Article IV — FLY CONTROL

Editor's note— Ord. No. 1499, § 1, adopted April 25, 2006, amended article IV in its entirety to read as herein set out. Formerly, article IV pertained to similar subject matter and derived from the Code of 1968, §§ 12-21—12-31.

Cross reference— Nuisances, ch. 18; solid waste, ch. 24.

(a)

Intent. It is the intent of this article to regulate poultry ranches and other places in order to promote good fly control practices and to provide a system of abatement for all fly breeding sources within the city.

(b)

Public nuisance. Any fly breeding hazard located in the city is declared to constitute a public nuisance. It shall be unlawful to maintain any fly breeding hazard within the city or to operate a poultry ranch without compliance with this article.

(Ord. No. 1499, § 1, 4-25-06)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:

Director means the director of the public works department for the city or his or her representative to whom any of the duties of the director under this article are delegated by the director.

Extreme proximity shall be defined as a distance of 500 feet or less between poultry ranch building or structure wherein poultry are kept, raised or maintained and the nearest residential or commercial building or structure.

Fly breeding hazard means the accumulation, existence or maintenance of any substance, matter, material or condition resulting or likely to result in the breeding of flies in an amount or manner such as to endanger public health or safety or to create unreasonable interference with the comfortable enjoyment or use of life or property by others. Any condition that results in the need for immediate fly control measures, as set forth in this article, constitutes a fly breeding hazard.

Poultry ranch means any property, building, structure, enclosure or premises where more than 50 chickens or other birds are kept, raised or maintained.

Standards for the prevention and control of fly breeding on poultry ranches means those sections provided in this article for the construction, operation and maintenance of poultry ranches.

(Ord. No. 1499, § 1, 4-25-06)

(a)

Public works department—Environmental control section. Enforcement or determination of any issue under this article shall be determined by the public works department through its environmental control section ("ECS"). The director of the public works department shall be responsible for staffing the ECS.

(b)

Functions. The functions of the ECS are as follows:

(1)

The ECS may issue, renew, suspend, revoke or deny any permit under this article.

(2)

The ECS may, upon evidence presented, recommend methodology for abatement of a violation of this article.

(3)

Administration of abatement orders, notices of violation, citations and court actions shall be the responsibility of the director of the ECS.

(4)

Adopt such rules and regulations as are necessary to implement this article, provided that no such rule or regulation shall be inconsistent with this article.

(c)

Telephone hotline. The ECS shall maintain a separate telephone line for citizens' comments concerning fly breeding hazards, operative during the normal business hours. The ECS shall maintain records of the citizens' comments for three years from the date such comments were received by the ECS.

(Ord. No. 1499, § 1, 4-25-06)

(a)

Inspection. The director may routinely inspect poultry ranches, take photographs, collect samples or gather other information. The director may inspect any property or premises when there is cause to believe that a fly breeding hazard exists. Any such inspections or samplings shall be performed in accord with applicable provisions of law, including the Fourth Amendment to the U.S. Constitution.

(b)

Notice. When the director determines that a fly breeding hazard exists on any property or premises, or a written notice of violation may be issued to the property owner and/or operator of the premises to correct the violation within a specified period of time. A notice of violation shall allow at least three days to correct the violation. Continuing or subsequent violations may result in immediate citation.

(c)

Service of notice or order. Any notice required by this section shall be served by at least two of the following methods:

(1)

By U.S. regular mail, postage prepared, to the property owner at the address of the property where a fly breeding hazard may exist.

(2)

By certified mail, return receipt requested, to the person designated by the property owner at any address provided by the property owner.

(3)

By personal service.

(4)

By posting the property.

(d)

Repeated violations. If the director has served two or more written notices of violation within the previous 12-month period, the director may:

(1)

At the time of service of the second notice of violation, provide a written warning regarding suspension of the permit as described in Section 13-102, upon receiving the third notice of violation within the previous 12-month period.

(2)

At the time of service of the third and any subsequent notice of violation, provide a notice of immediate 30-day suspension of the permit as described in section 13- 102;

(3)

At the time of service of any additional notice of violation during the period of suspension, provide a notice of immediate and indefinite suspension of the permit as described in section 13-102; and

(4)

At the time of service of a notice of immediate 30-day suspension of the permit as described in section 13-102, provide a written notice of a right to a hearing as provided under section 13-101.

