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~ MO.2~07-9~4.. AN ORDINANCE TO DEEM CERTAIN OBJECTIONABLE ODOR A PUBLIC NUISANCE. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: That the Code of the City of Portsmouth, Virginia (2006) be, and hereby is, amended and reordained by Adopting a new article in Chapter 23, numbered Article VI, consisting of Sections 23-106, 23-107, and 23-108, as follows: ARTICLE VI. ODOR Sec. 23-106. Prohibition. No owner, operator, occupant, or tenant of real property located within or without the City may cause or allow odor to be emitted beyond the boundaries of the real property in a manner that: (a) Results in odors or smells that are offensive or obnoxious to reasonable persons within the City; (b) Endangers the health and welfare of the public; (d) Creates a general detrimental effect on property in any neighborhood within the City; or (e) Unreasonably interferes with the public's enjoyment of life, health, safety, peace, comfort, or property. Sec. 23-107. Public nuisance determination. A public nuisance shall be deemed to exist if any of the following conditions are present: (a) Odor is detectable in a sample of the ambient air after it is diluted with four equally sized samples of odor-free air, for two samples or observations not less than fifteen minutes apart within a one hour period, as measured by an approved field olfactometer device such as a Nasal Ranger Field Olfactometer and Scentometer@, according to the manufacturer's specifications and operating instructions. (b) Odor is detectable in the ambient air greater than 75 parts per million n-butanol equivalent using the Odor Intensity Referencing Scale of A TSM E54475, 88. (c) (1) There is a written citizen complaint that, when fairly read, alleges a violation of Section 23-106 (2) The complaint is filed with the City Manager, and (3) The City Manager thereafter verifies the complaint by majority decision of an independent panel of no less than five Portsmouth citizens of ordinary sensibilities. The panel shall file a written report of its investigation and decision with the City Manager.