§ 130.43

The cultivation of industrial hemp consistent with this Chapter cultivated on agricultural land is an agricultural operation within the meaning of Section 130.40.290 (Right to Farm), and as such any nuisance claim based on the cultivation of industrial hemp consistent with this Chapter on agricultural land will be subject to the protections and procedures set out in Section 130.40.290 (Right to Farm), including a claim related to alleged odors.

(Ord. No. 5168, § 4, 11-1-2022)

Sec. 130.43.104 - Best Management Practices.

The Agricultural Commissioner shall, no later than 30 days of the effective date of the ordinance from which this chapter is derived, and at any other time the Agricultural Commissioner determines, develop best management practices regarding the cultivation of industrial hemp consistent to implement or make specific the standards in this Chapter, including practices to reduce odor and pollen spread. The Agricultural Commissioner shall propose these best management practices to the Board of Supervisors by resolution. The Board of Supervisors may adopt the resolution.

(Ord. No. 5168, § 4, 11-1-2022)

Sec. 130.43.105 - Cultivation Requirements.

A licensee shall, at all times, comply with all of the following requirements relating to the cultivation of industrial hemp:

A.

The licensee shall ensure that they are, at all times, operating in a manner compliant with all applicable Federal, State, and local laws. This includes the Agriculture Improvement Act of 2018 (132 Stat. 4490; PL 115-334), including its implementing regulations, and Division 24 (commencing with Section 81000) of the Food and Agricultural Code, including its implementing regulations.

B.

Odors. The licensee shall locate the cultivation area on their parcel or parcels used for cultivation in a manner that minimizes odors to surrounding areas. The Agricultural Commissioner shall include in the best management practices adopted under Section 130.43.104 (Best Management Practices) recommendations to reduce odor spread to surrounding parcels. Any odor associated with cultivation or processing activities shall not be equal to or greater than a seven-dilution threshold ("DT") when measured by the County with a field olfactometer at the property line on which the hemp is cultivated or processed for a minimum of two olfactometer observations not less than 15 minutes apart within a one-hour period ("seven DT one hour"). If the Agricultural Commissioner receives a complaint related to odor, and that complaint is verified based on the seven DT onehour threshold described in the previous sentence, the Agricultural Commissioner shall provide the licensee with a written warning and suggestions to reduce odor. If, upon retesting, the odor has not been reduced to below the seven DT one-hour threshold, then the Agricultural Commissioner shall refer the licensee to Code Enforcement. Any violation of this Subsection is subject to enforcement, abatement, and revocation of a license under Section 103.43.[107] (Enforcement). Abatement may include, but is not limited to, increasing the required setback, growing fewer plants, or growing only low odor industrial hemp strains. Installation of certain odor control options may require a permit. Any such notice requiring the use of one or more odor control options will provide a deadline for completion and the dilution threshold will be retested upon expiration of that deadline.

C.

The licensee engaging in the outdoor cultivation of industrial hemp may only plant female propagative plant material. A licensee shall promptly destroy any male propagative plant material that the licensee discovers.

D.

Structures. Any structure(s) containing facilities used for the processing of industrial hemp must have all permits required under State law, Building Codes, and the El Dorado County Code.

E.

BMP Resolution. A licensee shall comply with the most recently adopted resolution governing best management practices adopted by the Board of Supervisors consistent with Section 130.43.[104] (Best Management Practices).

F.

Permitted Uses. Cultivation of industrial hemp is permitted only in Planned Agricultural (PA), Limited Agricultural (LA), Agricultural Grazing (AG), Residential Estate (RE), and Rural Lands (RL).

G.

Signage. All parcels used for the cultivation of industrial hemp shall display County approved signage indicating that hemp is being cultivated on site. It is the responsibility of the licensee to pay for the costs of printing and posting all signage. All signage shall utilize a County approved template. The signs shall comply with all the following:

1.

Be of a size so that the wording on the sign is clearly visible and readable to a person with normal vision from a distance of 25 feet.

2.

Clearly identify that the crop is industrial hemp and not cannabis.

3.

That entering upon that land without consent of the owner or legal occupant is prohibited, consistent with Penal Code Section 602(h).

4.

Use letters and symbols that are of a color that sharply contrasts with their immediate background.

5.

Based at the corners of each parcel used for the cultivation of industrial hemp and at all usual entry points to the parcel, including each road, footpath, walkway, or aisle that enters the cultivation area. When a parcel is adjacent to a public right-ofway, such a road, trail, or path, signs shall be posted at intervals not exceeding 200 feet along the parcel's border with the right-of-way.

H.

Setbacks. A licensee engaging in the outdoor cultivation of industrial hemp shall comply with the following setback requirements:

1.

Boundary Line Setback. If the parcel is located on Planned Agricultural (PA), Limited Agricultural (LA), and Agricultural Grazing (AG), there shall be no setback imposed by this Subsection. If the parcel is located on Residential Estate (RE) or Rural Lands (RL), the setback requirement is no less than 200 feet from the boundary line of the parcel. This setback shall be measured in a straight line from the nearest point of the outdoor industrial hemp cultivation to the boundary line of the parcel. This setback will not apply if the property line is adjacent to the property line of a parcel that is either owned, managed, or otherwise under the control of the licensee.

2.

Residential Use Setback. No less than 200 feet from any parcel zoned as Multi-unit Residential (RM), Single-unit Residential (R), One-acre Residential (RIA), Two-acre Residential (R2A), Three-acre Residential (R3A), or Residential Estate (RE) at the time the licensee obtains their license. This setback shall be measured from the nearest point of the outdoor industrial hemp cultivation to the boundary line of the parcel.

3.

Residential Structure Setback. If the parcel is located on Planned Agricultural (PA), Limited Agricultural (LA), and Agricultural Grazing (AG), there shall be no setback imposed by this Subsection. If the parcel is located on Residential Estate (RE) or Rural Lands (RL), the setback requirement is no less than 600 feet from a permitted residential structure that is located on a parcel zoned as Multi-unit Residential (RM), Single-unit Residential (R), One-acre Residential (RIA), Two-acre Residential (R2A),

Three-acre Residential (R3A), or Residential Estate (RE) at the time the licensee applies for their license or renewal of a license. This setback shall be measured from the nearest point of the outdoor industrial hemp cultivation to the nearest outer wall of the structure.

