§ 8-16. Actionable rights; violations declared public nuisance.

(a)

Actionable rights. Persons other than the city shall not acquire actionable rights by virtue of this chapter. A determination by the director or the board that air pollution or air contamination exists or that this chapter or any section of this chapter is being violated shall not create by reason thereof any presumption of law or finding of fact which shall inure to or be for the benefit of any person other than the city.

(b)

Violations declared public nuisance. The emission into the ambient air of air contaminants resulting in air pollution in violation of any section of this chapter within the boundaries of the city and within unincorporated areas within one-half mile of those boundaries is hereby declared a public nuisance injurious to the health and welfare of the inhabitants of the city. It is further declared unlawful for any person to cause, permit or maintain any such public nuisance.

(Code of Gen. Ords. 1967, § 18.98; Ord. No. 56726, 8-2-84; Ord. No. 960782, § A, 8-8-96)

State law reference

Payment of expense of suppression of nuisances, RSMo 71.780.