The ordinance, which would be complaint based, would permit fines of up to $2,000 for the following reasons:
- If a device called a Barneby-Cheney Scentometer registers more than two units of odor, which is measured by the amount of clean air required to dilute a scent
- If particulates are emitted beyond the creator's property line at a level deemed to be a nuisance, which means the emissions are either harmful or interfere with normal use and enjoyment of property
- If used fuel standard oil is burnt within the city of San Marcos
Greg Carr, the Neighborhood Enhancement Department's director may add other regulations he deems necessary to meet air pollution standards.
Place 4 Councilmember Shane Scott questioned Carr over whether the ordinance would impact everyday activities, such as barbecues. City staff said family barbecues would probably not be affected by the ordinance, but a commercial barbecue restaurant potentially could.
"It's not just based on one person likes it, the next person doesn't," Carr said. "It's very quantitative, where you have an instrument that can say, 'No, this is good.'"
The final vote on the ordinance is scheduled for the next City Council meeting, which is planned for May 18.
