San Bernardino County Municipal Code Art. 2 Fly Control on Commercial Poultry Ranches and Other Locations

It is the intent of this Article to promote good fly control practices and to provide a system of abatement for all fly breeding sources on commercial poultry ranches and other places within this jurisdiction. Except as provided herein, all authority and provisions of Chapters 1 and 2 of this Environmental Health Code (E.H. Code) shall apply to this Article.

(Ord. 3105, passed - -1986)

In addition to the definitions provided in Chapter 1 of this E.H. Code, the following shall apply to this Article:

COMMERCIAL POULTRY RANCH. Any building, structure, enclosure, or premises where poultry are kept or maintained for the primary purpose of producing poultry, eggs, or meat for sale or other distribution. This term shall not apply to premises where less than 100 chickens are kept.

FLY BREEDING HAZARD. 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 and use of life and property by others.

PUBLIC NUISANCE. Any fly breeding hazard within this jurisdiction.

STANDARDS FOR THE PREVENTION AND CONTROL OF FLY BREEDING ON COMMERCIAL POULTRY RANCHES. Those sections provided in this Article setting forth standards for the construction, operation, and maintenance of commercial poultry ranches.

(Ord. 3105, passed - -1986)

(a) Establishment. There shall be a County-wide Fly Abatement and Appeals Board of the County of San Bernardino, State of California.

(b) Appointment of Members. The Appeals Board shall be composed of five members appointed by the Director of the Department of Environmental Health Services (DEHS) of the County of San Bernardino. Two persons shall he commercial poultry ranchers. One person shall be a graduate of a biological or environmental science, knowledgeable in fly control procedures and not associated with DEHS or any local commercial poultry ranch. Two persons shall represent the community at large. Members of the Board shall be appointed for a term of two years, and shall serve without compensation, reimbursements, or allowances.

(c) Functions. The functions of the Board are as follows:

(1) The Board shall conduct public hearings relating to fly breeding hazards, but shall not take up the subject of denial, suspension, or revocation of any permit.

(2) The Board shall choose a Chairperson and Vice-Chairperson from its own members.

(3) A quorum shall be necessary in order to transact business of the Board.

(4) The Board may, upon evidence presented, recommend methodology for abatement of a violation of this Article.

(5) The Board may issue a recommendation to the Director of DEHS regarding a determination of breeding hazards and issuance of abatement orders.

(6) A majority vote of the Board members present shall be necessary to issue a recommendation.

(7) Administration of abatement orders, notices of violation, citations, and court actions shall be the responsibility of the Director of DEHS.

(d) Recommendation Procedure. The Board shall issue its recommendations to the Director of DEHS in writing within five days of the hearing. Final determination is the responsibility of the Director of DEHS.

(a) Inspection. It is the duty of the Director of DEHS or authorized agent to inspect any premises when there is probable cause to believe that a fly breeding hazard exists. The Director or authorized agent thereof may also routinely inspect commercial poultry ranches and may take photographs, collect samples, or other evidence.

(b) Notice. When the Director or authorized agent determines that a fly breeding hazard exists on any premises, or in addition, pertaining to commercial poultry ranches, that there is a violation of any of the standards listed within this Article or of any other governing laws or rules, a written notice of violation shall be issued to the owner or operator of the premises to correct the violation within a specified period of time. A notice of violation shall allow at least five days to correct the violation(s). Continuing or subsequent violations may result in immediate citation.

(c) Service of Notice or Order. The notice required by this Section shall be served by any or all of the following methods:

(1) Mail to the owner as shown on the tax rolls;

(2) By personal service;

(3) By posting the property.

(d) Citation. If the owner or operator fails to correct the violation within the specified period of time indicated on a written notice of violation, the Director or designated agent may proceed with an action in court to enforce the provisions of this Article.

(e) Repeated Violations. If the Director or designated agent has served upon the owner or operator two or more written notices of violation within the previous 12-month period, at the time of service of the current notice of violation, a written notice of a right to a hearing before the Fly Abatement and Appeals Board shall also be served.