4.

Sensitive Use Setback. No less than 200 feet from a parcel containing a sensitive use that was in existence at the time the licensee obtains their license. This setback shall be measured in a straight line from the nearest point of the outdoor industrial hemp cultivation to the boundary line of the parcel containing the use. A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this Chapter.

ive use that was in existence at the time the licensee obtains their license. This setback shall be measured in a straight line from the nearest point of the outdoor industrial hemp cultivation to the boundary line of the parcel containing the use. A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this Chapter.

5.

Agricultural Crop Setback. No less than 200 feet from a commercial agricultural crop located on parcel not owned by the licensee that was in existence at the time the licensee obtains their license. This setback shall be measured in a straight line from the nearest point of the outdoor industrial hemp cultivation to the boundary line of the parcel containing the use.

6.

Setback Waiver. The setbacks imposed by this Subsection 130.43.105.H will not apply with respect to a particular parcel if the licensee obtains written consent from all owners of record of any adjacent parcels that are impacted by the setback to waive the setback requirement. The Agricultural Commissioner shall prescribe the form to be used for this written agreement, and any written agreement must be approved by the Agricultural Commissioner. A written agreement will expire at the same date that the licensee's license expires, and if the licensee renews their license the licensee must obtain a new written agreement. The written agreement is only binding on those parties involved and does not bind any subsequent owner of the parcel.

(Ord. No. 5168, § 4, 11-1-2022)

Sec. 130.43.106 - Inspections.

A.

The Agricultural Commissioner shall conduct regular inspections of each licensee to ensure that that the licensee is in compliance with all the requirements of this Chapter and all State and Federal law, including 3 CCR 4930. The Agricultural Commissioner shall conduct inspections at random intervals and shall ensure that each licensee is inspected at least once annually. The Agricultural Commissioner shall provide reasonable advance notice of the inspection, and that notice shall be no later than same day notice.

B.

The licensee shall provide County staff with complete and unrestricted access during business hours, consistent with 3 CCR 4930.

C.

If the Agricultural Commissioner during that inspection discovers or reasonably suspects that a violation of this Chapter or any other provision of County Code has occurred during that inspection, that violation may be referred to Code Enforcement. If the Agricultural Commissioner discovers or reasonably suspects that there is any criminal violation of any provision of this Code or State or Federal law, such as that a crop was tested as having a total THC concentration of more than one percent on a dry weight basis, the Agricultural Commissioner shall promptly notify the Sheriff's Office.

(Ord. No. 5168, § 4, 11-1-2022)

Sec. 130.43.107 - Enforcement.

A.

Enforcement of State Law. The Commissioner may enforce negligent violations Division 24 (commencing with Section 81000) of the Food and Agricultural Code, including its implementing regulations, consistent with 3 CCR 4951 and 4952.

B.

Code Enforcement. In addition to criminal enforcement and potential revocation of a license issued under this Chapter, a violation of any provision of this Chapter shall be deemed a public nuisance and subject to enforcement as provided in this Section and the provisions of Chapter 9.02 (Code Enforcement), except for the following changes:

1.

A notice to correct or notice to abate issued under Chapter 9.02 shall provide 72 hours for the responsible person to correct or abate the violation and shall identify the administrative fines of this Section if the violation is not corrected or abated within 72 hours.

2.

Notwithstanding Section 9.02.370, a request for an administrative hearing under Chapter 9.02 must be made within three days of service of the notice to correct, administrative citation, or notice to abate.

3.

Notwithstanding Section 9.02.390, the hearing shall be held within five days of the request for a hearing.

4.

The decision of the Hearing Officer under Section 9.02.440 shall be issued within five days of completion of the hearing.

5.

If an abatement order requires the destruction of any crops, those crops shall be destroyed consistent with Subsection 130.43.108.B (Destruction Under this Chapter).

6.

Unless a notice is personally served, any notice provided under this Section shall be mailed under Section 9.02.120 and posted conspicuously on or in front of the business or cultivation site, or other place reasonably anticipated to provide notice to the responsible person.

C.

Cannabis Enforcement. A licensee who is found to have engaged in commercial cannabis activities in violation of Chapter 130.41 (Commercial Cannabis) is subject to enforcement under Subsection 130.41.100.10 (Criminal Enforcement) or Subsection 130.41.100.11 (Administrative Enforcement and Abatement).

D.

Hemp Cultivated Outside of Site Plan. Each industrial hemp plant cultivated outside of the square footage provided in the approved site plan shall be deemed a separate violation. The determination of the plants outside of the permitted square footage shall be made with reference to the site plan submitted with an application.

E.

Suspension for Repeat Violations. If a person has received three or more sustained violations of this Chapter within a 12month period, that person shall be ineligible to submit an application or to be a key participant in any application under Subsection 130.43.101.B (Application Requirements) or to appear on a waiting list under Subsection 130.43.102.B (Waiting List) for a 12-month period after the date of the last violation. If a licensee has received two or more sustained violations of this Chapter during the term of their license, their license shall be revoked. Any subsequent sustained violation of this Subsection will extend that 12-month period for an additional six months. The County may enforce any violation of this paragraph as a

public nuisance and may take all reasonable actions consistent with law to abate that public nuisance, including injunctive relief.

F.

The remedies provided herein are cumulative to all other administrative, civil, and criminal remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or criminal activity.

G.

All County officers with authority to enforce this Code shall also have the authority to enforce this Section.

(Ord. No. 5168, § 4, 11-1-2022)

Sec. 130.43.108 - Destruction.

A.

Destruction Under State Law. Any industrial hemp crop that does not meet the requirements of Division 24 of the Food and Agricultural Code shall be destroyed consistent with 3 CCR 4950 et seq., including the submittal of a destruction plan and destruction report to the Commissioner. If the Commissioner, after review, determines that the industrial hemp plants were not destroyed, the Commissioner shall cause the crops to be destroyed consistent with State law and charge the licensee the full costs of the abatement.

B.

Destruction Under this Chapter. Any industrial hemp crop that does not meet the requirements of this Chapter shall, after an abatement order is issued, be destroyed consistent with the procedures set out in 3 CCR 4950 et seq., including the submittal of a destruction plan and destruction report to the Commissioner. If the Commissioner, after review, determines that the industrial hemp plants were not destroyed, the Commissioner shall cause the crops to be destroyed consistent with State law and charge the licensee the full costs of the abatement.

