Chapter 19.80
AGRICULTURAL LANDS AND OPERATIONS1
Sections:
19.80.020 Findings and policy.
19.80.040 Notice to purchasers of real property.
19.80.050 Installation of signs.
19.80.060 Procedure for resolution of disputes.
19.80.010 Definitions.
Unless the context otherwise requires, the following definitions govern the construction of this chapter:
"Agricultural land" means those land areas in the unincorporated area of Amador County, however zoned, where agricultural operations do or may occur.
"Agricultural operations" mean and include, but are not limited to, cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers necessary for production; protection against frost; protection against bird and animal damage; irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, viticulture, apiculture, the raising of livestock, fish, poultry; and commercial practices, structures, and appurtenant facilities incident to or used in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers for transportation to market. (Ord. 1504(part), 2000).
19.80.020 Findings and policy.
A. It is the declared policy of this county to conserve and protect agricultural land and to encourage agricultural operations within the county. Where nonagricultural land uses, especially residential development, exist on agricultural land or adjacent to or in the vicinity of agricultural operations, agricultural operations have often become the subject of nuisance complaints. As a result, agricultural operations are sometimes forced to cease or curtail operations and people are discouraged from making investments in farm improvements to the detriment of agricultural operations and the economic viability of the county’s agricultural resources by limiting the circumstances under which agricultural operations may be considered a nuisance. This chapter is not to be construed as modifying or abridging state law relative to nuisances, but rather it only is to be utilized in the interpretation and enforcement of the provisions of this code.
B. The further purpose of this chapter is to promote a good neighbor policy between agriculturalist and nonagriculturalist residents by advising purchasers of property near agricultural operations of the inherent potential problems associated with such purchase, including but not limited to the sounds, odors, dust, chemicals, and traffic that may accompany agricultural operations so that such purchasers will understand the inconveniences that accompany living near present or future agricultural operations and be prepared to accept such problems as the natural result of living in or near agricultural land. (Ord. 1504(part), 2000).
19.80.030 Nuisance.
No preexisting or future agricultural operation conducted or maintained for and in a manner consistent with proper and accepted customs and standards on agricultural land shall become or be a nuisance, private or public, due to any change in land uses in or about the locality thereof. The provisions of this chapter shall not apply whenever a nuisance results from negligent or illegal agricultural operation or the agricultural operation obstructs the free passage or use in the customary manner of any navigable lake, river, stream, canal or basin or any public park, square, street or highway. (Ord. 1504(part), 2000).
19.80.040 Notice to purchasers of real property.
Transferors of any parcel of real property located in the unincorporated area of the county, however zoned, and whether improved or unimproved, shall give notice of this chapter to prospective transferees of said real property prior to the transfer as part of all disclosures required by law. Said notice shall be in the form set forth in Attachment "A" hereto which attachment is incorporated in this chapter by reference. (Ord. 1504(part), 2000).
19.80.050 Installation of signs.
The county may install or permit the installation of signs at the entry to or on agricultural land to notify and explain to persons acquiring interests in real property that some of the land in this area is being or may be used for agricultural operations and that the agriculturalists, interests are protected by law. The prospective acquirer of such interest is advised to check local agencies as to any regulation or requirement which may affect the property to be acquired and of inherent potential problems associated with such property or a residence in such areas and of the possible effects from such agricultural operations. (Ord. 1504(part), 2000).
19.80.060 Procedure for resolution of disputes.
Any dispute or controversy regarding inconveniences or discomforts from agricultural operations and interpretation and application of this chapter shall be resolved through the provisions of Chapter 19.64 of this code. (Ord. 1504(part), 2000).
19.80.070 Separability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter. (Ord. 1504(part), 2000).
Prior ordinance history: Ord. 1237.