(e)

Reinspection.

(1)

Upon issuance of a written notice of violation, the director must notify the reinspection date to the owner or operator of a poultry ranch of the date for reinspection of the property or premises.

(2)

For each re-inspection performed as a result of a written notice of violation to a poultry ranch, costs of such reinspection shall be exclusively borne by the property owner and the operator of the poultry ranch, jointly and severally. The reinspection costs shall be determined by the inspection rates, approved by the mayor and city council, and shall reflect a reasonable sum directly incurred as a result of the reinspection. Reinspection costs are determined on a case-by-case basis reflecting the actions taken by city environmental control. The reinspection costs shall not be deemed a penalty.

(3)

The reinspection costs shall be invoiced to the property owner and the operator of the poultry ranch where the reinspection occurred within 30 days of reinspection, which shall be paid within ten days there from, payable to the city. Unpaid balance of the reinspection costs shall carry interest of ten percent per annum from the date of invoice until full payment. Failure to pay reinspection costs shall result in denial of issuance or renewal of a permit in addition to any other remedies or penalties that may result.

(4)

Reinspection costs incurred by the city may be collected against the subject property as authorized by the Government Code Section 54988 and as follows:

a.

The director shall provide the owner of the subject property with a written accounting of the city's costs, which shall include, in plain language, a description of the basis for the amounts comprising the lien, a minimum of 45 days after notice to pay the costs, and an opportunity to appear before the director and be heard regarding the amount of the proposed charge, and that failure to so appeal shall constitute a waiver of the owner's right to an administrative determination of the matter. The notice shall be given as provided under section 13-99.

b.

In the event the owner does not appeal, the amount of any unpaid costs shall, pursuant to the provisions of Government Code section 54988, may be made a lien on the subject property to be sent to the San Bernardino County tax collector in order to be collected at the same time and in the same manner as property taxes are collected.

(5)

If the city council determines that the proposed lien authorized pursuant to subsection (4) shall become a lien, the city council may also cause a notice of lien to be recorded. In the event the property owner fails to appeal the costs, the director may determine that the proposed costs authorized pursuant to subsection (4) shall become a lien and may also cause a notice of lien to be recorded. A lien recorded pursuant to this subdivision shall attach upon recordation in the office of the San Bernardino County Recorder and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner of the property, set forth the last known address of the record owner, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.

(6)

In addition to the remedies set forth herein or otherwise provided for by law, the obligation to pay any unpaid costs shall be made a personal obligation of the owner of property and operator subject to this section. Such obligation may be recovered against the owner through a suit instituted by the city or its authorized collection agent, or in any other manner provided for by law. In any such action, the city shall be entitled to recover costs of such suit, including the city's attorneys' fees.

(Ord. No. 1499, § 1, 4-25-06)

(a)

Violations. It shall be unlawful for any person or entity to violate any provision of this article.

(b)

Penalties. Any person violating a provision of this article is guilty of an infraction, and upon conviction thereof, shall be punished by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation and a fine not exceeding $500.00 for the third and each subsequent

violation thereafter within the previous 12-month period. The fourth and any subsequent violations within the previous 12-month period shall each constitute either an infraction or a misdemeanor at the city attorney's sole discretion. An infraction shall be punishable by a fine as set forth above. A misdemeanor shall be punishable by a fine not to exceed $1,000.00 or six months in jail, or both. Each day or portion thereof in violation shall be considered a separate and distinct offense. Payment of any penalty provided in this section shall not relieve a person from the responsibility of correcting the conditions constituting the violation.

(c)

Civil penalties. In addition to the criminal penalties set forth above, any person or entity violating any provision of this article is subject to civil penalties as set forth in subsection 1-7(c).

(d)

Public nuisance. The director may declare the existence of fly breeding hazards at any poultry ranch to be a public nuisance. The director may declare any poultry ranch receiving a third and any subsequent violation of a provision of this article within the previous 12-month period a public nuisance. In declaring and abating certain conditions or uses existing on any poultry ranch as a public nuisance, all relevant provisions of chapter 18 of this Code that are not in conflict with the provisions herein shall apply in addition to the provisions of this article.

