Chapter 6.76
HOG RANCHES
Sections:
6.76.020 Computing number of hogs.
6.76.030 Compliance--Enforcement--Penalty.
6.76.040 Application for permit.
6.76.050 Investigation of applicant--Hearing.
6.76.060 Report from health officer.
6.76.070 Issuance of permit--Denial.
6.76.080 City clerk determination.
6.76.100 Amendment of permits.
6.76.110 Terms--Payment of fees.
6.76.010 Definitions.
For the purposes of this chapter, the following words and phrases are defined and shall be construed as having the following meanings:
(1) “Commercial garbage” means any and all garbage other than garbage produced incidentally upon the premises covered by permit;
(2) “Commercial hog ranch” means any premises where not less than two hogs and not more than three thousand hogs are maintained, raised, fed or fattened on commercial garbage;
(3) “Garbage” means all animal or vegetable refuse or residue from kitchens, canneries, bakeries, restaurants, lunch stands, distilleries wineries, meat, fish, fruit or vegetable markets and other similar food handling places, and all household waste or residue that shall result from the preparation or care for, or treatment of, foodstuffs intended to be used as food, or shall have resulted from the preparation or handling of food for human consumption, or any decayed or unsound meat, fish, fruit or vegetables. (Ord. 8 Sec. 2 (County Ord. 431 Sec. 1), 1964)
6.76.020 Computing number of hogs.
When computing the number of hogs for the purposes of this chapter, or any permit issued under this chapter, all hogs shall be counted except unweaned pigs. (Ord. 8 Sec. 2 (County Ord. 431 Sec. 2), 1964)
6.76.030 Compliance--Enforcement--Penalty.
It constitutes a public nuisance and is unlawful for any person, firm or corporation to engage in, conduct, manage or carry on a commercial hog ranch, or use any property in the city for the maintaining, feeding, fattening or raising of more than one hog fed on commercial garbage, unless such an activity is operated in strict compliance with the terms of this chapter and the conditions of a permit procured from the city council as provided in this chapter.
The city health officer is charged with the responsibility of enforcing this section and of making such inspections and taking such actions as are necessary to insure compliance with the terms of this chapter and all conditions of commercial hog ranch permits issued by the city. Any infraction of this chapter or permits shall be reported in writing to the city council who shall revoke the violator’s permit or take such other action as it deems necessary. This penalty is in addition to those provided in Section 1.04.020. (Ord. 8 Sec. 2 (County Ord. 431 Sec. 3), 1964)
6.76.040 Application for permit.
Any person, firm or corporation desiring or proposing to engage in the commercial hog ranch business shall make written application to the planning commission of the city for a permit so to do. Such application shall be accompanied by the application fee provided in Section 6.76.090; provided, however, that no permit shall be granted for a commercial hog ranch having more than three thousand hogs. Each application shall be accompanied by an affidavit of the owner or his authorized agent, stating the following:
(1) The name and address of the owner of the property,
(2) The acreage of the property;
(3) The legal description of the property;
(4) The name and address of the proposed operator or operators of the commercial hog ranch, and, if a corporation, the names and addresses of the directors and officers thereof;
(5) An affidavit of the proposed operator of the commercial hog ranch which affidavit shall set forth:
(A) The maximum number of hogs which the applicant proposes to maintain, raise, feed or fatten on the ranch,
(B) The type of feed to be used; if commercial garbage and whether or not the same will be cooked in accordance with rules and regulations of the Department of Agriculture, state of California,
(C) The source or sources and estimated quantity of garbage and offal to be fed daily,
(D) A plot plan showing the premises described in the application, the plan to designate clearly the specific portions of the premises which will be used for the operation of the commercial hog ranch, the proposed location of all buildings, structures, pens, food containers, feeding devices, fences and drainage installations,
(E) A statement of the method of waste disposal that will be employed and information concerning the character of the soil,
(F) A statement that the premises described in the application which are to be used for the operation of the commercial hog ranch, are not within two miles of any public school, public park, the boundaries of any municipality in the city, or any then existing residential subdivision under private deed restrictions; or within one mile of any occupied dwelling house not on the premises; or within two thousand feet of any county or state highway; or within two miles of any duly permitted or existing commercial hog ranch, provided, however, that facts inconsistent with the foregoing may be set out if accompanied with applicant’s statement of the circumstances which he believes justifies the issuance of the permit notwithstanding the inconsistency,
(G) A statement to the effect that the premises on which the commercial hog ranch is to be operated are so zoned under Title 18 of this code, as to permit the type of desired operation. (Ord. 8 Sec. 2 (County Ord. 431 Sec. 4), 1964)