(Ord. No. 5168, § 4, 11-1-2022)

Nothing in this Chapter shall be construed as imposing on the Agricultural Commissioner, the Sheriff, the District Attorney, or any officer or employee of the County to enforce any provision of this Chapter or to take any action regarding alleged violations of this Chapter. Furthermore, the Agricultural Commissioner, Sheriff, District Attorney, County, and any of their officers or employees shall not be held liable for failure to abate any violation of this Chapter, to prosecute a violation of this Chapter, or to take any other action regarding any violation of this Chapter.

(Ord. No. 5168, § 4, 11-1-2022)

Sec. 130.43.110 - No Licenses Issued on or After January 1, 2025.

A.

Notwithstanding any other provision of this Chapter, the Agricultural Commissioner shall not issue any license for the cultivation of industrial hemp on or after January 1, 2025, unless that date is extended by the Board of Supervisors.

B.

Effective January 1, 2025, a person or entity shall not cultivate, process, or manufacture, industrial hemp for any purpose within the unincorporated areas of the County of El Dorado, except that a licensee who was issued a license and registration before January 1, 2025, may finish cultivation activities consistent with the terms of that license and registration. Effective January 1, 2025, the Agricultural Commissioner, and any other County official or employee, shall not issue any County permit, registration, or approval of any type to authorize the cultivation or processing of industrial hemp for any purpose within the

unincorporated areas of the County. The prohibition shall supersede the provisions of the Section 130.30.290 (Right to Farm) and another provision of the County Code to the contrary. A violation of this Subsection is a misdemeanor and is subject to enforcement under Section 130.43.107 (Enforcement).

(Ord. No. 5168, § 4, 11-1-2022)

CHAPTER 130.44. - RANCH MARKETING[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 5177, § 7, adopted June 20, 2023, repealed § 130.40.260, which formerly pertained to ranch marketing, and enacted Ch. 130.44, §§ 130.44.100—130.44.108 as set out herein.

Sec. 130.44.100 - Definitions.

As used in this Chapter:

Accessory use means a use that is customarily associated with the primary agricultural use of the land, consistent with as defined in Article 8 (Glossary) of this Title. This includes, but is not limited to, picnic areas, public tours, hay mazes, pony rides, tractor rides, and fishing ponds.

Agricultural Commissioner means the County Agricultural Commissioner.

Bake Shop means a facility for the preparation and consumption of food items in which agriculture products grown on-site are used as a main ingredient for at least one of the baked goods (i.e. pies, turnovers, and other pastries). Baked goods made from other ingredients may be offered for sale concurrently with goods made from produce grown on-site.

Choose and Cut Tree Sales means a commercial operation that the public is allowed on a site where evergreen trees are grown to personally select a specimen, cut it, and transport it off-site for their use as a Christmas tree.

Christmas Tree Season is the time period beginning November 1 and ending on Christmas Day.

Concerts or Other Outdoor Amplified Music or Voice means any musical outdoor performance, including the playing of recorded music, in which sound amplification devices are used by one or more performers, including, but not limited to, concerts, music festivals, performance by a disc jockey, or any other musical performance.

County-Maintained Road means a road that is listed on the current County Maintained Mileage List by the Department of Transportation. This list does not typically include County Service Area (CSA) or Zones of Benefit (ZOB) roads.

Director means the Director of the Planning and Building Department as described in Section 130.10.030.

Environmental Management means the El Dorado County Environmental Management Department.

Food Stand means a food-serving facility used in conjunction with a ranch marketing operation serving prepared food from products grown on-site or off-site and for which indoor seating is not provided.

Harvest Season means the time period in which the primary crop(s) is harvested on-site and in which certain ranch marketing activities associated with that crop may occur by right consistent with Subsection 130.44.104.B (Ranch Marketing Uses) below, otherwise an administrative permit is required for these activities consistent with Subsection 130.44.104.C (Ranch Marketing Uses for Crop Production: Uses Requiring an Administrative Permit) or Subsection 130.44.106.C (Ranch Marketing Provisions for Agricultural Grazing Lands: Uses Requiring an Administrative Permit), below. The season shall begin with the first day of the month in which the crop is harvested and conclude with the last sale of the primary crop(s) harvested that season.

Indoors means any fully enclosed area covered with a roof.

Marketing Activities means activities sponsored by the operator of the ranch marketing area that are intended for the promotion and sale of the operator's products. These activities include live music, catered food, food prepared on the premises, releases, discounted sales, or other similar activities.

Minimum Cropland Area means the minimum required area planted and maintained in crop production, as defined in Article 8 (Glossary) of this Title, for the production of a commercial crop using standard horticultural practices with regard to irrigation, plant spacing, pruning, and pest and predator control.

Operator of the Ranch Marketing Area means the person who is listed as owner of the parcel used for ranch marketing activities on the last equalized assessment roll. If the operator of the ranch marketing area is not the person listed as the owner of the parcel, then that person must provide to the Agricultural Commissioner written consent from the owner of the parcel that the parcel may be used for ranch marketing activities.

Area means the person who is listed as owner of the parcel used for ranch marketing activities on the last equalized assessment roll. If the operator of the ranch marketing area is not the person listed as the owner of the parcel, then that person must provide to the Agricultural Commissioner written consent from the owner of the parcel that the parcel may be used for ranch marketing activities.

Properly Maintained means that the planted crops are tended in a manner consistent with proper and accepted customs and standards of the Agricultural industry, including, but not limited to, the provision of irrigation, the control of pests and diseases, and the protection against deer depredation.

Ranch Marketing Activities has the same meaning as "Ranch Marketing (Use Type)" as defined in Section 130.80.010.

Ranch Marketing Area means an area used for ranch marketing activities, not including land planted in cropland, and packing and storage facilities, unless those areas are also used for accessory ranch marketing activities as set forth in Section 130.44.102 (General Standards) and Section 130.44.103 (Development Standards) below in this Chapter.

Room Rental Event means an event that involves the operator of the ranch marketing area renting or donating a portion of the ranch marketing area or related facilities for hire that is held indoors.