(e)

Court action. Notwithstanding any provisions of this section, if the owner or operator fails to correct the violation within the specified period of time indicated on a written notice of violation or fails to abate a public nuisance condition that exist on the poultry ranch, the director may proceed with a criminal or civil action or proceeding in court to enforce the provisions of this article.

(f)

Remedies. The director may use any remedies provided by law for the abatement of a nuisance in addition to or in lieu of any remedy provided in this article.

(Ord. No. 1499, § 1, 4-25-06)

(a)

Right to hearing. Any poultry ranch declared to be public nuisance pursuant to subsection 13-100(b) is entitled to, and shall be notified of, a hearing on the abatement of a public nuisance as provided under section 18-6. All relevant provisions of chapter 18 of this Code that are not in conflict with the provisions herein shall equally apply.

(b)

Responsibility of director. Notwithstanding any provisions herein and provisions provided in chapter 18 of this Code, the final administrative determination for the existence of fly breeding hazards, abatement procedures, or issuance, renewal, suspension or denial of a permit shall be made by the director.

(Ord. No. 1499, § 1, 4-25-06)

(a)

Permit required. Every owner or operator of a poultry ranch shall apply to the public works department, environmental control section, and obtain an annual permit to engage in the business of operating or managing a poultry ranch. The appropriate fee shall be submitted with each application. An operator of several separate poultry ranches shall obtain a separate permit for each ranch operation. Permits are not transferable, and may be denied, suspended or revoked In accordance with the provisions of this article. A fee adopted by city council, which represents a reasonably estimated cost of enforcing provisions of this article shall be submitted with each application.

(b)

Denial, suspension or revocation. Upon notification by the director of intent to deny, suspend or revoke a permit, the permittee may request a hearing as provided for in this article. The grounds for denial, suspension or revocation shall include, but not limited to, the following:

(1)

The existence of a fly breeding hazard on the applicable property.

(2)

Failure to pay re-inspection costs, fines or penalties.

(3)

Noncompliance with the other requirements of this article as to use of facilities and equipment.

(4)

Misrepresentation of any material fact by the applicant in obtaining a permit from the city, or other license required by law.

(5)

Violation of any of the provisions of this article or other provisions of state or federal law or regulations applicable to the raising, maintaining or keeping of poultry.

(c)

Appeals.

(1)

Any person aggrieved by the action of the director in approving or denying an application for issuance or renewal of a permit under this article, or in revoking or suspending or refusing to revoke or suspend any permit, may, within five days after such action, appeal to the city by filing written notice with the city clerk. The city council shall then review the determination or decision of the director in the matter appealed from and may approve, disapprove or modify such determination or decision. Such review shall be conducted within 30 days after the date of the filing of the appeal, unless the city and person aggrieved agree to a later date for such review. The action of the city council under this section shall be final and conclusive.

(2)

The city council may, at any time, by ordinance, resolution or motion, delegate the holding of the hearing required by subsection (1) to a hearing body or officer designated by the city council. In the event a hearing body or officer has heard an administrative matter, that hearing body or officer shall be deemed to be the city council's delegate hereunder, without further city council action. The hearing body or officer shall make a written recommendation to the city council, which recommendation shall include factual findings based on evidence introduced at the hearing. The city council may adopt the recommendation without further notice or hearing, may modify and adopt the recommendation without further notice or hearing or may set the matter for a de novo hearing before the city council. The city council may uphold any portion of said hearing officer's determination so long as such portion is supported by substantial evidence. Notice in writing of the de novo hearing shall be provided to the property owner or operator of a poultry ranch at least ten days in advance of the scheduled hearing.

(d)

Legacy permits. Any permit issued by the department of environmental health of the county shall remain effective until the applicable expiration date. No later than 30 days prior to expiration of the permit issued by the department of environmental health, the owner or operator of a poultry ranch shall apply for a permit from the public works department, environmental control section.

(Ord. No. 1499, § 1, 4-25-06)

(a)

The following information and documents shall be submitted to the public works department, environmental control section on the application for a permit as required by section 13-102 in connection with all existing poultry operations:

(1)

The name and address of the owner and operator.

(2)

Construction details of existing operational systems such as cages, floors, watering, feeding, wastewater disposal, house space and cooling and ventilating systems.

