Chapter 6.84
COMMERCIAL POULTRY RANCHES
Sections:
6.84.030 License--Application--Fee.
6.84.050 Inspection--Issuance or refusal of license.
6.84.060 License--Expiration--Renewal fee.
6.84.080 License--Refusal--Appeal.
6.84.010 Definitions.
For the purposes of this chapter the following terms shall have the meanings as hereinafter described:
(1) “Commercial poultry ranch” means any premises where poultry are propagated, kept, maintained, raised or fed for the primary purpose of producing eggs or meat for sale;
(2) “Fly control inspector” means the fly control inspector of Riverside County, or his designated representative;
(3) “Person” means an individual, firm, partnership, joint venture, association or corporation. (Ord. 160 Sec. 2 (part), 1971; Ord. 145 Sec. 2, 1971)
6.84.020 License required.
No person shall operate, maintain, or conduct a commercial poultry ranch in the city without first obtaining a license and maintaining such in effect as required by this chapter. (Ord. 145 Sec. 3, 1971)
6.84.030 License--Application--Fee.
(a) Any person who proposes to conduct, maintain, or operate or is operating, conducting and maintaining a commercial poultry ranch, shall make written application to the city manager for a license to do such. The application shall be in such form, and contain such information as the city manager may require. The application shall not be accepted by the city manager unless there is paid with the application a license fee determined as follows: $.005 per chicken used in commercial poultry operation.
(b) The license fee shall be used by city to defray the cost to city of enforcing this chapter and other city ordinances relating to the prevention of fly breeding and other public nuisance problems associated with the operation and conduct of commercial poultry ranches. (Ord. 145 Sec. 4, 1971)
6.84.040 Regulations.
All licensed poultry ranches shall be operated in such a manner as to control and prevent the breeding of flies. Subject to the city council’s approval and adoption by resolution the fly control inspector shall provide regulations which set forth city s requirements for the control and prevention of the breeding of flies. The regulations as adopted by the city council resolution shall be published and made available to all applicants for a license. (Ord. 160 Sec. 2 (part), 1971; Ord. 145 Sec. 5, 1971)
6.84.050 Inspection--Issuance or refusal of license.
After receiving a properly complete application for a license, the city manager shall cause the fly control inspector to promptly inspect the applicant’s commercial poultry ranch to ascertain whether or not the poultry ranch meets the regulations as adopted by city for the prevention and control of the breeding of flies. Unless the fly control inspector determines from the inspection that the applicant’s commercial poultry ranch does not meet the city’s regulations pertaining to the control and prevention of the breeding of flies the city manager shall within thirty days of the application issue a license to applicant. If the fly control inspector determines that the commercial poultry ranch does not meet the city’s regulations for the control and prevention of the breeding of flies, the city manager shall refuse the license, notify the applicant, and advise him of his right to appeal. (Ord. 160 Sec. 2 (part), 1971; Ord. 145 Sec. 6, 1971)
6.84.060 License--Expiration--Renewal fee.
Each license issued under this chapter shall expire on the anniversary of its issuance, unless sooner revoked. An unrevoked license may be renewed for one year on written application to the city manager made at least two months before its expiration date accompanied by the license fee as set forth in Section 6.84.030. The fly control inspector shall make additional inspections of the licensee’s commercial poultry ranch as he deems necessary in the interests of the public health, safety and welfare. If the fly control inspector determines that the applicant’s commercial poultry ranch meets the city’s aforesaid regulations pertaining to the control and prevention of the breeding of flies, the city manager shall within thirty days of the application for renewal issue the renewal license. Otherwise he shall refuse to issue the same, and give notice to applicant of the refusal and advise him of his right to appeal. (Ord. 160 Sec. 2 (part), 1971; Ord. 145 Sec. 7, 1971)
6.84.070 License--Revocation.
The fly control inspector shall inspect each licensed commercial poultry ranch from time to time. After report by the fly control inspector the city manager may revoke any license for failure by the licensee to comply with the regulations of city pertaining to the control and prevention of the breeding of flies. To revoke a license, the city manager shall serve or cause to be served on licensee personally or by certified mail sent to the licensee’s address as shown on the license application, a written notice that the license shall be revoked at the end of the tenth calendar day after such service unless before said date the licensee shall have appealed the proposed revocation to the city council. The notice shall state specifically the reasons and causes for revocation. At the end of the tenth day the revocation shall take effect unless licensee within said period shall have appealed the revocation, in which event revocation shall be stayed pending determination of the appeal. If the revocation is affirmed on appeal, it shall be effective forthwith. A revoked license shall be immediately surrendered to the city manager. (Ord. 160 Sec. 2 (part), 1971; Ord. 145 Sec. 8, 1971)
6.84.080 License--Refusal--Appeal.
An applicant for a license or a licensee may within ten calendar days following receipt of the notice of refusal to issue; or to renew a license; or of the revocation thereof, appeal from the action of the city manager to the city council, by filing a written notice of appeal with the city clerk, on a form provided by the city manager. Appellant shall state in the notice the specific grounds for the appeal. The clerk shall set the matter for hearing before the city council at a regular meeting no earlier than the fifth day nor later than the fifteenth day after he receives the notice. Upon receipt thereof the city clerk shall immediately mail to the appellant at the address stated in his notice of appeal a notice of the time and place of the hearing and provide a copy thereof to the fly control inspector. At the hearing, the council shall hear all relevant evidence offered by the appellant and the city manager. It shall decide the issue within a reasonable time thereafter. Unless the council shall reverse the city manager’s action by at least three affirmative votes his decision shall be deemed affirmed. The burden of proof shall be on the appellant if the appeal is from refusal to issue or renew; it shall be on the city manager if the appeal is from a revocation. (Ord. 145 Sec. 9, 1971)