Special Events has the same meaning as defined in Article 8 (Glossary) of this Title, and includes charitable events, promotional events, and facility rental events. Special events shall comply with the limitations set forth in Subsection 130.44.102.C (Special Events Generally) and Subsection 130.44.104.B.5 (Ranch Marketing Uses for Crop Production: Special Events). Facility rental events involve the ranch marketing area, or portions thereof, being rented or donated for weddings, parties, company picnics, and similar social gatherings.

(Ord. No. 5177, § 7, 6-20-2023)

Sec. 130.44.101 - Applicability and Exceptions.

A.

Applicability. Except as provided in Subsection B (Exceptions) below in this Section, the regulations and standards of this Chapter shall apply to ranch marketing uses if allowed in the use matrices for the zones on lots that meet the following minimum criteria:

1.

Minimum Lot Size. Ten gross acres.

2.

Minimum Cropland Area:

a.

Except as provided in Subsection 2.d below, the acreage shall comply with either of the following:

(1)

Five acres of permanent agricultural cropland.

(2)

Ten acres of annual agricultural cropland in production.

b.

The minimum cropland area shall be properly maintained and cared for to produce a commercial crop. The Agricultural Commissioner may determine whether the cropland area is in compliance with this paragraph. Failure to maintain cropland will void the ranch marketing uses of this Chapter.

c.

The Agricultural Commissioner may, when calculating acreage under Subsection 2.a above, count as one ranch marketing area contiguous property under common ownership. The operator of the ranch marketing area may demonstrate the ranch marketing area is under common ownership by providing proof that the operator is the record title holder of the land or by providing a notarized lease agreement with the record title holder of the land.

d.

Notwithstanding Subsection 2.a above, a smaller acreage amount may qualify for Ranch Marketing if minimum production standards are met. The Agricultural Commissioner and the Director may determine whether to allow a smaller acreage amount consistent with this paragraph.

3.

Agricultural production is the primary use or function of the property. Primary use or function means that the property is used for agricultural production and the sale of the agricultural commodity that is produced on the property. The Agricultural Commissioner may review the proposed Ranch Marketing area to ensure that the site conforms to the standards in Subsection 130.44.102.B (General Standards: Maximum Ranch Marketing Area).

4.

An operator of a ranch marketing area that is proposed on, or adjacent to, land zoned Planned Agriculture (PA), Limited Agriculture (LA), Agricultural Grazing (AG), Forest Resource (FR), or Timber Production (TPZ) must, before engaging in any ranch marketing activities on said parcels, submit that proposal to the Director for consistency with General Plan Policy 2.2.5.2 and for new or existing uses to the Agricultural Commissioner and Ag Commission for compatibility with surrounding agricultural land uses or on agriculturally zoned lands. This paragraph will apply to all operators of ranch marketing areas, including those that were in existence before the effective date of this ordinance amending this Paragraph. The Director or the Agricultural Commissioner and Ag Commission, as applicable, may issue a written decision either approving or denying the proposal for consistency with General Plan Policy 2.2.5.2 or with compatibility with surrounding agricultural land uses or agriculturally zoned lands, as applicable. The operator of the ranch marketing area may appeal any decision issued under this paragraph to a hearing officer within 30 calendar days of the order being issued. The hearing officer shall review any decision issued under this paragraph and issue a decision. The operator of the ranch marketing area has 20 calendar days to file a timely appeal of that decision to the superior court. If any party fails to file a timely appeal to the Ag Commission or the superior court shall be deemed to have waived all objections to the Director or the Agricultural Commissioner and Ag Commission's decision.

B.

Exceptions. This Chapter does not apply to the following uses:

1.

Produce sales, as defined in Article 8 (Glossary: see "Produce Sales") of this Title, for the direct sale of products grown onsite.

2.

Indirect sales by mail, telephone, or internet if delivery of the goods occurs off-site.

Direct sale of value-added agricultural products created from products grown on-site.

(Ord. No. 5177, § 7, 6-20-2023; Ord. No. 5218, § 3, 12-10-2024)

Sec. 130.44.102 - General Standards.

A.

Concurrency. The uses identified in Sections 130.44.104 (Ranch Marketing Uses for Crop Production), 130.44.105 (Ranch Marketing Provisions for Christmas Tree Sales), 130.44.106 (Ranch Marketing Provisions for Agricultural Grazing Lands (Large Animal) below in this Chapter, shall be conducted concurrently with the on-site sale of agricultural products grown on-site or value-added, except as provided below:

1.

Marketing activities, as provided in Subsection 130.44.104.B.3 (Ranch Marketing Uses: Marketing Activities and Accessory Uses) below in this Chapter, may be allowed concurrently with the sale of off-site produce or value-added if both of the following are met:

a.

The off-site produce or value-added are, or are made from, the same type of produce grown on-site.

b.

All other requirements of this Chapter are met.

2.

Special events, subject to all other provisions of this Chapter, including Subsection 130.44.102.C (Special Events Generally).

B.

Maximum Ranch Marketing Area. The total ranch marketing area cannot occupy more than five acres or 50 percent of the lot, whichever is less. The total enclosed square footage of all ranch marketing buildings shall not exceed the square footage shown in Table 130.44.102.1 (Ranch Marketing Use Matrix) below in this Section. Any ranch marketing building, or group of ranch marketing and accessory buildings, that exceeds the square footage in the following table shall require a Conditional Use Permit, in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title. As used in this Subsection, "ranch marketing buildings" or "ranch marketing building" do not include residential buildings, garages, outbuildings, and structures not associated with the ranch marketing operation, and any residential buildings, garages, outbuildings, or structures not associated with the ranch marketing operation that is proposed to be located on the parcel shall require a Conditional Use Permit, in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

Table 130.44.102.1—Ranch Marketing Use Matrix

C.

Special Events Generally. All special events held under this Chapter shall comply with the following requirements:

1.

Special events may be held throughout the year and are not limited to the harvest season.

2.

Number Allowed. Except as provided in Subsection 2.a (Administrative Permit Process) above or Subsection f (Charitable Events) below an operator of a ranch marketing area may hold a total of 12 special events in a calendar year, subject to the following requirements:

a.

Administrative Permit Process. Special events are allowed with the issuance of an Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, and subject to the following requirements:

1.

