Chapter 16.12
RIGHT-TO-FARM
Sections:
16.12.040 Limitation on nuisance claims.
16.12.010 Short title.
This chapter shall be known and may be cited as the “right-to-farm ordinance” of the city of Tumwater.
(Ord. 1276, Added, 08/20/1991)
16.12.020 Intent.
It is the declared policy of the city of Tumwater to conserve and protect the development and improvement of its prime and unique farmland soils being used now or in the future for agricultural purposes within the appropriate zone district(s). When nonagricultural land uses locate near agricultural uses, those agricultural operations can be subject to nuisance suits. As a result, agricultural operations can be forced to cease operations. Future reinvestment into agricultural operations can also be discouraged by the presence of unfriendly or noncompatible neighbors. It is the intent of the city to limit the circumstances under which properly zoned and/or legally established agricultural operations may be deemed a nuisance and claims made against them.
(Ord. 1276, Added, 08/20/1991)
16.12.030 Definition.
For the purpose of this code, “agricultural operation” includes any facility for the production for commercial purposes of crops, livestock, poultry, livestock products or poultry products.
(Ord. 1276, Added, 08/20/1991)
16.12.040 Limitation on nuisance claims.
No properly zoned or legally established nonconforming agricultural operation or any of its appurtenances shall be or become a nuisance, private or public, by any changed conditions in or about the locality thereof; provided, that the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances.
Any and all ordinances of the city now in effect or hereafter adopted that would make the operation of any properly zoned or legally established nonconforming agricultural operation or its appurtenances a nuisance in the circumstances set forth in this code are and shall be null and void; provided, however, that the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or any of its appurtenances. In a determination that a nuisance exists, the abatement procedures in TMC Chapter 8.04 will be followed.
(Ord. 1276, Added, 08/20/1991)
16.12.050 Nuisance criteria.
When a determination is made on whether an agricultural operation is a nuisance and is being run in a negligent or improper manner, as a minimum the following criteria shall be considered:
A. Endangerment of the public’s safety or health;
B. The unlawful interference with, obstruction of, or rendering dangerous for passage of a lake, river, stream, canal or basin, public park, street, alley or highway;
C. The presence of diseased animals running at large;
D. Carcasses of animals not buried or destroyed within twenty-four hours after death;
E. Accumulations of manure or rubbish except as a compost pile so covered or concealed as not to affect the health or safety of the nearby population; and
F. The pollution of any public well or cistern, stream, lake, canal or body of water.
(Ord. 1276, Added, 08/20/1991)
16.12.060 Appeal procedure.
The determination that an agricultural operation is being run in a negligent or improper manner shall be made by the city’s director of community and economic development with that decision appealable to the city hearing examiner and, subsequently, the city council as per TMC Chapter 2.58. Appeal fees are to be established by city council resolution.
(Ord. 1276, Added, 08/20/1991)
16.12.070 Severability.
If any section, paragraph, subsection, clause, or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 1276, Added, 08/20/1991)