(3)

Density of birds for the existing operation. Such information shall be maintained as confidential.

(4)

Statements describing the existing method of manure management and dead bird disposal.

(5)

Identification of all contractors and copies of contracts for fly control.

(6)

Identification of all contractors and copies of contracts for manure management including removal, processing or disposal of manure, waste eggs or dead birds.

(7)

Records of compliance with all applicable laws, rules and regulations applicable to operations of poultry ranches.

(8)

History of receipt, status and resolution of each of abatement orders, notices of violation, citations and court actions related to fly breeding hazards for the previous three years.

(9)

The name and address of the person(s) designated for service of notices, citations or orders required by or provided for under this article.

(b)

The following information shall be submitted on the application for a permit as required by section 13-102 in connection with all new caged poultry operations in the process of expansion or remodeling. Plans for new construction shall be submitted to the public works department, environmental control section and the city building department for approval prior to construction. Plans for new construction shall include the following information:

(1)

Plot plan drawn to scale.

(2)

The name and address of the owner, operator, firm or corporation.

(3)

The location of proposed construction and type of existing buildings.

(4)

The prevailing wind directions.

(5)

The location of access roads and servicing areas.

(6)

The human and animal population densities of adjoining areas.

(7)

Construction details of proposed and existing operational systems, such as cages, floors, watering, feeding, wastewater disposal, house spacing and cooling and ventilating systems.

(Ord. No. 1499, § 1, 4-25-06)

All trucks and other equipment used in removing, processing or disposal of manure or dead birds shall be kept reasonably clean of manure and dead birds after disposal to prevent fly and odor nuisances. The beds of all trucks and other hauling equipment used for these practices shall be completely covered and sealed with a tarpaulin to prevent spillages when operating on public roadways, in accordance with the state vehicle code. Trucks and other equipment containing manure or dead birds shall not park within 500 feet of a neighboring residential or commercial building. All city Code sections referencing the loading/unloading or the parking of oversized vehicles shall apply to all trucks and equipment used in removing, processing or disposal of manure or dead birds.

(Ord. No. 1499, § 1, 4-25-06)

(a)

Fly bait stations, when required by the public works department environmental control section and approved by the same, shall be maintained in an operable condition on each cage operation type ranch or other fly breeding place. The number of fly bait stations shall be determined by the ECS, however, at least six bait stations per facility shall be required.

(b)

Bait station placement should be on walkways or aisles, avoiding application into the manure pad. Bait stations must also be placed out of reach of birds and placed so they do not contaminate food and water sources, in accord with the pesticide-bait labeling instructions.

(c)

Fly traps, when required by the ECS and approved by the same, shall be maintained in an operable condition on each cage operation type ranch or other fly breeding place. A fly trap is any physical device used to reduce the immediate adult fly population. A fly trap typically consists of two components; one that attracts and one that kills. Several kinds of fly traps are available, including electrical traps, employing a black light with an electrically charged grid to kill the insects, baited traps, with a fly attractant material, or inverted cone traps. Fly traps shall be used as a supplement to other fly control procedures.

(d)

This article shall be interpreted to promote good fly control practices in accordance with recognized biological control practices to reduce the possibility of fly breeding. However, this article does not preclude the otherwise lawful use of pesticides when necessary, or other good fly control practices as approved by the ECS. The ECS may require those practices necessary of permittees and other fly breeding places to ensure fly control and to prevent a public nuisance.

(Ord. No. 1499, § 1, 4-25-06)

The following standards shall be utilized by any poultry ranch, whether operating before or after the effective date of this article, to promote good fly control practices at poultry ranches in accordance with recognized integrated pest management techniques.

(1)

Construction and maintenance.

a.

Structures and equipment for both ground and cage operations shall be constructed so as to facilitate the drying and removal of manure when required, and shall provide drainage of moisture away from all manure.

b.

All watering and cooling systems shall be so installed as to prevent backflow and so maintained that they do not overflow, splash or leak upon manure and feeds.

c.

All wastewater shall be disposed of by using a subsurface drainage system or other method that will not result in a nuisance.

d.

All housing operations shall be so designed and maintained as to allow adequate ventilation and weather protection by proper spacing, elevation and roofing designs.

e.

