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The terms as used in this chapter or in any resolution or standard adopted by the City Council pursuant to this chapter shall have the following meanings:
"Application site" means any parcel of real property within the city limits of the City of Murrieta which accepts or is subject to the application or land storage of unbagged manure.
"Land owner" means any person, firm, company, business, city, county, district, special district including a water district, sole proprietorship, partnership, joint venture, trust, association, limited liability corporation or corporation whether for profit or nonprofit that owns, leases, occupies, is authorized by the property owner to conduct farming activities or otherwise controls real property within the city limits of the City of Murrieta.
"Manure" means any bulk, unbagged substances composed primarily of animal excrement (excluding human excrement).
"Manure applier" means any person, business or entity which causes the application or storage of manure on any application site.
"Manure generator" means any person that owns or otherwise controls the agricultural livestock that produce manure.
"Manure transporter" means any person or entity that transports, in a vehicle with a capacity in excess of one ton, manure from the generation site to the application site.
(Ord. 401 § 1, 2007)
A. No manure transporter, manure applier or land owner, including any tenant or occupant shall transport, apply or allow the application, disposal or land storage of manure on any real property located within the city limits of the City of Murrieta.
B. No land owner, including any tenant or occupant, shall accept manure or knowingly allow manure to be deposited on land owned or controlled by him or her within the city limits of the City of Murrieta for the purposes of disposal, land application or storage.
(Ord. 401 § 1, 2007)
Agricultural sites which qualify for immunity from enforcement of this chapter under California Civil Code section 3482.5(a)(1) as of September 4, 2007 are exempt from the prohibitions on Section 8.40.200, subject to the following standards:
A. Standards for Manure Use.
1. Manure shall not be transported or applied to sites located less than ¼ mile from a public school on days when that school is in session.
2. Manure shall not be applied within 100 feet of any well.
3. Manure shall be spread evenly across the entire site.
4. Upon application, manure shall be promptly incorporated into the soil by discing or other suitable tillage within the timelines set out below. Incorporation shall be continuous until completed. Manure incorporation shall be thorough to a depth of no less than six inches, including residues in staging areas and shall be the responsibility of the land owner. Manure shall be incorporated when applied:
a) Within ¼ mile of school before school is back in session.
b) At all other sites of less than 20 acres within 48 hours of delivery.
c) For sites of 20 acres or more, manure incorporation shall commence no less than seven days after the first delivery of manure and shall be completed within seven days of the final delivery to the site unless otherwise authorized by the Commissioner.
5. Manure shall not be applied in windy or wet conditions, or other conditions which would inhibit effective incorporation into the soil.
B. Transporter Standards. Vehicles used by the transporter shall be required to meet the following requirements of this section at any time manure is being transported within the areas covered by this chapter.
1. Vehicles used for manure transportation shall be designed, constructed and maintained to eliminate the potential for spillage and shall have suitable load covers.
2. Vehicle shall have a current vehicle registration by the State of California and liability coverage as required by State Law.
(Ord. 401 § 1, 2007)
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