8.16.080   Commercial poultry ranches—Public nuisance.
Commercial poultry ranches that operate without an approved manure management plan are hereby declared to constitute a public nuisance and shall cease operations, subject to the following:
A.   Abatement of premises declared a public nuisance by this section shall be subject to the following:
Owners, operators and/or proprietors of commercial poultry ranches may demonstrate voluntary abatement of the public nuisance by providing documentation of the following actions, provided in writing to the director of community development:
1.   All ranch operations shall at all times be conducted in accordance with the requirements of an approved Manure Management Plan. Said Manure Management Plan shall be prepared in accordance with the standardized format contained in Exhibit “A” attached to Ordinance No. 347 and incorporated herein by this reference, and it shall substantially address all of the items contained in the “Guidelines to Manure Management Plans” contained in Exhibit “B” attached to Ordinance No. 347 and incorporated herein by this reference. Each Manure Management Plan shall be submitted to the County Vector Control Program before December 1st of each year for review and approval no later than December 31st of each year with a copy submitted to the city of Yucaipa. All ranch operations shall employ the frequent cleanout method of manure management unless the city of Yucaipa and County Vector Control Program approve an equally effective method that also minimizes fly breeding hazards and excessive odors such as a cage free (ground operation) method except that the coning and drying method of manure management shall be prohibited.
2.   Each Manure Management Plan shall be specifically tailored to minimize fly breeding hazards and excessive odors, and it shall include, but not be limited to, all of the following mandatory requirements, or appropriate alternatives, if it can be clearly demonstrated that such alternative measures will be equally effective in controlling excessive fly breeding and odors:
a.   Ranch operations employing the frequent cleanout method of manure management shall remove manure from under poultry cages at least every seventy-two (72) hours (not including federal holidays) or more frequently if necessary to prevent larvae and pupae from completing their life cycles and emerging as adult flies. Whenever manure is removed from underneath poultry cages, larvae and pupae shall also be removed from the aisle and adjacent areas. The aisles and adjacent areas of the poultry housing shall be cleaned of feathers and other debris at intervals specified in the approved proposal to prevent larvae and pupae from completing their life cycles and emerging as adult flies. Manure removed from a ranch shall be managed and disposed of in a manner that will not cause a threat to the public health and safety from fly breeding at any other location.
b.   The on-site storage of poultry manure (raw or processed) shall not exceed three days, and “thin-spreading” of raw poultry manure shall be prohibited. The manure will be removed from the subject property on an as-needed basis as it is expelled from the poultry houses and immediately transported to an authorized location other than the poultry ranch. In no case shall on-site storage of poultry manure (raw or processed) exceed seventy-two (72) hours (not including federal holidays) from the time the manure was produced and not from cleanouts that may occur pursuant to subdivision (2)(a).
c.   Operable spray equipment shall be maintained on each ranch at all times, in addition to a minimum number of mechanical bait stations. The numbers and types of bait stations shall be determined by the County Vector Control Program.
d.   An aggressive program to establish viable populations of “beneficial” organisms within any breeding place for flies. Said program should be developed in conjunction with the recommendations of the University of California Agricultural Extension, and it shall employ predatory organisms in sufficient numbers as to be readily apparent during all routine inspections.
e.   Emergency manure management procedures to be implemented when excessive fly breeding has not been brought under control within the initial two-day notice of violation period.
f.   A ranch capital improvement program which addresses technical and physical upgrades to each ranch in a five-year time frame that will reduce fly breeding hazards and excessive odors.
B.   All poultry ranch operations shall employ the following standards for control of other fly breeding sources:
1.   Dead poultry shall be removed from poultry houses at least every two days (not including federal holidays) and immediately disposed of by one of the following methods, unless otherwise approved by the County Vector Control Program and specified in the approved annual Manure Management Plan:
a.   Placed in a fly-tight container or structure for the proper off-site removal. Containers and structures shall be kept clean to prevent fly breeding. Dead poultry shall be removed from the ranch at least every two days (not including federal holidays).
b.   Placed in a fly-tight dead poultry disposal pit.
2.   Waste eggs shall be disposed of by one of the following methods, unless otherwise approved by the County Vector Control Program and specified in the approved annual proposal:
a.   Placed daily in a fly-tight dead poultry disposal pit.
b.   Placed in a fly-tight container or structure and removed from the ranch at least every two days (not including federal holidays).
In no event shall waste eggs be disposed of in manure underneath a poultry cage.
3.   Spoiled, unused, and spilled feed shall be managed by one the following methods, unless otherwise approved by the County Vector Control Program and specified in the approved annual proposal:
a.   Keeping feed storage areas dry.
b.   Frequently removing and properly disposing of spoiled, unused and spilled feed.
4.   Spent hens shall be disposed of by one of the following methods, unless otherwise approved by the County Vector Control Program and specified in the approved annual proposal:
a.   Picked up by a rendering company.
b.   Sold for any legal use.
C.   In addition to any and all violations of the County Health Code, a violation of any of the provisions of this section, or any condition of a use permit or license issued pursuant to this section, or any condition caused or permitted to exist in violation of any of the provisions of this section is deemed and declared to be a public nuisance and may be abated as such by the city. (Ord. 347 § 1, 2016; Ord. 216 § 3, 2002; Ord. 148 § 3(B), 1996; Ord. 114 § 8, 1996)