ORD 2021-035/ Amending Chapter 34 Environment Article 5 Air Pollution of the City code

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(d) A separate offense is committed each day in which an offense under this division occurs. (e) If an enforcing officer designated by the director has probable cause to believe that aperson has committed an offense under this division, the enforcing officer mqy issue the person a written citation requiringthat hat person to appear in municipal court to answer the charge. If upon request by the enforcing officer, the person believed by the enforcing officer to have committed the offense refuses to promise to appear in court by signing the citation the enforcing officer may cause ause the person to be arrested The citation must include the name of the person cited for the offense identification and date of offense alleged and date of citation. The enforcing officer issuing a citation shall sign, it. (f) In addition to the criminal enforcement remedies in subsection (e), the authority of the director under Sections 34.411-34.413, and other authority or remedies provided in this division the director mqy pursue any other le ag_ 1 or equitable remedies includingcivil penalties or injunction to enforce the provisions of this division. Prosecution for an offense under this division does not prevent the use of such other civil enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. Secs. 34.417. Exemptions. The following are exempt from this ordinance: 1) Outdoor cookiniz. Charcoal burners, open flame cooking appliances LP gas burners outdoor gills barbecue grills, residential smoker, or any other outdoor cooking appliance that generates sufficient heat to cook in on or about the appliance, provided the foregoing shall not be operated or stored on balconies or within 15 feet of a structure or combustible material or in violation of other applicable ordinances. (2) General. Any open burning, bonfire, fire pit, recreational fire, or portable outdoor fireplace conducted and approved in accordance with Sections 307.1.1 through 307.5, or other applicable and successor provisions of the International Fire Code, together with local amendments, then in effect under Chapter 38. (3) Residential fireplace. Sees. 34.4-0-5418-34.700. Reserved. SECTION 3. In codifying the changes authorized by this ordinance, paragraphs, sections and subsections may be renumbered and reformatted as appropriate consistent with the numbering and formatting of the San Marcos City Code.