Chapter 16.43
RIGHT TO FARM
Sections:
16.43.020 Agricultural nuisances.
16.43.010 Definitions.
For the purposes of this chapter the following definitions shall apply:
A. “Agricultural activity” means a condition or activity which occurs on a farm in connection with recreational and/or commercial use or production of farm and timber products and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; smoke; operation of machinery and pumps; movement including, but not limited to, use of current city roads and ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners and plant protection products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways and similar features, and maintenance of stream banks, and watercourses; and conversion from one agricultural activity to another.
B. “Farm” means the land, buildings, manure lagoons, ponds, freshwater culturing and growing facilities, and machinery used in commercial production of farm products.
C. “Farmland” means land or freshwater ponds devoted primarily to the production, for commercial purposes, of livestock, freshwater aquaculture or other agricultural commodities.
D. “Farm product” means those plants and animals (and the products thereof) useful to human beings which are produced on farms, and include, but are not limited to, forages and sod crops, grain and feed crops, dairy and dairy products, poultry products, livestock, including breeding, grazing and feed lots, fruits, vegetables, flowers, seeds, grasses, nursery products, trees and forest products, including Christmas trees and timber, freshwater fish and fish products, rabbits, apiaries, equine and similar products, or any other product which incorporates the use of food, feed, fiber or fur.
E. “Generally accepted agricultural and best management practices” means sound, economically feasible farming techniques and best management practices as defined and/or recommended by the American Society of Agronomy, United States Department of Agriculture Natural Resource Conservation Service, Washington State Cooperative Extension Service, and other professional or industrial agricultural organizations.
F. “Person” means an individual, facility, partnership, copartnership, firm, company, association, joint-stock company, corporation, government entity or agent. (Ord. 2071 § 9, 2003: Ord. 1589 § 1, 1993)
16.43.020 Agricultural nuisances.
A. Notwithstanding any other provisions in this chapter, agricultural activities conducted on farmland, if consistent with generally accepted agricultural and best management practices and established prior to surrounding activities, are presumed to be reasonable and shall not be found to constitute a nuisance, unless the activity has a substantial adverse effect on the public health and safety.
B. If that agricultural activity is undertaken in conformity with generally accepted agricultural and best management practices and with federal, state and local laws and regulations, it is presumed to be good agricultural practice and not adversely affecting the public health and safety.
C. A farm operation shall not be restricted in its activities to the time of day or days of the week, but shall be conducted according to generally accepted agricultural and best management practices. (Ord. 1589 § 2, 1993)
16.43.030 Signs.
During any spray operations, farmers may post city-approved caution signs on city right-of-way that read “Caution – Spraying in Progress” or other warnings that may be required by other agencies without a permit. (Ord. 1589 § 3, 1993)