County Ord 431 Hog Ranches - location and operationORDINANCE NO. 431
(AS AMENDED THROUGH 431.3)
AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO.
431 REGULATING AND CONTROLLING THE LOCATION AND OPERATION OF
HOG RANCHES
The Board of Supervisors of the County of Riverside, State of California, Ordains as
follows:
Section 1. For the purposes of this ordinance, the following words and phrases are
defined and shall be construed as having the following meanings:
A Garbage. The word garbage shall mean all animal or vegetable refuse or residue
from kitchens, canneries, bakeries, restaurants, lunch stands, distilleries, wineries,
meat, fish, fruit or vegetable markets and other similar food handling places, and all
household waste or residue that shall result from the preparation or care for, or
treatment of, food stuffs intended to be used as food, or shall have resulted from the
preparation or handling of food for human consumption, or any decayed or unsound
meat, fish, fruit or vegetables.
B. Commercial Garbage. The phrase commercial garbage shall mean any and all
garbage other than garbage produced incidentally upon the premises covered by
permit.
C. Commercial Hog Ranch. The term "commercial hog ranch" for he purposes of this
ordinance shall mean any premises where not less than two hogs and not more than
3,000 hogs are maintained, raised, fed or fattened on commercial garbage.
Section 2. When computing the number of hogs for the purposes of this ordinance,
or any permit issued hereunder, all hogs shall be counted except unweaned pigs.
Section 3. It shall constitute a public nuisance and be unlawful for any person, firm
or corporation to engage in, conduct, manage or carry on a commercial hog ranch, or use
any property in the County of Riverside for the maintaining, feeding, fattening or raising of
more than one (1) hog fed on commercial garbage, unless such an activity is operated in
strict compliance with the terms of this ordinance and the conditions of a permit procured
from the Board of Supervisors of the County of Riverside, as herein provided.
The County Health Officer is hereby charged with the responsibility of enforcing this
section and of making such inspections and taking such actions as are necessary to insure
compliance with the terms of this ordinance and all conditions of commercial hog ranch
permits issued by the County of Riverside. Any infraction of said ordinance or permits shall
be reported in writing to the Board of Supervisors who shall revoke the violator's permit or
take such other action as it deems necessary. This penalty is in addition to those provided
in Section 12 hereof.
Section 4. Any person, firm or corporation desiring or proposing to engage in the
commercial hog ranch business shall make written application to the Planning Commission
of Riverside County for a permit to do so. Such application shall be accompanied by the
application fee required in Section 9 hereof; provided, however, that no permit shall be
granted for a commercial hog ranch having more than 3,000 hogs, Each application shall
be accompanied by an affidavit of the owner or his authorized agent, stating the following:
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a. The name and address of the owner of the property;
b. The acreage of the property;
C. The legal description of the property;
d. The name and address of the proposed operator or operators of the commercial hog
ranch, and, if a corporation, the names and addresses of the directors and officers
thereof;
e. An affidavit of the proposed operator of the commercial hog ranch which affidavit
shall set forth:
1 The maximum number of hogs which the applicant proposes to maintain, raise,
feed or fatten on said ranch;
2. The type of feed to be used; if commercial garbage or garbage and whether or
not the same will be cooked in accordance with rules and regulations of the
Department of Agriculture, State of California;
3 The source or sources and estimated quantity of garbage and offal to be fed
daily;
4. A plot plan showing the premises described in the application, said plan to
designate clearly the specific portions of the premises which will be used for the
operation of the commercial hog ranch, the proposed location of all buildings,
structures, pens, food containers, feeding devices, fences and drainage
installations;
5. A statement of the method of waste disposal that will be employed and
information concerning the character of the soil;
6. A statement that the premises described in the application which are to be used
for the operation of the commercial hog ranch, are not within two miles of any
public school, public park, the boundaries of any municipality in Riverside
County, or any then existing residential subdivision under private deed
restrictions; or within one mile of any occupied dwelling house not on said
premises; or within 2,000 feet of any county or state highway; or within two
miles of any duly permitted or existing commercial hog ranch, provided,
however, that facts inconsistent with the foregoing may be set out if
accompanied with affiant's statement of the circumstances which he believes
justifies the issuance of the permit notwithstanding the inconsistency;
7. A statement to the effect that the premises on which the commercial hog ranch
is to be operated are so zoned under the Zoning Ordinance of Riverside
County, Ordinance No. 348, as then amended, as to permit the type of desired
operation.