All feed storage facilities shall be designed and maintained so as to prevent fly and rodent development.

(2)

Manure management.

a.

Drying and coning operation. If the poultry ranch owner or operator employs the drying and coning operation method of manure management, he or she shall comply with the following:

The process shall begin on a medium or on a pad of dry manure in order to harbor predators and parasites and to provide an absorbent surface for fresh droppings. A deeper pad of dry manure may be necessary if the area beneath the poultry cages is sunk below the levels of the aisles. If necessary, to facilitate drying, the operator should stir or otherwise break up fresh droppings and mix them with the dry pad until a satisfactory dry condition is attained. Raw manure shall be dried to a moisture content of less than 30%.

Any system used for watering the poultry shall be maintained so as to prevent water from reaching the manure. Should the system leak water into the manure so as to disrupt the effectiveness of the drying method, it will be necessary to change or upgrade the watering system.

All wet spots in the manure created by water leaks or diarrhetic poultry shall be thoroughly removed and replaced with an adequate base of dry material as necessary.

Whenever it becomes necessary to remove the manure from under the cages, a six- to eight-inch pad of dry manure shall be left to facilitate the drying of the new cones and maintain a habitat for predators and parasites. This may be done by one of the following methods:

i.

Removing every other row, then pushing half of the manure from the remaining row into the cleaned out row.

ii.

Cleaning so as to leave at least six to eight inches of manure in each row.

iii.

Cleaning out all manure and replacing with at least a six- to eight inch pad of dry manure from some other source.

b.

Frequent manure removal operation. If the poultry ranch owner or operator employs the frequent manure removal operation method of manure management, he or she shall comply with the following:

Manure shall be removed frequently enough from under poultry cages or the floor area(s) to prevent fly larvae migration and adult emergence. In environmental houses, this shall be done at least weekly, or as required by order of the public works department environmental control section. In floor operations, this shall be done at least monthly, or as required by order of the public works department environmental control section.

Each time the manure is removed from under the poultry cages, it shall be done so that manure containing larvae and pupae is also removed from fringe areas, around support posts and closely scraped off all substrates.

Aisles and borders of the poultry houses shall be cleaned of feathers and other debris frequently to eliminate pupation areas for fly larvae. In environmental houses, this shall be done at least weekly, or as required by order of the public works department. In floor operations, this shall be done at least monthly, or as required by order of the public works department.

c.

Additional procedures. The following procedures shall be followed to limit moisture in the droppings or aids rapid drying:

Prevent leaks in waterers. Inspect the pad daily to check for leaks, and repair them when found.

When the water table is high or there is a danger of water running in from the outside, adjust the floor/grade relationship so that the floor of the house is higher than the surrounding ground and water runs away from the building.

Provide abundant ventilation both in the manure pad for effective drying.

Avoid excessively high house temperatures that encourage abnormal water intake.

Avoid rations that are laxative.

Use absorbent litter where practical.

Maintain proper insulation on water lines to prevent condensation.

(3)

Manure disposal.

a.

Raw manure that has been dried to a moisture content of 30 percent or less, such that any fly larvae and pupae cannot complete their lifecycle. Raw manure that has been dried to a moisture content of 30 percent or less may be stockpiled or stored on the ranch premises for no more than 15 days. Raw manure that has not been dried to a moisture content of 30 percent shall not be stockpiled or stored on the ranch premises for no more than seven days. Moisture content shall be measured using a soil moisture probe. The probe shall be inserted to a depth of one to five inches in five equidistant locations in the manure pad in order to obtain an average moisture content measurement for the pad.

b.

Any manure removed from under the poultry cages or the premises by any person shall be processed and disposed of in a manner that will not create a breeding hazard.

c.

Manure which is processed on the ranch shall be processed by one of the following means, provided there is sufficient area available for whichever method is selected. Methodology for manure processing and disposal shall be that approved by the director. Obtaining the director's approval shall be the responsibility of the operator. Manure shall be:

Placed under a tarp which is properly sealed around the edges or in a fly tight storage bin to prevent the emergence of adult flies.

