HomeMy WebLinkAboutOrd. No. 1982-648ORDINANCE N0. 648
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AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, REGULATING AND CONTROLLING THE LOCATION
AND OPERATION OF HOG. RANCHES AND PROVIDING FOR
THE ISSUANCE OF PERMITS FOR SUCH BUSINESSES
WITHIN THE GATEWAY ANNEXATION AREA, AND PROVID-
ING FOR PENALTIES FOR THE VIOLATION THEREOF.
The City Council of the-City of Lake Elsinore, Cali-
fornia, does ordain as follows:
SECTION ONE:
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, can-
neries, bakeries, restaurants, lunch stands, dis-
tilleries, 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 Yesulted 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 the 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 TWO:
When computing the number of hogs for the purposes of
this ordinance, or any permit issued hereunder, all hogs shall
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be counted except unweaned pigs.
SECTION THREE:
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
City .of Lake Elsinore 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 City Council of the City of Lake Elsinore, 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 City of Lake
Elsinore. Any infraction of said ordinance or permits shall be
reported in writing to the City Council 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 13
hereof.
SECTION FOUR:
Any person, firm or corporation desiring or proposing
to engage in the commercial hog ranch business within the Gateway
Annexation Area shall make written application to the Planning
Commission of .Lake Elsinore for a permit to do so. Such applica-
tion sha31 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:
a. The name and address of the owner of the property.
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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 com-nercial hog
ranch, the proposed location of all buildings,
structures, pens, food containers, feeding
devices, fences and drainage installations;
5. A statement of the medhod of waste disposal
that will be employed and information concern-
ing the character of the soil;
6. A statement that the premises described in the
application which are to be used for the oper-
ation of the commercial hog ranch, are not
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within two (2) miles of any public school,
public park, the boundaries of any munici-
pality in Riverside County, or any then exist-
ing residential subdivision under private deed
restrictions; or within one (1) mile of any
occupied dwelling house not on said premises;
or within 2,000 feet of any county or state
highway; or within two (2) miles of any duly
permitted or existing commercial hog ranch,
provided, however, that facts inconsistent
with the foregoing may be set out if accom-
panied with affiant's statement of the circum-
stances which he believes justifies the issu-
ance of the permit notwithstanding the incon-
sistency.
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 Ordi-
nance of the City of Lake Elsinore as to permit
the type of desired operation.
SECTION FIVE:
Upon receipt of an applicatiol~ for the maintenance and
operation of a commercial hog ranch and .the two (2) affidavits
required by this ordinance, the Planning Commission shall cause
the statements as presehted to be forthwith investigated and,
if the statements are verified as presented, the Planning Commis-
sion 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,
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1 once, in a newspaper of general circulation in the City, a notice
2 setting forth the fact that a commercial hog ranch is proposed
3 to be located on property which is to be generally described in
4 the notice, together with a statement of the time and place of
5 the Public Hearing and a statement that the legal description of
6 the proposed premises is on file in the Planning Commission Office
7 130 South Main Street, Lake Elsinore, California 92330. Further
8 notice of the public hearing shall be given by posting not less
9 than ten days prior to the date of public hearing, at least two
10 (2) signs headed by the words "Proposed Commercial Hog Ranch" in
11 letters not less than two (2) inches in height, along or upon
12 and visible from the state or county highway or City street
13 nearest the premises to which the application refers, specifying
14 the general location of the proposed commercial hog ranch and the
15 time and place of the public hearing upon the application. Also,
16 cause a post card notice to be mailed to the owners of all pro-
17 perty within a distance of 500 feet from the exterior boundaries
18 of the premises involved in the application, and to the owners
19 of such other property as in the judgment of the Commission might
20 be affected by the establishment of_ the use requested. The Owner
21 shall be determined by reference to the latest assessment roll of
22 the County for the purpose of sending notices.
23 SECTION SIX:
24 Within not more than seven (7) days after the filing
25 of the application, notice of the filing thereof shall be given
26 to the Riverside County Health Officer and Riverside County Live-
27 stock Inspector each of whom shall make such investigations as he
28 feels necessary and each shall report to the Planning Commission
29 in writing on or before the date of the public hearing, whether,
~~ in his opinion, the commercial hog ranch will or will not be
31 detrimental to the public health, safety and general welfare and
32 may set forth in such report such additional information as he
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feels will be of value in determining the question of granting
or denying the permit and the placing of conditions thereon.
