San Joaquin County Municipal Code Ch. 2 Cultivation and Harvesting of Crops

(a) The Board of Supervisors hereby finds and determines that there exists in the County a condition that injuriously effects the health, welfare, and property of the residents of the County in that organic dust particles originating from soil composed principally of organic matters such as delta peat soil, as hereinafter defined, contaminate the air and that this condition is at its worst during times when a wind, whose general course of direction is from that sector of the compass bounded from north to southwest, is blowing over delta peat soil.

(b) The Board of Supervisors further finds and determines that the cultivating, including ridging, of delta peat soil and the harvesting of crops growing on delta peat soil, during times when a wind whose general course of direction is from that sector of the compass bounded from north to southwest is blowing over delta peat soil, contributes to the contamination of the air with organic dust particles.

(c) The Board of Supervisors further finds that much delta peat soil is lost as a result of wind erosion, and this chapter is therefore adopted as a soil conservation measure.

(Ord. 776 and 777)

As used in this chapter, delta peat soil is hereby defined as that soil which contains not less than thirty-five per cent (35%) by weight of organic matter as determined by the "loss on ignition" method as set forth in "Official Methods of Analysis of the Association of Official Agricultural Chemists", Seventh Edition, 1950, published by the Association of Official Agricultural Chemists, P.O. Box 540, Benjamin Franklin Station, Washington 4, D.C.

(Ord. 776 and 777)

(a) No person owning or having the possession, use, or occupation or his agent, servant, employee, manager, superintendent, foreman, or officer shall cultivate or ridge, or permit the cultivating or ridging of, any delta peat soil during times when a wind whose general course of direction is from that sector of the compass bounded from north to southwest is blowing over any portion of his land, field, or fields, any portion of which contains delta peat soil, at a velocity of fifteen (15) miles per hour or more and causing the soil or dust particles thereof to rise from said land, field, or fields, or portions thereof.

(b) No person owning or having the possession, use, or occupation, or his agent, servant, employee, manager, superintendent, foreman, or officer shall harvest or permit the harvesting of any crop growing on delta peat soil during times when a wind whose general course of direction is from that sector of the compass bounded from north to southwest is blowing over any portion of his land, field, or fields, any portion of which contains delta peat soil, at a velocity of twenty-two (22) miles per hour or more and causing the soil or dust particles thereof to rise from said land, field, or fields, or portions thereof.

(Ord. 776 and 777)

The determination of the velocity of wind for the purposes of Section S-1202 shall be made as follows:

(a) Wind velocity shall be measured from a height of approximately five (5) to six (6) feet from the ground, closer to five (5) feet where the ground is relatively level, and to be measured closer to six (6) feet where the ground is either irregular or ridged.

(b) Wind velocity shall be determined by the average velocity of said wind over any fifteen (15) minute or longer interval of time.

(Ord. 776 and 777)

Any land, field, or fields, or any portion thereof, within the County, and falling within the geographical boundaries as set forth in that certain soil map entitled "Soil Map Sacramento-San Joaquin Delta Area of California", made by the United States Department of Agriculture, Bureau of Chemistry and Soils, Henry G. Knight, Chief, Soil Survey Division, Charles E. Kellogg, Chief, and the University of California, Agricultural Experiment Station, C. B. Hutchison, Director, Charles P. Shaw, in charge of soil survey; Macy H. Lapham, Inspector, District 5; Soils surveyed by Stanley W. Cosby, University of California, Base Map from U.S. Geological Survey sheets and Department of Commerce Topographic Maps; Field Operations Bureau of Chemistry and Soils 1935, which said map is a part of that certain publication entitled "Soil Survey of the Sacramento-San Joaquin Delta Area, California" by Stanley W. Cosby, University of California, being Series 1935, No. 21, issued July, 1941, by United States Department of Agriculture, Bureau of Plant Industry, in cooperation with the University of California Agricultural Experiment Station (a copy of which publication is on file with the Clerk of the Board of Supervisors), the soils of which are shown on said map by legend or shading to be classified as organic soils shall be presumed to consist of delta peat soil as defined in section 5-1201. This presumption shall be rebuttable.

Any land, field, or fields not designated on said map which consist of delta peat soil as defined in section 5-1201 shall nevertheless be subject to the provisions of this chapter.

(Ord. 776 and 777)

For the purpose of making information as to wind velocity and direction available to any person or persons, there is hereby established a weather station to be located in an appropriate place within the County.

(Ord. 776)