The operator of the ranch marketing area shall apply to the Agricultural Commissioner on a form prescribed by the County that meets all County requirements, including payment of any applicable fees. On that application, the operator of the ranch marketing area must attach proof that the Agricultural Commissioner has verified that the ranch marketing area meets the Minimum Cropland Area requirements of Section 130.44.101.A.2 within 30 days of the date of the application, or that the operator provides consent for the Agricultural Commissioner to perform that verification.

2.

The operator of the ranch marketing area may, in that application, request to hold an additional two special events per calendar year, up to a maximum of 24 special events per calendar year, for every additional five acres of crops over the minimum required by 130.44.101.A.2 (Minimum Cropland Area) that the Agricultural Commissioner verifies are properly maintained and cared for to produce a commercial crop. The Agricultural Commissioner shall verify the total crops are properly maintained and cared for to produce a commercial crop and report the final number of eligible special events on the approved administrative permit. An operator of a ranch marketing area that qualifies in Subsection C.2.a.3, below, may request to hold additional special events in compliance with this Paragraph.

3.

Notwithstanding the maximum special events described in [Subsection] C.2. (Number Allowed) above, the operator of the ranch marketing area may, in its application, state that it submitted to the Agricultural Commissioner Advance Notice of at least one special event between January 2024 and October 2024 in compliance with Subsection C.6 (Advance Notice). The Agricultural Commissioner shall verify whether County records confirm that the operator provided advance notice consistent with this Paragraph and report the final number of eligible special events on the approved administrative permit. If the operator of the ranch marketing area qualifies under this Paragraph, then the operator is limited to the following number of special events per calendar year:

a.

For the 2025 calendar year: 18 special events.

b.

For the 2026 calendar year, and every year thereafter: 12 events.

4.

The Agricultural Commissioner shall review any application for an Administrative Permit to hold special events as they are received. The application shall be approved if it meets all applicable requirements of this Chapter, and shall be denied if the

Agricultural Commissioner finds that any of the following has occurred:

a.

The application is based on inaccurate or incomplete information.

b.

The applicant has failed to pay any required application fees in full.

c.

The applicant is ineligible under Subsection 130.44.108.D (Suspension for Repeat Violations), below.

5.

Any approved administrative permit is valid for one calendar year. An administrative permit issued under this Chapter does not grant any entitlement or interest in real property, does not create any interest of value, and it does not run with the land.

b.

Except as provided in Subsection C.2. (Number Allowed) above or Subsection f (Charitable Events) below, the total number of special events shall be limited to the number provided in this Section and shall not be cumulative if a lot also qualifies for events under Section 130.40.400 (Wineries) in Chapter 130.40.

c.

Special events that have, or are planned to have, up to 250 persons in attendance shall count against the total number of events allowed.

d.

An operator of a ranch marketing area may only hold one special event per calendar day. If a special event is intended to last more than one calendar day, the operator of the ranch marketing area shall submit separate requests for each day pursuant to Subsection C.6 (Advance Notice) below, and each day will be included in the maximum events allowed under this Section.

e.

If the ranch marketing area exceeds this number in a calendar year, a use permit is required under Subsections 130.44.104.D (Ranch Marketing Uses for Crop Production, Uses Requiring a Use Permit) or Subsection 130.44.106.C (Ranch Marketing Provisions for Agricultural Grazing Lands, Uses Requiring a Use Permit), below.

f.

Charitable Events. The operator of the ranch marketing area may hold a maximum of three special events per calendar year under this Paragraph that are charitable or fundraising events held for the benefit of a nonprofit organization that that qualifies for exempt status under Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code. A special event held under this Paragraph must comply with all requirements of this Chapter applicable to special events, including Subsection C.6 (Advance Notice) of this Section, except that the three special events authorized under this Paragraph are not counted for purposes of determining the maximum number of special events allowed under Subsection C.2 in this Section. The operator of the ranch marketing area must also provide to the Agricultural Commissioner documentation acceptable to the Agricultural Commissioner

demonstrating that the organization that qualifies for exempt status, and that any proceeds of the event, excluding the costs of the operator of the ranch marketing area, will be used solely by that organization. Any charitable or fundraising events held in excess of the three authorized by this Paragraph are counted for purposes of determining the maximum number of special events allowed under Subsection C.2 in this Section.

The operator of the ranch marketing area shall ensure that the special event does not exceed the maximum capacity of 250 persons at one time. Special events in which the number of attendees exceeds, or is planned to exceed, 250 persons at any given time, require a use permit consistent with Subsection 130.44.104.D (Ranch Marketing Uses for Crop Production, Uses Requiring a Use Permit) or Subsection 130.44.106.D (Ranch Marketing Provisions for Agricultural Grazing Lands, Uses Requiring a Use Permit), below.

4.

Special events shall be limited in time duration to 24 hours, and the event site shall be returned to its pre-event condition after each use.

5.

Noise Standards. Outdoor music shall meet County noise standards. Amplified music or amplified speech shall comply with Chapter 130.37 (Noise Standards) in Article 3 (Site Planning and Project Design Standards) of this Title, except that a discretionary permit is not required under Section 130.37.070.B. For any events with amplified sound, occurring between 7:00 p.m. and 10:00 p.m., a noise analysis shall be submitted to the Department demonstrating that the noise standards will not be exceeded. No outdoor music will be allowed after 10:00 p.m.

6.

Advance Notice.

a.

The operator of the ranch marketing area shall notify the Agricultural Commissioner, on a form prescribed by the Agricultural Commissioner, no later than 14 calendar days in advance of each special event held under this Chapter. Notwithstanding the 14-day period in the previous sentence, the operator of the ranch marketing area may, no later than seven days before the special event, submit a request to the Agricultural Commissioner for an exception to submit the advance notice no later than 48 hours of the event, and shall include in that request the reasons why special circumstances exist to grant this exception. The Agricultural Commissioner may grant that request if the Agricultural Commissioner finds, in his or her sole discretion, that special circumstances exist that justify the lesser period of advance notice.

b.

The operator shall list all the following in the notice required by this Subsection:

1.

The name and contact information for a Designated Local Contact for the event and the date.

2.

The approximate duration for when the event will commence and end.

3.

The address of the event.

c.

The Agricultural Commissioner shall make the information submitted by this Paragraph available on the County's website, including the name and contact information of the Designated Local Contact.

d.

