Chapter 6.22
PUBLIC NUISANCES – RIGHTS OF FARMERS
Sections:
6.22.020 Conformance with Accepted Practices.
6.22.030 Change of Land Use or Occupancy.
6.22.040 No Restriction on Hours or Days.
6.22.010 Definitions.
(1) “Farm” means the land, buildings, and machinery used in the commercial production of farm products.
(2) “Farm operation” means a condition or activity which occurs on a farm in connection with the commercial or educational production of farm products, and’ includes, but is not limited to, marketed produce at roadside stands or farm markets, noise, odors, dust, fumes, operation of machinery and irrigation pumps, ground and aerial seeding and spraying, the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides and associated drift of such materials; and the employment and use of labor.
(3) “Farm products” means those plants and animals useful to human beings and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, including breeding and grazing, fruits, vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.
(4) “Generally accepted agricultural and management practices” means historic practices and those practices as defined by the State of Washington Department of Agriculture, recommendations of Washington State Cooperative Extension Services in Yakima County and other professional and industry agricultural organizations.
(5) “Person” means an individual, corporation, partnership, association, or other legal entity.
(Res. 422-1990 §1, 1990).
6.22.020 Conformance with Accepted Practices.
A farm operation shall not be found to be a public or private nuisance if the farm or farm operation conforms to generally accepted agricultural and management practices.
(Res. 422-1990 §2, 1990).
6.22.030 Change of Land Use or Occupancy.
A farm or farm operation shall not be found to be a public or private nuisance if 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.
(Res. 422-1990 §3, 1990).
6.22.040 No Restriction on Hours or Days.
Farm operations shall not be restricted to time of day or days of the week, but shall be conducted according to general accepted agricultural and management practices.
(Res. 422-1990 §4, 1990).