6.76.050 Investigation of applicant--Hearing.
Upon receipt of an application for the maintenance and operation of a commercial hog ranch and the two affidavits required by this chapter, the planning commission shall cause the statements as presented to be forthwith investigated and if the statements are verified as presented, the planning commission shall set a date for public hearing thereon, which date shall be not less than fifteen nor more than forty-five days from the receipt of the application. Not less than ten days prior to the date of the hearing, the planning commission shall cause notice of the hearing to be given in the community or district in which the commercial hog ranch is proposed by causing to be published once, in a newspaper of general circulation in the city, a notice setting forth the fact that a commercial hog ranch is proposed to be located on property which is to be generally described in the notice, together with a statement of the time and place of the public hearing and a statement that the legal description of the proposed premises is on file in the planning commission office, court house, Norco, California. Further notice of the public hearing shall be given by posting not less than ten days prior to the date of public hearing, at least two signs headed by the words “proposed Commercial Hog Ranch” in letters not less than two inches in height, along or upon and visible from the state or county highway nearest the premises to which the application refers, specifying the general location of the proposed commercial hog ranch and the time and place of the public hearing upon the application. Also, cause a post card notice to be mailed to the owners of all property within a distance of five hundred feet from the exterior boundaries of the premises involved in the application, and to the owners of such other property as in the judgment of the commission might be affected by the establishment of the use requested. The owners shall be determined by reference to the latest assessment roll of the city for the purpose of sending notices. (Ord. 8 Sec. 2 (County Ord. 431 Sec. 5), 1964)
6.76.060 Report from health officer.
Within not more than seven days after the filing of the application, notice of the filing thereof shall be given to the city health officer who shall make such investigations as he feels necessary and shall report to the planning commission in writing on or before the date of the public hearing, whether it, in his opinion the commercial hog ranch will or will not be detrimental to the public health, safety and general welfare and may set forth in such report such additional information as he feels will be of value in determining the question of granting or denying the permit and the placing of conditions thereon. (Ord. 8 Sec. 2 (County Ord. 431 Sec. 6), 1964)
6.76.070 Issuance of permit--Denial.
Within forty days after the conclusion of the public hearing, the planning commission shall file with the city clerk, all exhibits, summaries of testimony, copy of application and such other materials as may have been filed with it during the public hearing or filed as required by law, and if the planning commission determines that the maintenance of a commercial hog ranch as proposed in the application would not be a detriment to the public health, safety and general welfare, the planning commission in such case shall recommend to the cite clerk that a permit to conduct a commercial hog ranch be issued. Such permit must state the maximum number of hogs, not to exceed three thousand, to be permitted upon such ranch at any one time and shall be subject to such further conditions as the commission may determine are necessary and proper under the circumstances. If the commission determines that the maintenance of a commercial hog ranch would be detrimental to the public health, safety and general welfare it shall recommend to the city clerk that the application be denied. (Ord. 8 Sec. 2 (County Ord. 431 Sec. 7), 1964)
6.76.080 City clerk determination.
Within forty days after receiving the recommendation and materials from the planning commission as required in Section 6.76.070, the city clerk shall determine whether the proposed use requested in the application for permit together with such conditions as may have been recommended by the commission, will or will not endanger the public health, safety or general welfare, and shall grant such permit as applied for subject to such conditions and restrictions as it shall find to by necessary or shall deny the permit accordingly.
