§ 16.40.005. Purpose.  


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  • A.

    The purpose of this Chapter is to promote the long-term protection, conservation, and enhancement of productive and potentially productive agricultural land and to minimize potential conflict between agricultural and non-agricultural land uses within the County. Where non-agricultural land uses, especially residential development, extend into agricultural lands or are located in the vicinity of agricultural lands, agricultural operations may be subject to nuisance complaints which may be the result of lack of information about such operations. Such complaints may cause the curtailment of agricultural operations and discourage investment for the improvement of agricultural land to the detriment of the economic viability of the agricultural industry of the County. The intent of this Chapter is to accord increased protection from nuisance claims to agricultural operations that are conducted in accord with all applicable laws and regulations and consistent with proper and accepted customs and practices. By increasing the protection of agricultural operations from nuisance claims, the provisions of this Chapter are intended to promote the long-term protection, conservation and enhancement of productive and potentially productive agricultural lands of Monterey County.

    B.

    An additional purpose of this Chapter is to promote a good neighbor policy by increasing the awareness of property owners located near agricultural operations, potential purchasers of real property located near agricultural operations, residents of the County, and the general public of the potential conditions that result from accepted agricultural practices in Monterey County and of the potential inconveniences or discomforts associated with living in and/or visiting a county with a strong rural character and healthy agricultural sector and with related "right to farm" protections, so long as the agricultural operations are conducted in a manner consistent with proper and accepted customs and standards. These potential inconveniences or discomforts may include, but are not limited to, noises, odors, lights, reflective surfaces, fumes, insects, dust, chemicals, smoke, the operation of machinery (including aircraft), agricultural truck traffic, crop rotation, and impacts associated with the presence of a large labor force. Informing the populace about the importance of agriculture to the economy and lifestyle of Monterey County and the nature of agricultural operations is critical to public support for continued agricultural operations.

    C.

    This Chapter also establishes a voluntary dispute resolution process that is less formal and less expensive than court proceedings, with the goal of resolving complaints about agricultural operations without litigation.

(Ord. No. 5248, § 3, 10-28-2014)