Section 5. Upon receipt of an application for the maintenance and operation of a
commercial hog ranch and the two affidavits required by this ordinance, the Planning
Commission shall cause the statements as presented to be forthwith investigated and if the
statements are verified as presented, the Planning Commission shall set a date for public
hearing thereon, which date shall be not less than 15 nor more than 45 days from the
receipt of the application. Not less than 10 days prior to the date of said hearing, the
Planning Commission shall cause notice of said hearing to be given in the community or
district in which the commercial hog ranch is proposed by causing to be published, once, in
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a newspaper of general circulation in the county, a notice setting forth the fact that a
commercial hog ranch is proposed to be located on property which is to be generally
described in the notice, together with a statement of the time and place of the Public
Hearing and a statement that the legal description of the proposed premises is on file in the
Planning Commission Office, Court House, Riverside, California. Further notice of the
public hearing shall be given by posting not less than ten days prior to the date of public
hearing, at least two signs headed by the words "Proposed Commercial Hog Ranch" in
letters not less than two inches in height, along or upon and visible from the state or county
highway nearest the premises to which the application refers, specifying the general
location of the proposed commercial hog ranch and the time and place of the public hearing
upon the application. Also, cause a post card notice to be mailed to the owners of all
property within a distance of 500 feet from the exterior boundaries of the premises involved
in the application, and to the owners of such other property as in the judgment of the
Commission might be affected by the establishment of the use requested. The Owners
shall be determined by reference to the latest assessment roll of the County for the purpose
of sending notices.
Section 6. Within not more than seven days after the filing of the application, notice
of the filing thereof shall be given to the Riverside County Health Officer and Riverside
County Livestock Inspector each of whom shall make such investigations as he feels
necessary and each shall report to the Planning Commission in writing on or before the
date of the public hearing, whether in his opinion the commercial hog ranch will or will not
be detrimental to the public health, safety and general welfare and may set forth in such
report such additional information as he feels will be of value in determining the question of
granting or denying the permit and the placing of conditions thereon.
Section 7. Within 40 days after the conclusion of the public hearing, the Planning
Commission shall file with the Board of Supervisors of Riverside County, all exhibits,
summaries of testimony, copy of applications and such other materials as may have been
filed with it during the public hearing or filed as required by law and if the Planning
Commission determines that the maintenance of a commercial hog ranch as proposed in
the application would not be a detriment to the public health, safety and general welfare,
the Planning Commission in such case shall recommend to the Board of Supervisors that a
permit to conduct a commercial hog ranch be issued. Such permit must state the
maximum number of hogs, not to exceed 3,000, to be permitted upon such ranch at any
one time and shall be subject to such further conditions as the commission may determine
are necessary and proper under the circumstances. If said commission determines that the
maintenance of a commercial hog ranch would be detrimental to the public health, safety
and general welfare it shall recommend to the Board of Supervisors that the application be
denied.
Section 8. Within 40 days after receiving the recommendation and materials from
the Planning Commission as required in Section 7 hereof, the Board of Supervisors of the
County of Riverside shall determine whether the proposed use requested in the application
for permit together with such conditions as may have been recommended by the
Commission, will or will not endanger the public health, safety or general welfare, and shall
grant such permit as applied for subject to such conditions and restrictions as it shall find to
be necessary or shall deny the permit accordingly.
The Board of Supervisors at its option either upon its own motion or upon the
request of the applicant, may hear and consider evidence in addition to the report and
supporting material from the Planning Commission before granting, denying, revoking,
modifying or refusing to revoke any permit, but shall not consider any additional statement,
argument or evidence of any kind or nature whatsoever except at a public hearing, notice of
the time and place of which shall be given in the same manner as was employed by the
Planning Commission in calling the original public hearing on the application.
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Section 9. FEES.
a. New Permit Application Fee. The fees as set forth in Ordinance No. 671 shall be
paid upon the filing of an application for a new commercial hog ranch permit.
b. Inspection Fee- The annual inspection fee shall be as set forth in Ordinance No.
671 per 100 hogs or fraction thereof allowed under terms of permit regardless of
whether a lesser number of hogs are actually on the premises, provided however,
that if the number of hogs allowable has been reduced pursuant to Section 10(a) of
this ordinance, such reduced number shall control the amount of the inspection fee.
This fee shall be payable in advance on or before July 1st of each year, except in
cases of new permits issued after July 1 st of any fiscal year, in which cases the
inspection fee shall be prorated for the remaining portion of the year and payable
before the new permit shall become effective. Increases in allowable numbers of
hogs by amendment procedures are subject to payment of inspection fees without
prorating, the same as though such numbers existed as of July 1st next preceding
the granting of the amendment.
