Chapter 12.32 — CONTROL OF HAZARDOUS DUST CONDITIONS

It shall be unlawful for any person, firm, partnership, corporation, association, or any agent thereof to disturb the surface or subsurface of land consisting of 2.5 acres or more, excluding approved construction activities, within the area particularly described in Section 12.32.020, by excavating, smooth tillage, removing natural vegetation, or by any other action which raises substantial dust into the atmosphere or which would create, contribute to, or aggravate conditions conducive to the raising of substantial dust into the atmosphere, or by grazing sheep which number 25 or more regardless of the acreage, without first

having obtained a permit issued by the agricultural commissioner of the county of Los Angeles, and having complied with the terms and conditions of said permit.

(Ord. 91-0104U § 1, 1991; Ord. 91-0049U § 2 (part), 1991.)

The provisions of this chapter shall apply to all that territory in the county of Los Angeles included within the exterior boundaries described as follows:

Beginning at the intersection of the township line between T8N and T9N, SBBM; and the California Aqueduct:

1.

Thence east to the northeast corner of Township T8N, R8W, SBBM;

2.

Thence south along the range line between R7W and R8W, SBBM to the intersection of said line and the California Aqueduct;

3.

Thence northwest along the Aqueduct to its intersection with the line between T8N and T9N, SBBM.

(Ord. 91-0049U § 2 (part), 1991.)

The agricultural commissioner shall publish a notice of the ordinance codified in this chapter in newspapers of general circulation in the Antelope Valley so as to give notice of the effect of this chapter.

(Ord. 91-0049U § 2 (part), 1991.)

The agricultural commissioner is hereby authorized to issue permits and to require permits for the lawful conduct of activities prohibited by Section 12.32.010 of this chapter provided that he deter-mines that the activity to be conducted by the applicant will not raise substantial dust into the atmosphere or create, contribute to, or aggravate conditions conducive to the raising of substantial dust into the atmosphere.

(Ord. 91-0049U § 2 (part), 1991.)

Application for the permit required by this chapter shall be made in writing to the agricultural commissioner, in such form and containing such information as he may require and as will, in his judgment, enable him to fix and prescribe such appropriate conditions which will prevent or minimize the raising of substantial dust into the atmosphere. The agricultural commissioner shall make such investigation, including consultation with other agencies, as in his judgment may be necessary, and within thirty days shall issue the permit for

such period as he may determine to be appropriate and necessary, and shall fix appropriate conditions in the permit for the performance of the activity proposed, with due regard for the economic feasibility of such conditions as related to their purpose of controlling dust. Such permit may be modified or revoked by the agricultural commissioner as to any unperformed activity on 30 days' prior notice.

(Ord. 91-0049U § 2 (part), 1991.)

A.

An applicant whose permit has been denied, revoked, or in his judgment unjustifiably conditioned, shall have a right to a hearing before the agricultural commissioner, or his designated hearing officer, including the right to review the agricultural commissioner's evidence and the right to present evidence on his or her own behalf.

B.

An applicant may appeal in writing to the board of supervisors from the final action of the agricultural commissioner in denying, or revoking a permit, or from the conditions of approval imposed by him in issuing a permit. The board shall promptly fix a date for public hearing and cause at least five days' written notice thereof to be given to the applicant and to the agricultural commissioner. The decision of the board of supervisors shall be final.

(Ord. 91-0049U § 2 (part), 1991.)

Any person, firm, company or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon arrest and conviction, shall be punished by a fine of a sum not in excess of $1,000.00 and/or imprisonment in the county jail for not more than six months.

(Ord. 91-0049U § 2 (part), 1991.)

The board of supervisors of the county of Los Angeles further finds and declares that the ordinance codified in this chapter shall take immediate effect upon its passage because of the concern for preservation of public peace, health, safety and well-being of persons and property in the area.

(Ord. 91-0049U § 2 (part), 1991.)

Chapter 12.36 - WILDFLOWERS