(f) Remedies. The Director or designated agent may use any other remedy provided by law for the abatement of a nuisance in addition to any remedy provided in this Article.

(Ord. 3105, passed - -1986)

Any commercial poultry ranch receiving a written notice of violation may request a public hearing before the Fly Abatement Appeals Board. The request shall be in writing addressed to the Director of DEHS within five days of issuance of a Notice of Violation. The hearing shall be scheduled within ten days of the written request. At the hearing, the commercial poultry ranch operator may advise the Appeals Board of any compliance problems and the Appeals Board may advise the operator of procedures which would provide abatement. The Appeals Board shall inform the Director of DEHS of the proceedings of this informal hearing. Final determination shall be the responsibility of the Director of DEHS.

(Ord. 3105, passed - -1986)

In addition to the requirements of Chapter 2 of this E.H. Code, every owner or operator of a commercial poultry ranch shall possess an unexpired, unsuspended, unrevoked permit from DEHS to engage in the business of operating or managing a poultry ranch. The appropriate fee shall be submitted with each application in the amounts set forth in the San Bernardino County Code Schedule of Fees. An operator of several separate commercial poultry ranches shall obtain a separate valid permit for each ranch operation. Permits shall not be transferable and may be denied, suspended, or revoked. Upon notification by the Director of DEHS or authorized agent of intent to deny, suspend, or revoke a permit, the permittee may request a hearing as provided in Chapter 2 of this E.H. Code. The grounds for denial, suspension, or revocation shall be the existence of a fly breeding hazard on the applicable property of such a nature that imminent abatement is not foreseeable, or noncompliance with the other requirements of this Article as to the use of facilities and equipment.

(Ord. 3105, passed - -1986)

(a) The following information shall be submitted to DEHS in connection with all existing caged poultry operations:

(1) Owner, operator, firms and/or corporation name and address;

(2) Construction details of existing operational systems (cages, floors, water, feeds, waste-water disposal, house space, cooling and ventilating systems);

(3) Density of birds for existing operation; and

(4) Statements describing existing method of manure management and dead bird disposal.

(b) Plans for new construction shall be submitted to DEHS and the planning and/or land management departments of this jurisdiction for approval and DEHS development permit prior to construction with appropriate fees as set forth in the San Bernardino County Code Schedule of Fees and shall include:

(1) A plot plan drawn to scale;

(2) The owner, operator, firm, and/or corporation name and address;

(3) Location of proposed construction and type of existing buildings;

(4) Prevailing wind directions;

(5) Location of access roads and servicing areas;

(6) Human and animal population densities of adjoining areas; and

(7) Construction details of proposed and existing operational systems (cages, floors, watering, feeds, waste-water disposal, house spacing, cooling ventilating systems).

(Ord. 3105, passed - -1986)

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/or sealed with a tarpaulin or otherwise properly covered and secured to prevent spillages when operating on public roadways, in accordance with the California Vehicle Code. Trucks and other equipment containing manure or dead birds shall not be parked within a residential neighborhood area for longer than 24 hours and not within 500 feet of a neighboring residential or commercial building.

(Ord. 3105, passed - -1986)

(a) Fly bait stations, when required by DEHS and approved by DEHS, 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 DEHS.

(b) The standards herein shall be interpreted to promote good fly control practices in accordance with recognized biological control practices to reduce the possibility of fly breeding. However, they do not preclude the use of pesticides when necessary or other good fly control practices as approved by DEHS. Additionally, DEHS may require any reasonable action necessary to insure fly control and to prevent a public nuisance.

(Ord. 3105, passed - -1986)

The following standards herein shall be utilized to promote good fly control practices in accordance with recognized Integrated Pest Management techniques. These shall include physical, biological, and chemical control methods such as those currently recommended in the bulletin “Integrated Management of Pest Flies on Poultry Ranches,” published by the University of California Division of Agricultural Sciences or as set forth in equivalent publications.

