Jurupa Valley Municipal Code Ch. 6.50 Hog Ranches

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial garbage means any and all garbage other than garbage produced incidentally upon the premises covered by permit.

Commercial hog ranch means any premises where not less than two (2) hogs and not more than three thousand (3,000) hogs are maintained, raised, fed or fattened on commercial garbage.

Garbage means all animal or vegetable refuse or residue from kitchens, canneries, bakeries, restaurants, lunch stands, distilleries, wineries, meat, fish, fruit or vegetable markets and other similar food handling places, and all household waste or residue that shall result from the preparation or care for, or treatment of, food stuffs intended to be used as food, or shall have resulted from the preparation or handling of food for human consumption, or any decayed or unsound meat, fish, fruit or vegetables.

Health Officer means the Director of the Riverside County Department of Environmental Health or designee. The term includes designees of the City Manager.

When computing the number of hogs for the purposes of this chapter, or any permit issued hereunder, all hogs shall be counted except unweaned pigs.

A. It shall constitute a public nuisance and be unlawful for any person, firm or corporation to engage in, conduct, manage or carry on a commercial hog ranch, or use any property in the city for the maintaining, feeding, fattening or raising of more than one (1) hog fed on commercial garbage, unless such an activity is operated in strict compliance with the terms of this chapter and the conditions of a permit procured from the City Council as provided in this chapter.

B. The Health Officer is charged with the responsibility of enforcing this section and of making such inspections and taking such actions as are necessary to insure compliance with the terms of this chapter and all conditions of commercial hog ranch permits issued by the city. Any infraction of this chapter or permits shall be reported in writing to the City Council who shall revoke the violator's permit or take such other action as it deems necessary. This penalty is in addition to those provided in Section 6.50.120.

Any person, firm or corporation desiring or proposing to engage in the commercial hog ranch business shall make written application to the Planning Commission for a permit to do so. Such application shall be accompanied by the application fee required in Section 6.50.090; provided, however, that no permit shall be granted for a commercial hog ranch having more than three thousand (3,000) hogs. Each application shall be accompanied by an affidavit of the owner or his or her authorized agent, stating the following:

(1) The name and address of the owner of the property;

(2) The acreage of the property;

(3) The legal description of the property;

(4) The name and address of the proposed operator or operators of the commercial hog ranch, and, if a corporation, the names and addresses of the directors and officers thereof;

(5) An affidavit of the proposed operator of the commercial hog ranch which affidavit shall set forth:

(a) The maximum number of hogs which the applicant proposes to maintain, raise, feed or fatten on the ranch;

(b) The type of feed to be used; if commercial garbage or garbage, whether or not the same will be cooked in accordance with rules and regulations of the Department of Agriculture, State of California;

(c) The source or sources and estimated quantity of garbage and offal to be fed daily;

(d) A site development permit showing the premises described in the application such plan to designate clearly the specific portions of the premises which will be used for the operation of the commercial hog ranch, the proposed location of all buildings, structures, pens, food containers, feeding devices, fences and drainage installations;

(e) A statement of the method of waste disposal that will be employed and information concerning the character of the soil;

(f) A statement that the premises described in the application which are to be used for the operation of the commercial hog ranch, are not within two (2) miles of any public school, public park, County the city, or any then existing residential subdivision under private deed restrictions; or within one (1) mile of any occupied dwelling house not on the premises; or within two thousand (2,000) feet of any city, county or state highway; or within two (2) miles of any duly permitted or existing commercial hog ranch; provided, however, that facts inconsistent with the foregoing may be set out if accompanied with affiant's statement of the circumstances which he believes justifies the issuance of the permit notwithstanding the inconsistency;

(g) A statement to the effect that the premises on which the commercial hog ranch is to be operated are so zoned under the Title 9 as to permit the type of desired operation.

Upon receipt of an application for the maintenance and operation of a commercial hog ranch and the two (2) affidavits required by this chapter, the Planning Commission shall cause the statements as presented to be forthwith investigated and if the statements are verified as presented, the Planning Commission shall set a date for public hearing thereon, which date shall be not less than fifteen (15) nor more than forty-five (45) days from the receipt of the application. Not less than ten (10) days prior to the date of the hearing, the Planning Commission shall cause notice of the hearing to be given in the community or district in which the commercial hog ranch is proposed by causing to be published, once, in a newspaper of general circulation in the city, a notice setting forth the fact that a commercial hog ranch is proposed to be located on property which is to be generally described in the notice, together with a statement of the time and place of the public hearing and a statement that the legal description of the proposed premises is on file in the Planning Commission office. Further notice of the public hearing shall be given by posting not less than ten (10) days prior to the date of public hearing, at least two (2) signs headed by the words "Proposed Commercial Hog Ranch" in letters not less than two (2) inches in height, along or upon and visible from the state, city or county highway nearest the premises to which the application refers, specifying the general location of the proposed commercial hog ranch and the time and place of the public hearing upon the application. Also, cause a post card notice to be mailed to the owners of all property within a distance of five hundred (500) feet from the exterior boundaries of the premises involved in the application, and to the owners of such other property as in the judgment of the commission might be affected by the establishment of the use requested. The owners shall be determined by reference to the latest assessment roll of the county for the purpose of sending notices.