The Designated Local Contact must be available via telephone during the duration of the event, as stated in the notice sent to the Agricultural Commissioner, and two hours before and one hour after the event. The Designated Local Contact shall respond to the County within 30 minutes and complete any corrective action that is requested by the County in a timely

manner. The Designated Local Contact shall respond to any complaints from any member of the public within 30 minutes and take corrective action to resolve any reasonable complaint. The Designated Local Contact shall prioritize complaints related to noise, lighting, trash, or parking.

e.

A failure to comply with this Subsection 6 constitutes a violation subject to enforcement under this Chapter.

(Ord. No. 5177, § 7, 6-20-2023; Ord. No. 5218, § 4, 12-10-2024)

Sec. 130.44.103 - Development Standards.

Ranch marketing uses shall not be allowed unless they comply with the development standards of the zone and Article 3 (Site Planning and Project Design Standards) of this Title, except as provided below:

A.

Parking.

1.

Parking spaces shall be provided on-site for all Ranch Marketing uses, in compliance with Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title. No on-street parking is allowed on Countymaintained roads.

2.

Special events may utilize temporary overflow parking areas that are mowed of dried vegetation to a maximum height of two inches.

3.

Areas for bus stop and drop off areas shall be provided for any site that has a minimum of 20 parking spaces. Bus stops and drop off areas may be waived if the parking lot is designed to provide a loop or circular path of travel so that the bus can use the parking drive aisle as a temporary bus stop.

B.

Access.

1.

A ranch marketing area shall be connected directly to a County-maintained road or state highway, except as provided in Subsections 130.44.104.C (Ranch Marketing Uses for Crop Production; Uses Requiring an Administrative Permit), 130.44.104.D (Ranch Marketing Uses for Crop Production, Uses Requiring a Use Permit), 130.44.106.C (Ranch Marketing Provisions for Agricultural Grazing Lands; Uses Requiring an Administrative Permit), or 130.44.106.C (Ranch Marketing Provisions for Agricultural Grazing Lands, Uses Requiring a Use Permit) below in this Chapter.

2.

Fire Safe/Code Standards. The operator of the ranch marketing area that includes a facility shall ensure that access to the facility meets the minimum fire safe standards or same practical effect, as determined by the applicable fire district, including both on-site and off-site access roads. Exceptions to these standards may be allowed by the fire district, subject to the appeal processes identified in the SRA Fire Safe Regulations.

C.

Signs. See Chapter 130.36 (Signs) in Article 3 (Site Planning and Project Design Standards) of this Title.

D.

Setbacks. The following minimum setbacks apply to all ranch marketing facilities and outdoor use areas, excluding parking lots and picnic areas:

1.

Adjacent to non-residential zones: 50 feet from all property lines.

2.

Adjacent to residential zones: 200 feet from all property lines.

3.

The 200-foot setback in [Subsection] 4.b above may be reduced to no less than 50 feet by a grant of administrative relief in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Process) of this Title.

(Ord. No. 5177, § 7, 6-20-2023)

Sec. 130.44.104 - Ranch Marketing Uses for Crop Production.

A.

Table 130.44.104.1 (Ranch Marketing Uses for Crop Production) below in this Section identifies the allowed Ranch Marketing uses for crop production, subject to the provision below.

Table 130.44.104.1—Ranch Marketing Uses for Crop Production

B.

Ranch Marketing Uses. The following uses shall be allowed by right during the harvest season:

1.

Bake Shops, and Food Stands, and Dining Facilities. Bake shops and food stands, subject to the following standards:

a.

Bake shops, food stands, dining facilities and any other sale of food products shall comply with the California Health and Safety Code, subject to approval from all applicable agencies including, but not limited to, Environmental Management, California Department of Public Health, and California Department of Food and Agriculture.

b.

A commercial kitchen established for a bake shop, food stand or dining facility can be used outside of harvest season to make value-added products from cold storage produce. The on- or off-site sale of said value-added products is not limited to its applicable harvest season.

2.

Handicraft Sales. Handicraft sales subject to all of the following standards:

a.

Handicrafts shall be products that are made domestically by hand, normally sold by the person who made them, and do not include items that are mass produced by others.

b.

Vendors shall have a current County business license.

c.

Vendors may use the site for overnight recreational vehicle camping during the time the vendor occupies the site, subject to any applicable State and County health and safety regulations.

Marketing Activities and Accessory Uses. Marketing activities and accessory uses are limited to daylight hours. Outdoor music shall meet County noise standards. Amplified music or amplified speech shall comply with Chapter 130.37 (Noise Standards) in Article 3 (Site Planning and Project Design Standards) of this Title. For any events with amplified sound, occurring between 7:00 p.m. and 10:00 p.m., a noise analysis shall be submitted to the Department demonstrating that the noise standards will not be exceeded. No outdoor music will be allowed after 10:00 p.m. Concerts or other outdoor amplified music or voice sponsored by or for the benefit of an organization other than the operator of the ranch marketing area shall not be allowed as marketing activities but may be allowed with a use permit subject to Subsection D.6 (Uses Requiring a Use Permit), below.

4.

Retail Sales. Retail sales of merchandise, art, and prepackaged food items shall be allowed within the ranch marketing area. The sale of prepackaged food items shall comply with the California Health and Safety Code and be permitted by Environmental Management. The sale of non-agricultural merchandise shall be subordinate to the sale of produce and valueadded products. Retail sale of on-site produce kept in cold storage is not limited to its harvest season.

5.

Agricultural Museum. Agriculturally related museums that primarily display items from California's agricultural history.

6.

Room Rental Event. Room rental events are allowed, and are not counted for purposes of determining the maximum number of special events allowed under Subsection 130.44.102.C (Special Events Generally), if the operator of the ranch marketing area complies with all the following requirements:

a.

The event is held indoors and involves the rental of a portion of the ranch marketing area or related facilities.

b.

There will be no more than 40 persons in attendance.

c.

No amplified music or amplified speech is allowed.

d.

Only one room rental event may be held each calendar day.

e.

The event is limited in duration to eight hours and must be held during the normal business hours of the operator of the ranch marketing area.

C.

Uses Requiring an Administrative Permit. The following uses are allowed by Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title:

1.

Non-ranch marketing use of an existing commercial kitchen established for a bake shop or food stand as an owner-operated or leased catering facility, subject to approval from all applicable agencies including, but not limited to, Environmental Management, California Department of Public Health, and California Department of Food and Agriculture.

