71.760. Smoke nuisance--penalty. - Missouri Statutes

Smoke nuisance--penalty.

71.760. The emission or discharge into the open air of densesmoke within the corporate limits of any city of this state ishereby declared to be a public nuisance. The owners, lessees,occupants, managers or agents of any building, establishment orpremises from which dense smoke is so emitted or discharged shallbe deemed guilty of a misdemeanor, and upon conviction thereof,in any court of competent jurisdiction, shall pay a fine of notless than twenty-five dollars nor more than one hundred dollars.And each and every day whereon such smoke shall be emitted ordischarged shall constitute a separate offense; provided,however, that in any suit or proceeding under this section, itshall be a good defense if the person charged with a violationthereof shall show to the satisfaction of the jury or courttrying the facts that there is no known practicable device,appliance, means or method by application of which to hisbuilding, establishment or premises the emission or discharge ofthe dense smoke complained of in that proceeding could have beenprevented.

(RSMo 1939 § 7575)

Prior revisions: 1929 § 7432; 1919 § 8840; 1909 § 9689