SECTION SEVEN:
Within 40 days after the conclusion of the public
hearing, the Planning Commission shall file with the City Council
of the City of Lake Elsinore, all .exhibits, summaries of testi-
mony, 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 main-
tenance 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 City Council 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 mainte-
nance of a commercial hog ranch would be detrimental to the
public health, safety and general welfare it shall recommend to
the City Council that the application be denied.
SECTION EIGHT:
Within 40 days after receiving the recommendation and
materials from the Planning Commission as required in Section 7
hereof, the City Council of the City of Lake Elsinore shall
determine whether the proposed use requested in the application
for permit together with such conditions as may have been recom-
mended 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 City Council, at its option, either upon its own
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motion or upon the request of the applicant, may hear and con-
sider 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 con-
sider 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 manner as was
employed by the Planning Commission in calling the original
public hearing on the application.
SECTION NINE:
Fees.
a. New permit Application Fee--$775.00, which shall
be paid upon the filing of an application for a
new commercial hog ranch permit.
b. Inspection Fee--$10.00 annually per 100 hogs or
fraction thereof allowed under the 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) hereof, such
reduced number shall control the amount of the
inspection fee. Minimum annual fee regardless of
number of hogs allowable, $100.00. This fee shall
be payable in advance on or before July 1st of each
year, except in cases of new permits issued after
July 1st 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 allow-
able numbers of hogs by amendment procedures are
subject to payment of inspection fees without pro-
ration, the same as though such number existed as of
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1 July 1st next preceding the granting of the amend-
2 ment.
3 A late fee equal to 25 percent of the inspection
4 fee due shall be added to any inspection fee not
5 paid prior to July 15th o£ the fiscal year for
6 which the fee is charged. Any commercial hog ranch
7 permit for which an inspection fee is not paid
8 prior to September 1st of the fiscal year for which
9 the inspection. fee is charged, shall be automati-
10 cally revoked.
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12 c. Fee upon amendment of permit:
13 1. Change in number of hogs at permittee's option
14 under Section 10 (a)--$15.00.
15 2. Increase in maximum allowable number of hogs
16 under Section 10 (b)--$100.00.
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18 d. All fees provided for under this ordinance shall
19 be paid to the City Clerk of the City of Lake
20 Elsinore.
21 SECTION TEN:
22 Amendment of Permits.
23 a. At Option. of Permittee. The permittee has the
24 option of changing the number of hogs to be per-
25 mitted upon his commercial hog ranch at any time
26 providing such number is not in excess of the
27 maximum number of hogs allowable as set in his
28 permit as issued by the City Council or as amended
29 by it. A change under this subsection shall be
30 effected, without hearing, by the filing of a
31 written application and the deposit of the requisite
32 fee with the City Clerk of said City. No such
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change may have a retroactive effect.
b. Upon action of the City Council, 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 incor-
porate by reference any and all material 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 Commission or the City Council
SECTION ELEVEN:
Revocation of Permit for Non-Use.
a. Notwithstanding the payment for any prior year
of the annual inspection fee set forth in Section 9
hereof, any permit granted pursuant to this ordi-
nance shall be automatically revoked if the pre-
mises subject to the permit or any amendment there-
to are not used for tha operation of a commercial
hog ranch for any three consecutive fiscal years.
SECTION TWELVE:
Any and all commercial hog ranches existing and opera-
ting within the City of Lake Elsinore shall be subject to the
terms of this ordinance, and permits under which they are opera-
ting shall be interpreted and deemed issued under the terms
hereof.
SECTION THIRTEEN:
Any person, firm or corporation violating any provision:
of this ordinance shall be guilty of a misdemeanor, and upon
conviction thereof shall be punishable by fine of not more than
Five Hundred Dollars ($500.00), or by imprisonment in the County
Jail for a term not exceeding six (6) months, or by both such
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fine and imprisonment. Such person, £irm or corporation shall
be deemed. guilty of a separate offense for each and every day
during any portion of which any violation of this ordinance is
committed, constituted or permitted by such person, firm or
corporation and shall be punishable as herein provided.
SECTION FOURTEEN:
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 consti-
tutionality of the. remaining portions of this ordinance. The
City Council 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.
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SECTION FIFTEEN:
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING THIS 10th
day of AUGUST 1982, upon the following roll call
vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSblORTH
NOES : ~JONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
28th day of September 1982, upon the following roll
call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSU!ORTH
NOES : NONE
ABSENT: NONE
ABSTENTIONS: NONE
~, G~wyc.v-v
~ohn G. Unsworth, Mayor
26 ATTEST:
27
De orah Harring on, Cit Clerk
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301 (SEAL)
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