(a) Construction and Maintenance.

(1) 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.

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

(3) All waste water shall be disposed of by using a subsurface drainage system or other method that will not result in a nuisance.

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

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

(6) Any person or entity proposing to construct or reconstruct a commercial poultry ranch or any building, structure, or enclosure on a commercial poultry ranch shall follow the current guidelines as provided by the University of California Cooperative Extension, or other industry-wide acceptable standards.

(b) Fly Control Through Manure Management.

(1) Drying and Coning Operation. If the commercial poultry ranch owner or operator employs the drying and coning operation method of manure management, the following shall be complied with:

(A) The process shall begin on dry ground 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, broken up fresh droppings shall be stirred or otherwise mixed with the dry pad until a satisfactorily dry condition is attained.

(B) Any system used for watering the poultry shall be maintained so as to prevent water from reaching the manure. System leaks shall be promptly repaired so as not to disrupt the effectiveness of the drying method. When necessary, the watering system shall be changed or upgraded to eliminate future leaks.

(C) 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.

(D) 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 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 it with at least a six to eight inch pad of dry manure from some other source.

(2) Frequent Manure Removal Operation. If the commercial poultry ranch owner or operator employs the frequent manure removal operation method of manure management, the following procedures shall be complied with:

(A) Manure shall be removed frequently enough from under poultry cages to prevent fly larval migration and adult emergence.

(B) Each time manure is removed from under the poultry cages, larvae and pupae shall also be removed in the fringe areas.

(C) Aisles and borders of the poultry houses shall be cleaned of feathers and other debris frequently to eliminate pupation areas for fly larvae.

(c) Manure Disposal.

(1) Raw manure shall not be stockpiled or stored on the ranch premises for more than 15 days.

(2) Any manure removed from under the poultry cages or the premises by any person, shall be processed and/or disposed of in a manner that will not create a fly nuisance.

(3) 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 of DEHS. Obtaining the Director’s approval shall be the responsibility of the operator. Manure shall be:

(A) 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.

(B) Spread thinly and dried and/or disced under in a manner that will not create a fly problem.

(C) Incorporated into an effective decomposition or drying operation so that any larvae or pupae in the manure cannot advance in the life cycle, and such operation be so conducted that dusts, odors, and nuisances to adjacent properties do not occur.

(d) Fly Control of Other Sources on Commercial Poultry Ranches.

(1) Dead Poultry Disposal. Dead poultry shall be removed from the cages at least once a day and immediately disposed of by one of the following methods:

(A) Placed in a fly-tight container or structure for proper off-site removal and removed from the premises at least weekly. Containers shall be kept clean to prevent fly breeding.

(B) Placed in a disposal pit of approved construction similar to that shown in current University of California Cooperative Extension publication, “How to Dispose of Dead Birds,” or as stated in equivalent publications.

(2) Waste Egg Disposal. Waste eggs shall be disposed of by one of the following methods:

(A) Placed daily in the dead bird disposal;

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

(3) Feed Management.

(A) Feed storage area shall be kept dry.

(B) Spilled feed from feed troughs shall be immediately removed.

(e) General Ranch Operation.

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

(2) Whenever necessary, the fly population on the ranch shall be chemically controlled to prevent nuisances. Larviciding shall be kept at a minimum. Appropriate adulticides, including both sprays and baits, may be used to control adult fly populations.

(3) Dropping boards or wires may be used in speeding the drying process and to reduce the expense of pesticides. Excessive accumulations of manure on dropping boards or wires to prevent fly breeding shall be cleaned frequently.

(Ord. 3105, passed - -1986)

It shall be unlawful for any person or entity to violate any provision of this Article. Except as provided herein, all remedies and penalties of Chapters 1 and 2 of this E.H. Code shall apply to this Article, and are in addition to all others provided by law.

§§ 33.0922—0930 (Reserved).