Indian Wells Municipal Code Ch. 8.24 Blowing Sand and Dirt

Editor's Note: This Chapter, as added by Ord. No. 100, was originally numbered 8.20 and has been editorially renumbered to 8.24 to avoid repetition.

No person, firm or corporation who owns or is in possession or control of land the soil of which is sandy loam or which, by virtue of its character and the presence in the area of strong prevailing winds, seasonal or otherwise, is likely, if the surface thereof is disturbed, to be eroded by wind and blown in substantial quantity onto a public road or roads or other public or private property in the vicinity of said land, shall substantially disturb the surface of said sand by excavating, leveling, cultivating, plowing, removing natural or planted vegetation or root crops, or by depositing or spreading a substantial quantity of similar soil on the land, or by any other act likely to cause or contribute to wind erosion of the land, or to aggravate an existing wind erosion condition thereon, without providing sufficient protection at or prior to the time of so disturbing the surface of the land or without thereafter continuously maintaining the same or equivalent protection, so far as to prevent the soil on the land from being eroded by wind and blown onto a public road or roads or other public or private property. Such protection shall be provided by means of windbreaks, walls, fences, planting and maintaining vegetation, covering the land, applying water or other material, or other effective method or combination of methods of holding the soil in place.

Any act or omission complained of as a violation of the above necessarily incidental to and consistent with conduct of agricultural operation in a manner usual and customary for such agricultural operations shall not be included in the above.

(Ord. 100 § 1, 1974)

A violation of this Chapter is a misdemeanor and is punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County jail for not more than six (6) months, or by both such fine and imprisonment. The failure to maintain protection required by Section 8.24.010 shall be deemed a separate and continuing offense and a prosecution under this Chapter shall not be a bar to a subsequent prosecution if the condition remains uncorrected.

(Ord. 100 § 1, 1974; Ord. 446 § 3, 1999)

Nothing herein shall deprive any person or agency of any civil or other remedy that he or it would otherwise have for any act or omission prohibited by this Chapter, nor shall any building permit or subdivision approval or other permit or authorization issued by the City or any of its officers or employees be deemed to authorize a violation of this Chapter or be a defense to any prosecution under this Chapter.

(Ord. 100 § 1, 1974)