A late fee as set forth in Ordinance No. 671 shall be added to any inspection
fee not paid prior to July 15th of the fiscal year for which the fee is charged. Any
commercial hog ranch permit for which an inspection fee is not paid prior to
September 1st of the fiscal year for which the inspection fee is charged, shall be
automatically revoked.
C. All fees shall be paid to the Riverside County Planning Department.
Section 10. AMENDMENT OF PERMITS.
a. At Option of Permittee. The permittee has the option of changing the number of
hogs to be permitted upon his commercial hog ranch at any time providing such
number is not in excess of the maximum number of hogs allowable as set in his
permit as issued by the Board of Supervisors or as amended by it. A change under
this subsection shall be effected, without hearing, by the filing of a written application
and the deposit of the requisite fee as set forth in Ordinance No. 671 with the
Riverside County Planning Department. No such change may have a retroactive
effect.
b. Upon action of the Board of Supervisors. An increase in maximum number of hogs
allowable can be effected only upon the payment of the requisite fee and
compliance with procedures set out herein for a new permit, except that the
application may incorporate by reference any and all materials filed by the permittee
as a part of his original application, or any of his subsequent applications, providing
the materials to be incorporated appear in the files of the Planning Department or
Board of Supervisors.
Section 10.1 REVOCATION OF PERMIT FOR NON-USE. Notwithstanding the
payment for any prior year of the annual inspection fee set forth in Section 9 hereof, any
permit granted pursuant to this ordinance shall be automatically revoked if the premises
subject to the permit or any amendment thereto are not used for the operation of a
commercial hog ranch for any three consecutive fiscal years.
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Section 11. Any and all commercial hog ranches existing and operating within the
County of Riverside under and pursuant to the provisions of Ordinance 347, as amended,
shall be subject to the terms of this ordinance, and permits under which they are operating
shall be interpreted and deemed issued under the terms hereof except that they shall be
exempt from paying the inspection fee required in Section 9, until the 1 st day of July, 1957.
Any and all fees, license fees and charges due and unpaid on any unrevoked
commercial hog ranch permit granted in the County of Riverside as of the effective date of
this section, whether such fee, license fee or charge comes under the provisions of this
ordinance or Ordinance No. 347 of the County of Riverside, shall be paid not later than July
15, 1957, or such commercial hog ranch permit shall be automatically revoked.
Section 12.
A. Any person violating any of the provisions or failing to comply with any of the
mandatory requirements of the ordinances of the county shall be guilty of an
infraction unless the violation is made a misdemeanor by ordinance.
B. Except in cases where a different punishment is prescribed by any ordinance of the
county, any person convicted of a misdemeanor for violation of an ordinance of the
county is punishable by a fine of not more than one thousand dollars ($1,000) or by
imprisonment not to exceed six months, or both such fine and imprisonment.
C. Any person convicted of an infraction for violation of an ordinance of the county is
punishable by a penalty of not more than two hundred fifty dollars ($250.00).
D. Each such person shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of the ordinances of the
county is committed. Continued or permitted by any such person, and such person
shall be punishable accordingly.
Section 13. Ordinance No. 347 of the County of Riverside and all ordinances of the
County of Riverside in conflict herewith are hereby repealed.
Section 14. If any section, subsection, clause or phrase of this ordinance is for any
reason held to be unconstitutional or invalid, such decision shall not affect the validity or
constitutionality of the remaining portions of this Ordinance. The Board of Supervisors
hereby declares that it would have passed this ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that one or more of the sections,
subsections, sentences, clauses or phrases thereof be declared unconstitutional or invalid.
Adopted: 431 06/18/1956 (Eff: 06/27/1957)
Amended: 431.a 05/27/1957 (Eff: 06/26/1957)
431.b 02/20/1967 (Eff: 03/22/1967)
431.c 07/05/1978 (Eff: 08/04/1978)
431.d 08/26/1980 (Eff: 09/25/1980)
431.e 06/02/1981 (Eff: 07/02/1981)
431.1 Item 9.3 of 05/05/1987 (Eff: 07/04/1987)
431.2 Item 3.1 of 05/03/1988 (Eff: 07/01/1988)
431.3 Item 3.11 of 03/28/1989 (Eff: 04/27/1989)
Amended by Ord. 802 Item 3.10 of 03/14/2000 (Eff.: 04/13/2000)
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