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Notes and Comments.
,Institute, presented the following draft, which was approved by the Board of Managers, and ordered to be transmitted to the Board of Health ; viz. :
A PROPOSF.D ORDr~ANCE to prohibit the frequent emission of opaque smoke from chimneys of boiler furnaces and from smoke-stacks of shifting locomotive engines, and declaring the same a public nuisance subject to penalty. SECTION r. The Select and Common Councils of the City of Philadelphia do ordain: The frequent emission of opaque smoke from any chimney or smoke;stack of any boiler furnace within the corporate limits of the City of Philadelphia, shall be deemed, and is hereby declared to be, a public nuisance, and is hereby prohibited.
SEc. 2. The frequent emission of opaque smoke from the smoke-stack of any shifting locomotive engine, within the corporate limits of the City of Philadelphia, shall be deemed, and is hereby declared to be, a public nuisance, and is hereby prohibited.
SEc. 3. The discharge of opaque smoke for more than three minutes in any one hour, and repeated in subsequent hours, shall constitute frequent emission within the meaning of this ordinance.
SEc. 4. Any person or corporation being the owner, agent, lessee, trustee or manager of any boiler or shifting locomotive engine, and any pc,son or persons employed in operating any such boiler or shifting locomotive engine, who shall cause or permit opaque smoke to be frequently emitted from the chimney of such boiler furnace or from the smoke-stack of such shifting locomotive engine, within the corporate limits of the City of Philadelphia, shall be guilty of creating a public nuisance, and shall, for such offense, on e0nvietion thereof, be liable to a penalty of Sto for the first offense, $25 for the second offense, and $5o for each succeeding offense, to be recovered in the manner that penalties for breaches of city ordinances are now by law recoverable, unless the offender can satisfactorily demonstrate that the smoke emitted from the chimneys or stacks under his control is practically unavoidable and is determined by the necessities of his business which cannot be remedied.
SEe. 5-It shall b~ the duty of the Director of the Department of Public Safety, of his own motion or upon complaint fn writing of any citizen, to enforce the provisions of this ordinance, and to make complaint and cause to be prosecuted all persons or corporations violating the same.
S~c. 6. This ordinance shall go into effect sixty days after its approval.
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