Within not more than seven (7) days after the filing of the application, notice of the filing thereof shall be given to the Health Officer and Riverside County Livestock Inspector each of whom shall make such investigations as he or she feels necessary and each shall report to the planning commission in writing on or before the date of the public hearing, whether in his or her opinion the commercial hog ranch will or will not be detrimental to the public health, safety and general welfare and may set forth in such report such additional information as he or she feels will be of value in determining the question of granting or denying the permit and the placing of conditions thereon.

Within forty (40) days after the conclusion of the public hearing, the Planning Commission shall file with the City Council, all exhibits, summaries of testimony, copy of applications and such other materials as may have been filed with it during the public hearing or filed as required by law and if the Planning Commission determines that the maintenance of a commercial hog ranch as proposed in the application would not be a detriment to the public health, safety and general welfare, the planning commission in such case shall recommend to the City Council that a permit to conduct a commercial hog ranch be issued. Such permit must state the maximum number of hogs, not to exceed three thousand (3,000) to be permitted upon such ranch at any one time and shall be subject to such further conditions as the commission may determine are necessary and proper under the circumstances. If the commission determines that the maintenance of a commercial hog ranch would be detrimental to the public health, safety and general welfare it shall recommend to the City Council that the application be denied.

A. Within forty (40) days after receiving the recommendation and materials from the planning commission as required in Section 6.50.070, the City Council shall determine whether the proposed use requested in the application for permit together with such conditions as may have been recommended by the commission, will or will not endanger the public health, safety or general welfare, and shall grant such permit as applied for subject to such conditions and restrictions as it shall find to be necessary or shall deny the permit accordingly.

B. The City Council at its option either upon its own motion or upon the request of the applicant, may hear and consider evidence in addition to the report and supporting material from the Planning Commission before granting, denying, revoking, modifying or refusing to revoke any permit, but shall not consider any additional statement, argument or evidence of any kind or nature whatsoever except at a public hearing, notice of the time and place of which shall be given in the same manner as was employed by the Planning Commission in calling the original public hearing on the application.

A. New permit application fee. The fees as set forth in Chapter 3.65, as set by resolution, shall be paid upon the filing of an application for a new commercial hog ranch permit.

B. Inspection fee. The annual inspection fee shall be as set forth in Chapter 3.65 per one hundred (100) hogs or fraction thereof allowed under terms of permit regardless of whether a lesser number of hogs are actually on the premises; provided, however, that if the number of hogs allowable has been reduced pursuant to Section 6.50.100(A), such reduced number shall control the amount of the inspection fee. This fee shall be payable in advance on or before July 1 of each year, except in cases of new permits issued after July 1 of any fiscal year, in which cases the inspection fee shall be prorated for the remaining portion of the year and payable before the new permit shall become effective. Increases in allowable numbers of hogs by amendment procedures are subject to payment of inspection fees without prorating, the same as though such numbers existed as of July 1 next preceding the granting of the amendment. Any late fee as set forth in Chapter 3.65 shall be added to any inspection fee not paid prior to July 15 of the fiscal year for which the fee is charged. Any commercial hog ranch permit for which an inspection fee is not paid prior to September 1 of the fiscal year for which the inspection fee is charged, shall be automatically revoked.

C. Fees to be paid to Planning Department. All fees shall be paid to the Planning Department.

A. At option of permittee. The permittee has the option of changing the number of hogs to be permitted upon his or her commercial hog ranch at any time, providing such number is not in excess of the maximum number of hogs allowable as set in his or her permit as issued by the City Council or as amended by it. A change under this subsection shall be effected, without hearing, by the filing of a written application and the deposit of the requisite fee as established by resolution with the Planning Department. No such change may have a retroactive effect.

B. Upon action of the City Council. An increase in maximum number of hogs allowable can be effected only upon the payment of the requisite fee and compliance with procedures set out herein for a new permit, except that the application may incorporate by reference any and all materials filed by the permittee as a part of his or her original application, or any of his or her subsequent applications, providing the materials to be incorporated appear in the files of the Planning Department or City Council.

Notwithstanding the payment for any prior year of the annual inspection fee set forth in Section 6.50.090, any permit granted pursuant to this chapter shall be automatically revoked if the premises subject to the permit or any amendment thereto are not used for the operation of a commercial hog ranch for any three (3) consecutive fiscal years.

Any person in violation of this chapter is subject to the procedures and penalties set forth in Title 1.