Chapter 5.24
RIGHT TO FARM
Sections:
5.24.040 General restrictions.
5.24.050 Compliance with laws.
5.24.010 Definitions.
When used in this chapter:
“Farm” means the land and buildings used in the commercial production of farm products.
“Farm operation” means conditions or activities which occur on a farm in connection with the production of farm products, including but not limited to: marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery or irrigation pumps; ground and/or aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides and herbicides and associated drift of such materials; and the employment and use of labor.
“Farm product” means plants and animals useful to human beings including but not limited to: forage and sod crops; grains and feed crops; dairy and dairy products; poultry and poultry products; livestock breeding and grazing; fruits, vegetables, flowers, seeds, grasses and trees; fish, apiaries, equine and other similar products; or any other product which derives from an agricultural activity.
“Generally accepted agricultural and management practices” means historic practices, practices as defined by the state of Washington Department of Agriculture or USDA; recommendations of Washington State Cooperative Extension Services and recommendations of other professional and industrial agriculture organizations.
“Person” means an individual, corporation, partnership, association or other legal entity. (Ord. O-4-90 § 1)
5.24.020 Nuisance determined.
A farm operation shall not be found to be a public or private nuisance if (1) the farm or farm operation conforms to generally accepted agricultural and management practices; and (2) the farm or farm operation existed before a change in the land use or occupancy of adjacent land or other land in the general area. (Ord. O-4-90 § 2)
5.24.030 Time restrictions.
Farm operations shall not be restricted to time of day or day or days of the week. (Ord. O-4-90 § 3)
5.24.040 General restrictions.
Farm operations may be restricted only according to generally accepted agricultural and management practices when these practices are subject to varying conditions including but not limited to: geographical location, weather, soil types and conditions, type of crop or livestock, and management systems. (Ord. O-4-90 § 4)
5.24.050 Compliance with laws.
Any farm operation undertaken in accord with federal, state or local laws and regulations is presumed to be good and generally accepted agricultural practice and not adversely affecting public health or safety. (Ord. O-4-90 § 5)