Tracy Municipal Code Art. 1 General Provisions

The City declares that it is the policy and intent of the City and this chapter to declare a statement of policy to preserve and protect existing agricultural operations consistent with Land Use Policy 8.5 of the Tracy Urban Management Plan/General Plan 1993, within the incorporated City.

(Prior code § 10-7.101)

For the purpose of this chapter the following specific words and terms shall have the following meaning. Other words and terms not specifically defined shall be defined in accordance with the City Zoning Regulations:

(a) "Agricultural activity, operation or facility" (herein collectively referred to as "agricultural operations") shall mean, but not be limited to, cultivation and tillage of soil (including typical fallow periods), the production, irrigation, cultivation, growing, harvesting, processing and storing of any agricultural commodity, including viticulture, horticulture, agriculture, the raising of livestock, dairying, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers or transport to market.

(b) "Agricultural land" shall mean all real property within the incorporated City boundaries currently used for agricultural operations, or annexed as an agricultural operations.

(c) "Director" shall mean the Community Development Director for the City or his or her designated representative.

(d) "Land use" shall mean the exiting use of property.

(e) "Nuisance" shall have the meaning ascribed to that term in California Civil Code Section 3479. California Civil Code 3479 reads, in part, as follows: "Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the use of property, so as to interfere with the comfortable enjoyment of life or property......is a nuisance".

(f) "Tracy planning area" shall mean the real property defined as the project in the adopted Tracy Urban Management Plan/General Plan.

(g) "Urban management plan/general plan" shall mean the Urban Management Plan/General Plan 1993, and any amendments thereto.

(Prior code § 10-7.102)

Nothing in this chapter shall be deemed to affect, annul or abrogate any other laws or ordinances pertaining or applicable to the properties and areas affected by this chapter which are inconsistent with the provisions of this chapter, nor shall it be deemed to conflict with any State laws, orders or requirements affecting such properties or areas.

(Prior code § 10-7.103)

If any section, subsection, sentence, clause, phrase or portion of these standards are for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and an independent provision and such division shall not affect the validity of the remaining portions thereof. The City Council hereby declares that it would have passed these standards, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any section of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional.

(Prior code § 10-7.104)

Any violation of the requirements of this chapter shall be handled as a civil matter between the parties affected and shall not be a misdemeanor or infraction.

(Prior code § 10-7.105)