The city clerk at its option either upon its own motion or upon the request of the applicant, may hear and consider evidence in addition to the report and supporting material from the planning commission before granting, denying, revoking, modifying or refusing to revoke any permit, but shall not consider any additional statement, argument or evidence of any kind or nature whatsoever except at a public hearing, notice of the time and place of which shall be given in the same manner as was employed by the planning commission in calling the original public hearing on the application. (Ord. 8 Sec. 2 (County Ord. 431 Sec. 8), 1964)
6.76.090 Fees.
(a) New permit application fee is one hundred dollars, which shall be paid upon the filing of an application for a new commercial hog ranch permit.
(b) Inspection fee is ten dollars annually per one hundred hogs or fraction thereof allowed under terms of permit regardless of whether a lesser number of hogs are actually on the premises, provided, however, that if the number of hogs allowable has been reduced pursuant to Section 6.76.100 (a), such reduced number shall control the amount of the inspection fee. Minimum annual fee regardless of number of hogs allowable is one hundred dollars. This fee shall be payable in advance on or before July 1st of each year, except in cases of new permits issued after July 1st of any fiscal year, in which cases the inspection fee shall be prorated for the remaining portion of the year and payable before the new permit shall become effective. Increases in allowable numbers of hogs by amendment procedures are subject to payment of inspection fees without proration, the same as though such number existed as of July 1st next preceding the granting of the amendment.
A late fee equal to twenty-five percent of the inspection fee due shall be added to any inspection fee not paid prior to July 15th of the fiscal year for which the fee is charged. Any commercial hog ranch permit for which an inspection fee is not paid prior to September 1st of the fiscal year for which the inspection fee is charged, shall be automatically revoked.
(c) Fee upon amendment of permit is as follows:
(1) Change in number of hogs at permittee’s option under Section 6.76.100 (a) is fifteen dollars;
(2) Increase in maximum allowable number of hogs under Section 6.76.100 (b) is one hundred dollars.
(d) All fees provided for under this chapter shall be paid to the city planning commission. (Ord. 8 Sec. 2 (County Ord. 431 Sec. 9), 1964)
6.76.100 Amendment of permits.
(a) At option of permittee. The permittee has the option of changing the number of hogs to be permitted upon his commercial hog ranch at any time providing such number is not in excess of the maximum number of hogs allowable as set in his permit as issued by the city clerk or as amended by it. A change under this subsection shall be effected, without hearing, by the filing of a written application and the deposit of the requisite fee with the city planning commission. No such change may have a retroactive effect.
(b) Upon action of the city clerk, an increase in maximum number of hogs allowable can be effected only upon the payment of the requisite fee and compliance with procedures set out herein for a new permit, except that the application may incorporate by reference any and all material filed by the permittee as a part of his original application, or any of his subsequent applications, providing the materials to be incorporated appear in the files of the planning commission or city clerk. (Ord. 8 Sec. 2 (County Ord. 431 Sec. 10), 1964)
6.76.110 Terms--Payment of fees.
Any and all commercial hog ranches existing and operating within the city under and pursuant to the provisions of Riverside County Ordinance No. 347, as amended, shall be subject to the terms of this chapter, and permits under which they are operating shall be interpreted and deemed issued under the terms hereof except that they shall be exempt from paying the inspection fee required in Section 6.76.090, until the first day of July, 1957.
Any and all fees, license fees and charges due and unpaid on any unrevoked commercial hog ranch permit granted in the city as of the effective date of the ordinance codified in this chapter, whether such fee, license fee or charge comes under the provisions of this chapter or Ordinance No. 347 of the County of Riverside, shall be paid not later than July 15, 1957, or such commercial hog ranch permit shall be automatically revoked. (Ord. 8 Sec. 2 (County Ord. 431 Sec. 11), 1964)