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BEFORE THE BO OF SUPERVISORS OF THE COUNTY OF N JOAQUIN,
<br /> STATE OF CALIFORNIA
<br /> ORDINANCE NO. 3233
<br /> AN ORDINANCE ADDING DIVISION 9, CHAPTER 1 (COMMENCING WITH SECTION 6-9000) TO THE
<br /> ORDINANCE CODE OF SAN JOAQUIN COUNTY PERTAINING TO THE RIGHT TO FARM.
<br /> The Board of Supervisors of the County of San Joaquin, State of California, do
<br /> ordain as follows:
<br /> SECTION 1. Division 9, Chapter 1 (commencing with Section 6-9000) is added to the
<br /> Ordinance Code of San Joaquin County to read as follows:
<br /> Division 9. Right to Farm.
<br /> Chapter 1. Not a Nuisance.
<br /> Section 6-9000.
<br /> (a) No agricultural activity, operation, or facility, or appurtenances
<br /> thereof, conducted or maintained for commercial purposes, and in a manner
<br /> consistent with proper and accepted customs and standards as established and
<br /> followed by similar agricultural operations in the same locality, shall be
<br /> or become a nuisance, private or public, due to any changed condition in or
<br /> about the locality, after the same has been in operation for more than three
<br /> years if it was not a nuisance at the time it began.
<br /> (b) Subdivision (a) shall not apply if the agricultural activity, operation,
<br /> or facility, or appurtenances thereof obstructs the free passage or use, in
<br /> the customary manner, of any navigable lake, river, bay, stream, canal, or
<br /> basin, or any public park, square, street, or highway.
<br /> (c) This section shall not invalidate any provision contained in the Health
<br /> and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division
<br /> 7 (commencing with Section 13000) of the Water Code, if the agricultural
<br /> activity, operation, or facility, or appurtenances thereof, constitute a
<br /> nuisance, public or private, as specifically defined or described in any such
<br /> provision.
<br /> (d) California Civil Code Section 3482.5 shall prevail over any contrary
<br /> provision of this ordinance.
<br /> (e) For purposes of this section, the term "agricultural activity,
<br /> operation, or facility, or appurtenances thereof" shall include, but not be
<br /> limited to, the cultivation and tillage of the soil, dairying, the
<br /> production, cultivation, growing, and harvesting of any agricultural
<br /> commodity including timber, viticulture, apiculture, or horticulture, the
<br /> raising of livestock, fur bearing animals, fish, or poultry, and any
<br /> practices performed by a farmer or on a farm as incident to or in conjunction
<br /> with such farming operations, including preparation for market, delivery to
<br /> storage or to market, or to carriers for transportation to market.
<br /> Section 6-9001.
<br /> (a) The Department of Building and Planning shall give a copy of this
<br /> section to persons obtaining building permits. Said person shall deliver the
<br /> copy to the owner of the building.
<br /> (b) Owners or persons in control of land that contain uses consistent with
<br /> Section 6-9001 may post signs stating: "Right to Farm Area, Civil ,Code
<br /> Section 3482.5, OCSJC Section 6-9000".
<br /> SECTION 2. This ordinance shall take effect and be in force thirty (30) days
<br /> after its adoption, and prior to the expiration of fifteen (15) days from the
<br /> passage thereof, shall be published once (1) in the Lodi News Sentinel, a
<br /> newspaper of general circulation published in the County of San Joaquin, State of
<br /> California, with the names of the members of the Board of Supervisors voting for
<br /> and against the same.
<br /> PASSED AND ADOPTED this 18th day of March, 1986, by the following vote of the
<br /> Board of Supervisors, to wit:
<br /> AYES: BARBER, COSTA, CASTLES, SOUSA, WILHOIT
<br /> NOES: NONE
<br /> ABSENT: NONE
<br /> DOUGLAS W. WILHOIT, Chairman, Board of Supervisors, County of San Joaquin, State
<br /> of California.
<br /> ATTEST: JORETTA J. HAYDE, Clerk of the Board of Supervisors of the County of San
<br /> Joaquin, State of California, by Caroline Junco, Deputy Clerk (SEAL)
<br /> (2:ORDI:"FARM.111)
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