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ORDINANCE NO. 2021-35 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING CHAPTER 34, ENVIRONMENT, <br />ARTICLE 5, AIR POLLUTION, OF THE SAN MARCOS CITY CODE BY <br />ADDING A NEW DIVISION 4, CLEAN AIR, THAT PROVIDES <br />SUPPLEMENTAL REGULATIONS CONCERNING THE EMISSION OF <br />AIR CONTAMINANTS AND CONTROLLING OR ABATING AIR <br />POLLUTION; CREATING ASSOCIATED OFFENSES AND PENALTIES; <br />PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF <br />ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE <br />DATE. <br />RECITALS: <br />1. The city council seeks to safeguard the air resources of the city from air pollution <br />and to promote the protection of the public health, safety, general welfare, and physical property <br />of the people within the city by regulating the emission of air contaminants and by controlling or <br />abating air pollution. <br />2. Enacting such regulations is in the interest of the public health, welfare and safety. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. The city council adopts the recitals as true and correct and such recitals are <br />made a part hereof. <br />SECTION 2. Chapter 34, Environment, Article 5, Air Pollution, of the San Marcos City <br />Code is amended by adding a new Division 4, Clean Air, to read as set forth below. Added text is <br />indicated by underlining and deleted text is indicated by strikethroughs. <br />DIVISION 4. CLEAN AIR <br />Sec. 34.405. Short title. <br />This division may be cited as the City of San Marcos Clean Air Ordinance. <br />Sec. 34.406. Declaration of policy. <br />It is the policy of the City of San Marcos to safeguard the air resources of <br />the city from air pollution and to promote the protection of the public health, safety, <br />general welfare, and physical property of the people within the city by regulating <br />emission of air contaminants and by controlling or abating air pollution. The <br />provisions of this division are to be construed, according to the fair import of their <br />terms, to affect this policy_ <br />