§46-17  Regulation of certain public
nuisances.  Any provision of law to the contrary notwithstanding, the
council of any county may adopt and provide for the enforcement of ordinances
regulating or prohibiting noise, smoke, dust, vibration, or odors which
constitute a public nuisance.  No such ordinance shall be held invalid on the
ground that it covers any subject or matter embraced within any statute or rule
of the State; provided that in any case of conflict between a statute or rule
and an ordinance, the law affording the most protection to the public shall
apply, with the exception that:



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



(2)  An ordinance shall not be effective to the extent
that it is inconsistent with any noise rule adopted by the department of health
under authority of chapter 342F. [L 1974, c 158, §2; am L 1978, c 120, §1; am L
1994, c 5, §1; am L 1999, c 265, §2]



 



Cross References



 



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