The following definitions shall apply to the interpretation and enforcement of this chapter and all regulations adopted hereunder:

(A) Air contaminant means any fume, smoke, particulate matter, vapor, gas, or any combination thereof, but not including water vapor, or steam;

(B) City manager means the city manager of Broomfield or his or her designated representative;

(C) Compliance means satisfactory adherence to the requirements of this chapter and any rules and regulations promulgated and adopted hereunder;

(D) Emission means the discharge or release into the atmosphere of one or more air contaminants;

(E) Opacity means the degree to which an emission reduces the transmission of light, expressed in percentage of the obscuration;

(F) Particulate matter means any material, except uncombined water, that exists in a finely divided form as liquid or solid;

(G) Qualified observer means an observer who has achieved certification by the Colorado Department of Health Pollution Control Division after satisfactorily completing a course in observing, grading, and recording visible emissions in terms of opacity;

(H) Smoke means small gas-borne particles resulting from incomplete combustion and consisting predominantly, but not exclusively, of carbon and other combustible materials;

(I) Vehicle means all vehicles propelled by power, other than muscular power, including by way of example but not by limitation, automobiles, trucks, construction equipment, vehicles which operate only upon rails or tracks laid in place on the ground, farm tractors, and any other machines used for any purpose within the city. (Ord. 434 §1, 1981)

No person shall cause to be emitted into the atmosphere from any vehicle with a four-stroke-cycle gasoline engine any visible emission for a period greater than five consecutive seconds. (Ord. 434 §1, 1981)

No person shall cause to be emitted into the atmosphere from any vehicle with a two-stroke-cycle gasoline engine any visible emission for a period greater than ten consecutive seconds, if such emission is of twenty-percent opacity, or greater. (Ord. 434 §1, 1981)

(A) No person shall cause to be emitted into the atmosphere from any vehicle with a diesel-fueled engine, except diesel-fueled locomotives for switching and railroad yard use, any visible emission for a period greater than ten consecutive seconds, if such emission is of thirty-percent opacity, or greater.

(B) No person shall cause to be emitted into the atmosphere from any diesel-fueled locomotive for switching and railroad yard use any visible emission for a period greater than ten consecutive seconds, if such emission is of forty-percent opacity, or greater.

(C) Emissions otherwise in violation of subsections (A) and (B) above, shall be exempt if the emissions are a direct result of cold-engine start-up. (Ord. 434 §1, 1981)

The city manager may devise, promulgate and enforce rules and regulations deemed necessary for the proper and effective enforcement of the provisions of this chapter. Such rules and regulations shall be consistent with the provisions of this article and the standards established herein. Where applicable, such rules and regulations shall be developed in consultation with the county health department. (Ord. 434 §1, 1981)

Sections 8-14-030 and 8-14-040 shall be enforced by qualified observers in the police department. All other provisions of this chapter may be enforced by a member of the police department. All persons authorized to enforce this chapter may exercise their discretion and issue a warning rather than a summons and complaint. The warning shall notify the individual of the nature of the violation and recommend that the cause of the violation be remedied as soon as possible. (Ord. 434 §1, 1981)

Temporary activities which violate the provisions of this chapter may be exempted from the provisions of this chapter by a written permit from the city manager. The city manager shall consider, among other factors, the duration of the proposed activity and the economic hardships that may be imposed if the permit is denied. (Ord. 434 §1, 1981)