, masonry, and other similar materials. Smoke. - Small gasborne particles other than water that form a visible plume in the air. Trade Waste. - Solid or liquid materials including, but not limited to, rubbish, plastic products, chemicals and cinders which result from any construction (destruction, demolition), business, trade or industry. • -15- ' SECTION 28-5 • GENERAL REGULATIONS ~,S3 Subsection A-300.0. - SCOPE All combustion or process equipment and open fires shall comply with the applicable requirements of this code and the detailed provisions of this Section. Subsection A-310.0. - GENERI�L RESTRICTIONS ON AIR POLLUTION' A-310.1. - General Restrictions. - No person shall cause or allow the emission from any source into the open air of air contaminants so as to cause air pollution. Such air pollution is declared to be a nuisance and may be summarily abated by the Director; such abatement may be in addition to any fine. -imposed for violation of this provision. A-310.2. - Smoke Maximum. - No person shall cause or allow the emission from any source of smoke of a density, shade or opacity equal • to or greater than that described as ##2 on the Ringelmann Chart. A-310.21. - Exceptions. - The provisions of Section A-310.2. may be exceeded for combustion and process equipment as follows: 1. For a period or periods aggregating 4 minutes in any 30 minutes of a density, shade or opacity equal to but not greater than that described as #2 on the Ringelmann Chart. 2. For a period or periods aggregating 4 minutes in any 60 minutes of a density, shade or opacity equal to but not greater than that described as #3 on the Ringelmann Chart when building a new fire. A-310.22. - Method of Measurer+ent. - Where the density of the smoke as observed falls between two consecutive Ringelmann Chart shades, the shade with the lower Ringelmann number shall be considered the 0 density of the smoke observed. ' -16- �0 • A-310.3. - Open Fires. - No open fires are allowed. No person shall burn leaves or other refuse in an open fire. A-310.31. - Exceptions. - Open fires which are used for cooking food at public and private gatherings are permitted. Subsection A-320.0. - COAL BURNING EQUIPMENT A-320.1. - Automatic Mechanically Fired Eauipment. - All institutional, industrial and commercial buildings and multiple -family dwellings using, coal for fuel shall be equipped with fuel -burning equipment of the automatic, mechanically fired type. A-320.2. - Hand -Fired Equipment. - In buildings other than those re- ferred to in Subsection A-320.1., no person shall operate any hand - fired fuel -burning equipment with any solid fuel other than low - volatile solid fuel. • A-320.3. - Approved Fuels. - The Director shall maintain and upon request furnish a list of brands or trade m of approved low - volatile solid fuels and shall prescribe the requisite testing pro- cedures for any person seeking approval of a solid fuel not so listed; the expense of any such test or tests shall be borne by the person seeking approval. Subsection A-330.0. - REFUSE DISPOSAL BY BURNING A-330.1. - Multiole-Chamber Incinerators. - No person shall burn refuse except in a multiple -chamber incinerator equipped with auxiliary automatic gas -firing equipment with adjustable operation cycle -timers and pilot- and flame -failure protective devices. Such multiple -chamber incinerators shall not be of the flue -fed type. • A-330.11. - Construction. - All incinerators in this classification shall be constructed in accordance with the applicable standards as +17- s�t fdrth in the Incinerator Institute of America publication entitled s l 'Incinerator Standards", 1963 edition, and they shall be of the requisite size as shown in Table VII therein. A-330.12. - Exceptions A-330.121. - Burninq Type 1 [°taste. - The requirement for auxiliary automatic gas -firing equipment with adjustable operation cycle -timers may be waived by the Director if the multiple -chamber incinerator is to be used only for the combustion of"type 1 waste", as defined in the Incinerator Institute of America publication entitled "Incinerator Standards", 1963 edition. This waiver will be rescinded upon a finding by the Director that the actual use of the incinerator is in violation of the requirements of Subsection A-310.0. A-330.122. - Existinq Class II Incinerators. - Existing flue -fed Class II incinerators as defined in the Incinerator Institute of America publication entitled "Incinerator Standards", 1963 edition, may con- Winue to be used provided that they meet or are modified to meet the following requirements: 1. These incinerators shall be served by a separate flue to which only the incinerator will be connected. 2. Flue door openings shall be designed so that the clear opening of the door shall not exceed one-third of the cross -sectional area of the flue. 3. Flue doors and frames shall be approved and labelyd by the Underwriters' Laboratories,Inc. 4. Flue doors shall be self -closing. 5. These incinerators shall be equipped with auxiliary automatic gas -firing equipment with adjustable operation cycle -timers. 6. The auxiliary gas -firing equipment shall be equipped with • pilot- and flame -failure protective devices. 7. These incinerators shall have a roof -mounted settling chamber proportioned to reduce gas velocity to one-quqrter of the velocity in the flue. 8. These incinerators shall have a chimney height of five feet above the highest point of the building or above any obstruction within 50 feet of the chimney. 9. These incinerators shall have a minimum grate area of 0.15 square feet per sleeping room or efficiency unit. 10. These incinerators shall have a minimum volume of 3 cubic feet for each square foot of grate area. 11. These incinerators shall have secondary or overfire air provided through adjustable openingsequivalent in area to 2square inches per square foot of grate area. • Subsection A-340.0. RESPONSIBILITY FOR EQUIPMENT AND ITS OPERATION A-340.1. - Equipment Operator's Responsibility. - The person operating or in charge of the combustion or process equipment or air pollution control equipment shall be responsible for meeting the provisions of this code and may be cited for violations caused by his acts. A-340.2. - Owners' or Agents'• Responsibility. - It shall be the duty of owners of any combustion or process equipment or air pollution control equipment or their agents, to instruct or cause to be in- structed the persons operating or in charge of such equipment in the proper use of the equipment, and any owner or agent may be cited for violations resulting from his failure to give such instructions. Subsection A-350.0. VIOLATIONS AND PENALTIES. • A-350.1. - Violations. - Any person failing or refusing to comply with, or resisting or opposing the enforcement of, any of the provisions -19- of this code shall be deemed to have committed a violation thereof. •A-350.2. - Penalties for Violations. - An person found guilty of Y p 9 Y committing a violation of this code, except when otherwise specifically provided, shall upon conviction thereof be punished by a fine of not less than twenty five ($25.00) Dollars, nor more than five hundred ($500) Dollars. A separate and distinct violation shall be regarded as committed each day on which such person shall permit or continue such violation." SECTION 2: That Sections 28-6, 28-7, 28-8, 28-9, 28-9.10 28-9.2, 28-9.3, 28-9.4, and 28-9.5 of the Code of the City of Evanston, 1957, as amended, be and they are hereby repealed. SECTION 3: That any appeals or other proceedings pending under the provisions of the •"EVANSTON AIR POLLUTION ORDINANCE" on the effective date of this ordinance shall be abated and held for naught. SECTION 4: The intention of the City Council is hereby expressed that the provisions of this ordinance are severable, and that the invalidity of any portion of any section hereof, or of any section hereof, shall not affect any other portion or section of this ordinance. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form in the manner provided by law. INTRODUCED December 11, ADOPTED December 11 ,1967 ,1967 APPROVED December 11 is/s/ John D. Emery Mayor ,1967 K ATTEST: /s/ Maurice F. BroNa City Clerk Approved as to form: /s/ Jack M. SieRel Corporation Counsel Publ i shed December 21 , 1967 Code Page 374B •