§46-17  Regulation of certain publicnuisances.  Any provision of law to the contrary notwithstanding, thecouncil of any county may adopt and provide for the enforcement of ordinancesregulating or prohibiting noise, smoke, dust, vibration, or odors whichconstitute a public nuisance.  No such ordinance shall be held invalid on theground that it covers any subject or matter embraced within any statute or ruleof the State; provided that in any case of conflict between a statute or ruleand an ordinance, the law affording the most protection to the public shallapply, with the exception that:

(1)  An ordinance shall not be effective to the extentthat it is inconsistent with any permit for agricultural burning granted by thedepartment of health under authority of chapter 342B, or to the extent that itprohibits, subjects to fine or injunction, or declares to be a public nuisanceany agricultural burning conducted in accordance with such a permit; and

(2)  An ordinance shall not be effective to the extentthat it is inconsistent with any noise rule adopted by the department of healthunder authority of chapter 342F. [L 1974, c 158, §2; am L 1978, c 120, §1; am L1994, c 5, §1; am L 1999, c 265, §2]

 

Cross References

 

  Adoption of state community noise code, see §342F-30.5.