Ranch marketing activities that do not have direct access to a County-maintained road or State highway, provided that the operator of the ranch marketing area has entered into an agreement to participate in any road maintenance entity (homeowner's agreement, Zone of Benefit, Community Services District, or County Service Area) on roads that serve the site. If the operator of the ranch marketing area has not entered into such an agreement, then a use permit is required under Subsection D.7 (Uses Requiring a Use Permit), below.

3.

Special events, subject to compliance with Subsection 130.44.102.C (Special Events Generally) above.

D.

Uses Requiring a Use Permit. The following uses are allowed by use permit in compliance with Chapter 130.52 (Permit Requirements, Procedures, Decisions, and Appeals) in Article 5 (Planning Permit Processing) of this Title, as follows:

1.

Special events in which the number of attendees exceeds, or is planned to exceed, 250 persons at any given time, and special events that exceed the provisions of this Chapter that are on-going or reoccurring. One-time special events may be authorized by Temporary Use Permit in compliance with Section 130.52.060 (Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title. The operator of the ranch marketing area that holds a special event using a Temporary Use Permit or a Use Permit shall comply with Subsection 130.44.102.C (Special Events Generally) above.

2.

Any special event that is held on a ranch marketing area that has exceeded the maximum events allowed via an Administrative Permit in a calendar year, consistent with Subsection 130.44.102.C (Special Events Generally) above.

3.

Campgrounds, Temporary Campgrounds, and commercial stables.

4.

Dining facility to the following standards:

a.

Dining facilities and any other sale of food products shall comply with the California Health and Safety Code, subject to approval from all applicable agencies including, but not limited to, Environmental Management, California Department of Public Health, and California Department of Food and Agriculture.

b.

A commercial kitchen established for a bake shop, food stand, or dining facility can be used off-season to make value-added products from cold storage produce. The on- or off-site sale of said value added products is not limited to its harvest season.

5.

Mechanical amusement rides, helicopter rides, and similar non-agricultural activities.

6.

Concerts or other outdoor amplified music or voice in which the music is the primary attraction. The event may also be allowed with a Temporary Use Permit if the operator of the ranch marketing area complies with Section 130.52.060 (Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title. If it is reasonably anticipated that more than 150 persons will be present at the event, the operator of the ranch marketing area shall also obtain a permit under Chapter 12.39 or a conditional use permit for an outdoor music festival under Chapter 5.32, as applicable.

Ranch marketing activities that do not have direct access onto a County-maintained road or State highway and the operator of the ranch marketing area has not entered into an agreement to participate in any road maintenance entity (homeowner's agreement, Zone of Benefit, Community Services District, or County Service Area).

8.

In addition to the findings required under Subsection 130.52.021.C (Specific Findings for Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title, the following findings shall be made by the review authority before approving a Conditional Use Permit under this Section:

a.

The site meets the minimum acreage and planting standards.

b.

The use is secondary and subordinate to the agricultural use.

c.

The use does not detract from or diminish the on-site agricultural uses.

d.

There is no adverse effect on agricultural production on surrounding properties.

e.

For lands under Williamson Act contract, the use is compatible with the provisions of California Government Code Section 51200 et seq.

(Ord. No. 5177, § 7, 6-20-2023; Ord. No. 5218, § 5, 12-10-2024)

Sec. 130.44.105 - Ranch Marketing Provisions for Christmas Tree Sales.

The provisions of this Section apply only to operations whose primary product are Christmas trees and are not in addition to other uses allowed by this Chapter. The following ranch marketing provisions shall be allowed if Christmas trees are grown on sites that meet the minimum acreage and planting standards of Subsection 130.44.101.A (Applicability) above in this Chapter:

A.

Choose and cut tree sales.

B.

Retail sales in compliance with Subsection 130.44.104.B.4 (Ranch Marketing Uses: Retail Sales) above in this Chapter.

C.

The sale of pre-cut Christmas trees grown off-site provided they are sold concurrently with Christmas trees grown on-site and the primary crop (greater than 51 percent) is grown on-site.

D.

Room Rental Event. Room rental events are allowed, and are not counted for purposes of determining the maximum number of special events allowed under Subsection 130.44.102.C (Special Events Generally), if the operator of the ranch marketing area complies with all the following requirements:

1.

The event is held indoors and involves the rental of a portion of the ranch marketing area or related facilities.

2.

There will be no more than 40 persons in attendance.

3.

No amplified music or amplified speech is allowed.

4.

Only one room rental event may be held each calendar day.

5.

The event is limited in duration to eight hours and must be held during the normal business hours of the operator of the ranch marketing area.

E.

Special events on lots of ten acres or more, subject to compliance with Subsection 130.44.102.C (Special Events Generally) above.

(Ord. No. 5177, § 7, 6-20-2023; Ord. No. 5218, § 6, 12-10-2024)

Sec. 130.44.106 - Ranch Marketing Provisions for Agricultural Grazing Lands (Large Animal).

A.

The provisions of this Section apply only to cattle grazing operations and are not in addition to other uses allowed by this Chapter. The following ranch marketing provisions shall provide a ranch atmosphere and natural environment for guest ranches, as allowed for in [Section] 130.40.170 (Lodging Facilities) above in Chapter 130.40 and as defined in Article 8 (Glossary) of this Title, and other events and activities defined in this Section and shall be allowed on land zoned Agricultural Grazing (AG), Planned Agricultural (PA), and Limited Agricultural (LA) when in compliance with all applicable provisions and development standards of this Chapter. Table 130.44.106.1 (Ranch Marketing Uses for Agricultural Grazing Lands) below in this Section identifies the allowed ranch marketing uses for agricultural grazing lands with large animal operations, subject to the provision below.

Table 130.44.106.1—Ranch Marketing Uses for Agricultural Grazing Lands

B.

Ranch Marketing Uses on Grazing Lands are the following:

1.

Round-ups, rodeos, or other similar activities.

2.

Camping, fishing, hunting, horseback riding.

3.

Marketing Activities and Accessory Uses in compliance with Subsection 130.44.104.B.3 (Ranch Marketing Uses; Marketing Activities and Accessory Uses) above in this Chapter.

4.

Food Stands or Chuck Wagons in compliance with Subsection 130.44.104.B.1 (Ranch Marketing Uses: Bake Shops, and Food Stands, and Dining Facilities) above in this Chapter.

