It is hereby declared to be a nuisance and unlawful for any person having a restaurant, tavern, hotel, inn or other eating establishment within the police limits of the city to discharge gases, smoke, air, odors or smells from the premises where such restaurant, tavern, hotel, inn or other eating establishment is conducted which shall be offensive to persons in the neighborhood. The city health officer or chief of police is hereby authorized to notify the owner or tenant of the restaurant, tavern, hotel, inn or other eating establishment that gases, smoke, air, odors or smells offensive to persons in the neighborhood are being discharged from the premises which constitute a nuisance, and that unless such condition is remedied within a period of twenty (20) days from the date of notification by the city health officer or chief of police or such time as may be allowed, not less than twenty (20) days, then such owner or tenant shall be guilty of a violation of this section.
The city health officer or chief of police shall not be called upon to proceed under this section or to take any action hereunder in the event, after investigation, he fells that the gases, smoke, air, odors or smells are not offensive to persons in the neighborhood and do not constitute a nuisance. (Code 1953, § 11.5)