Chapter 5-24
PROTECTION OF AGRICULTURAL OPERATIONS
Sections:
5-24-01 Definitions.
For the purpose of this chapter, certain words and phrases shall be defined as follows:
(a) “Agricultural land” means all that real property within the boundaries of Stanislaus County zoned as general agriculture (A-2) as defined in the Stanislaus County Zoning Ordinance (Title 21, Stanislaus County Code).
(b) “Agricultural operation” means and includes, but is not limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including viticulture, horticulture, timber, or apiculture; the raising of livestock, fur bearing animals, fish, or poultry; and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.
(1185-CS, Added, 06/13/2013)
5-24-02 Findings and policy.
(a) It is the declared policy of the City of Turlock to protect and encourage the development and improvement of its agricultural operations for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations can become the subject of nuisance suits. As a result, agricultural operators are sometimes forced to cease or curtail their operations. Others may be discouraged from making investments in agricultural improvements to the detriment of the economic viability of the County’s agricultural industry as a whole. It is the purpose of this chapter to reduce the loss to the County of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance. It is the further intent of this chapter to provide the residents of this County with proper notification of the City’s recognition and support of the right to farm agricultural lands.
(b) This chapter is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of State law relative to nuisances; rather, it is only to be utilized in the interpretation and enforcement of the provisions of this Code and City regulations.
(c) An additional purpose of this chapter is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or residence. Such concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke, and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas.
(1185-CS, Added, 06/13/2013)
5-24-03 Nuisance.
No agricultural operation, or appurtenances thereof, conducted or maintained on agricultural lands for commercial purposes, and in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, after the same has been in operation for more than three (3) years if it was not a nuisance at the time it began.
(1185-CS, Added, 06/13/2013)
5-24-04 Right-to-farm notice.
(a) To provide all property owners with constructive notice of the City of Turlock right-to-farm policy, the ordinance codified in this chapter shall be recorded with the County Clerk of the County of Stanislaus.
(b) For all discretionary approvals of parcel maps or subdivision maps involving agricultural land, or real property located adjacent to agricultural land, the City of Turlock shall include as a condition of approval that the final recorded map shall contain the following statement:
All persons purchasing lots within the boundaries of this approved map should be prepared to accept the inconveniences associated with agricultural operations, such as noise, odors, flies, dust or fumes. The City of Turlock has determined that such inconveniences shall not be considered to be a nuisance if agricultural operations are consistent with accepted customs and standards.
(1185-CS, Added, 06/13/2013)