(A) Odoriferous nuisances.  No person in charge of property on which obnoxious, offensive or objectionable odors are crated or generated shall cause or permit odors to escape from that property so as to endanger the health of, cause significant discomfort to, or otherwise deleteriously affect the convenience, safety or welfare of any person within the city limits. All obnoxious, offensive and/or objectionable odors within the city limits are odoriferous nuisances affecting public health and safety, may be penalized as provided in ' 92.99, and may be abated as provided in ' 92.14, notwithstanding any governmental authorizations or permits issued to the odor-causing activity and irrespective of the location of the activity or the economic or social utility thereof.

(B) Evidence of odoriferous nuisances.  All or any of the following shall be evidence of the existence of obnoxious, offensive or objectionable odors within the city limits:

(1) The oral or written complaint of three or more persons, within any 12-hour period, to the effect that odors emanating from any activity within or in the vicinity of the city are causing adverse health effects, significant discomfort, or serious inconvenience to the persons (or to minors within the custody or care of the persons) at a residence or place of business within the city limits; or

(2) The detection and measurement, by a qualified person employing appropriate technology, of one or more of the following odor constituents, at or above the following concentrations, within the city limits:

(a) Hydrogen sulfide at or in excess of six parts per billion (ppb);

(b) Ammonia at or in excess of 50 ppb; or

(3) The finding, by an odor panel, that odors emanating from a source inside or outside the city limits exceed two odor units at the property boundary or at the city limits (whichever is closest to the source.)  The odor panel shall be comprised of six residents of the city appointed by the Mayor and confirmed by the City Council.  The determination by the odor panel shall be based on substantial adherence to the following procedure:  A sample is collected in a glass sampling bulb (25 to 10,000 ml in size) and delivered immediately to the odor panel for a series of dilutions and sniffings using the triangle olfactometer method, in which three samples are presented to each panelist from a series of glass sniffing ports. Two are

test room air (blanks), and the third is odorous air diluted with test room air.  The olfactometer supplies six dilution level.  An odor unit is defined as the volumetric amount of the odorous gas which is detectable by only half the odor panel in 0.03m3 (1 cu. ft.) of odor-free air.  The strength of an odor is determined by the number of dilutions with odor-free air needed to reduce an odor to a barely detectable level.

(C) Abatement of odoriferous nuisances.  The creation or generation of any odoriferous nuisance may be abated upon the motion, petition or complaint of the city or any resident of the city:

(1) By an order of the municipal court of the city enjoining an odor-causing activity within the city limits until such time as the person in charge of the property has given verifiable and enforceable assurances that the activity will no longer create an odoriferous nuisance;

(2) By an order of the circuit court of the State of Oregon for Umatilla County enjoining an odor-causing activity either within or outside the city limits until such time as the person in charge of the property has given verifiable and enforceable assurances that the activity will no longer create an odoriferous nuisance within the limits of the city; or

(3) By any other appropriate legal or equitable remedy available to the city or its residents for the abatement of nuisances.

(Ord. 1944, passed 11-24-97)  Penalty, see ' 92.99