Retail sales in compliance with Subsection 130.44.104.B.4 (Ranch Marketing Uses: Retail Sales) above in this Chapter.

6.

Museum as defined in Subsection 130.44.104.B.6 (Ranch Marketing Uses: Agricultural Museum) above in this Chapter.

7.

Room Rental Events. Room rental events are allowed, and are not counted for purposes of determining the maximum number of special events allowed under Subsection 130.44.102.C (Special Events Generally), if the operator of the ranch marketing area complies with all the following requirements:

a.

The event is held indoors and involves the rental of a portion of the ranch marketing area or related facilities.

b.

There will be no more than 40 persons in attendance.

c.

No amplified music or amplified speech is allowed.

d.

Only one room rental event may be held each calendar day.

e.

The event is limited in duration to eight hours and must be held during the normal business hours of the operator of the ranch marketing area.

C.

Uses Requiring an Administrative Permit. The following uses are allowed by Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title:

1.

Ranch marketing activities that do not have direct access to a County-maintained road or State highway, provided that the operator of the ranch marketing area has entered into an agreement to participate in any road maintenance entity (homeowner's agreement, Zone of Benefit, Community Services District, or County Service Area) on roads that serve the site. If the operator of the ranch marketing area has not entered into such an agreement, then a use permit is required under Subsection.D.5 (Uses Requiring a Use Permit), below.

2.

Use of existing permanent structures or temporary structures.

3.

Other uses found compatible with grazing operations.

4.

Special Events in compliance with Subsection 130.44.102.C (Special Events Generally) above in this Chapter.

D.

Uses Requiring a Use Permit. The following uses are allowed by use permit in compliance with Chapter 130.52 (Permit Requirements, Procedures, Decisions, and Appeals) in Article 5 (Planning Permit Processing) of this Title, as follows:

1.

Concerts or other outdoor amplified music where the music is the primary attraction. The event may also be allowed with a Temporary Use Permit if the operator of the ranch marketing area complies with Section 130.52.060 (Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title. If it is reasonably anticipated that more than 150 persons will be present at the event, the operator of the ranch marketing area shall also obtain a permit under Chapter 12.39 or a conditional use permit for an outdoor music festival under Chapter 5.32, as applicable.

2.

Special events in which the number of attendees exceeds, or is planned to exceed, 250 persons at any given time, and special events that exceed the provisions of this Chapter that are on-going or reoccurring. One-time special events may be authorized by Temporary Use Permit in compliance with Section 130.52.060 (Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title. The operator of the ranch marketing area shall comply with Subsection 130.44.102.C.3 (Special Events Generally) above.

3.

Any special event that is held on a ranch marketing area that has exceeded the maximum events allowed via an Administrative Permit in a calendar year, consistent with Subsection 130.44.102.C (Special Events Generally) above.

4.

Dining facility.

5.

Ranch marketing activities that do not have direct access onto a County-maintained road or State highway and the operator of the ranch marketing area has not entered into entered into an agreement to participate in any road maintenance entity (homeowner's agreement, Zone of Benefit, Community Services District, or County Service Area) on roads that serve the site.

6.

In addition to the findings required under Subsection 130.52.021.C (Special Findings for Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title, the following findings shall be made by the review authority before approving a Conditional Use Permit under this Section:

a.

The use is secondary and subordinate to the agricultural use.

b.

The use does not detract from or diminish the on-site agricultural uses.

c.

There is no adverse effect on agricultural operations on surrounding properties.

d.

For lands under Williamson Act contract, the use is compatible with the provisions of California Government Code Section 51200 et seq.

E.

Parcels that do not meet the above acreage criteria but have over 40 acres of grazing land and have agricultural zoning, may qualify for Ranch Marketing activities with an Administrative Permit. For those parcels under 40 acres with agricultural zoning, a Minor or Conditional Use Permit shall be required. (See Table 130.44.106.1: Ranch Marketing Uses for Agricultural Grazing Lands, above in this Section).

(Ord. No. 5177, § 7, 6-20-2023; Ord. No. 5218, § 7, 12-10-2024)

Sec. 130.44.107 - Ranch Marketing Provisions for Small Livestock Operations.

Reserved.

(Ord. No. 5177, § 7, 6-20-2023)

Sec. 130.44.108 - Enforcement.

A.

Any violation of this Chapter is subject to enforcement under Chapter 9.02, except that, notwithstanding Section 9.02.210, a violation of this Chapter may be a misdemeanor and the fine assesses for each notice and order issued for the same violation shall be as follows:

1.

First violation: $250.00.

2.

Second violation: $500.00.

3.

Third or subsequent violation: $1,000.00.

B.

The County may recover the costs of abatement incurred by the County in its code enforcement efforts, including administrative fines or fees, under Section 9.02.090.

C.

All fines or costs collected under this Chapter shall be deposited into the General Fund and used for costs related to enforcement and administration of this Chapter.

D.

Suspension for Repeat Violations. If an operator of a ranch marketing area has received three substantiated violations or more occurring on separate dates related to a violation of Subsection 130.44.102.C ("Special Events Generally") within any 18month period, then the County shall revoke any associated administrative permit that authorized the operator to hold special events, and that person will be ineligible to submit an application for an administrative permit to hold special events for six months after the date of the last violation. For purposes of determining whether a substantiated violation occurred within an 18-month period, that period is calculated from the date of violation and not the date that the notice and order is substantiated and includes any violation that occurred on a date after the effective date of Ordinance No. 5177 and before the effective date of the ordinance amending this Subsection. Any subsequent substantiated violation of this Paragraph will extend that six-

month period for an additional six months. The County may enforce any violation of this Paragraph as a public nuisance and may take all reasonable actions consistent with law to abate that public nuisance, including injunctive relief. For purposes of this Paragraph, substantiated violation means the operator of the ranch marketing area received a notice and order under Chapter 9.02 and either did not contest such violation or filed a timely appeal and the violation in the notice and order was upheld by the administrative hearing officer. A substantiated violation does not include a complaint that did not result in a

substantiated violation, nor does it include a violation that led to a notice and order that was withdrawn by both parties due to compliance.

(Ord. No. 5177, § 7, 6-20-2023; Ord. No. 5218, § 8, 12-10-2024)