Spread thinly to dry or disked under in a manner that will not create a fly problem; or

Incorporated into an effective decomposition or drying operation so that manure has a moisture content of 30 percent or less and any larvae and pupae in the manure cannot complete their life cycle, and operated so that dust, odor and nuisance, as determined by the director, to adjacent properties do not occur.

(4)

Fly monitoring and control. A quantitative method for monitoring fly populations should be part of every fly control program for making control decisions. Of sampling methods available, the use of spot cards and/or sticky ribbons is most widely accepted in assessing fly population density, and as such, both of these methods shall be adopted at each poultry ranch operation.

a.

Spot card technique.

Three by five inch white paper index cards shall be placed in poultry houses upstairs in high-rise or shallow pit caged layer operations and/or in the manure pad. They shall be fastened to support posts, ceilings, or other areas where flies are known to land. Spot cards may be placed in such a manner to avoid irritation to the birds. Placement of spot cards may vary from facility to facility depending upon a variety of factors.

At least one spot card shall be placed approximately 50 linear feet intervals along the length of a building wherein poultry are kept, raised or maintained. Spot cards must be evenly spaced along the length of the building to obtain an average fly population for the entire structure.

Once placed, the spot cards should be left for a period of seven days and replaced with new cards at the same place each week.

The number of "fly specks" or spots on the exposed side shall be counted for each card and recorded on a form approved by the director. The result shall be reported on a weekly basis to the director, and shall be part of the director's weekly inspection report.

A weekly average of 100 or more spots per card will indicate the need for immediate fly control measures by the poultry ranch operator or owner.

In certain cases where the director has identified "extreme proximity" to residential neighborhoods, a weekly average of 50 spots per card will indicate need for immediate fly control measures. This spot count threshold will be indicated in the poultry ranch operator's permit.

b.

Sticky ribbon technique.

Sticky fly ribbons/tapes shall also be used to measure fly activity in a facility.

To use a sticky fly ribbon/tape, the ribbon/tape shall be held out in front of a person measuring fly activity at waist level, who shall walk at a steady pace the length of the house down one walkway between cages and back another walkway. Flies caught on the tape can then be counted and recorded.

One to two fly tapes should be used per house at least once a week.

Generally, 100 or more flies caught per tape indicates the need for immediate fly control measures.

In certain cases where the director has identified extreme proximity to residential neighborhoods, 50 or more flies caught per tape indicates the need for immediate fly control measures.

(5)

Fly control for other sources.

a.

Dead poultry disposal. Dead poultry shall be removed from the cages at least once per day and immediately disposed of by placing the dead poultry in a fly tight, sealed container or structure for proper offsite removal. Dead poultry must be removed from the premises at least weekly. Containers must be kept clean to prevent fly breeding.

b.

Waste egg disposal. Waste eggs shall be disposed of by one of the following methods:

Placed daily in the dead bird disposal.

Placed in fly tight containers or structures and removed from the premises at least weekly.

c.

Feed management.

The feed storage area shall be kept dry.

Spilled feed from feed troughs shall be immediately removed.

(6)

General ranch operation.

a.

There shall be sufficient equipment and personnel to implement the manure management program for fly prevention and control.

b.

Whenever necessary, the fly population on the ranch shall be chemically controlled to prevent nuisances. It is recommended that larvacide be kept at minimum. Appropriate adulticides, to include both sprays and baits, should be used to control adult fly populations.

c.

Dropping boards or wires may be considered as useful in speeding the drying process and thus reducing the expense of pesticides. Excessive accumulations of manure on dropping boards or wires may result in fly breeding; therefore, the boards or wires shall be cleaned as frequently as necessary,

but at least once in every five days.

d.

Inverted cone fly traps baited with waste eggs or other approved attractants are recommended for reducing outdoor fly populations on poultry ranch premises. The director should be consulted regarding construction, placement and number of traps needed per facility. Generally, at least two inverted cone fly traps per building housing poultry shall be required. The inverted cone fly traps should be placed approximately equidistant from each other on the outer perimeter of the poultry ranch. However, a higher concentration of the inverted cone fly traps may be placed on those perimeters of the poultry ranch adjacent to residential neighborhoods. The inverted cone fly traps should be checked and baited at least once per week.

e.

Where possible, doors and windows should screened to prevent entry of flies, especially in processing areas.

(Ord. No. 1499, § 1, 4-25-06)