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9.04.040. Agricultural operations; Agricultural lands

            (1)        It shall be the policy of the City to assist in the conservation of natural resources and scenic beauty, and to encourage the development and improvement of agricultural lands within its boundaries, for the production of food and other agricultural products.  The City recognizes the important balance that must be maintained, between interests in agricultural land and other competing land uses.  It shall be the purpose of this Section, to provide, to the extent possible, for the reasonable protection of agricultural uses, specifically those aspects of an agricultural use, that tend to offend the senses, to the extent, the agricultural use is reasonably maintained according to sound agricultural practices, and conforms to federal, state, and local ordinances and regulations.

            (2)        (a)        Agricultural operations that are consistent with sound agricultural practices are presumed to be reasonable and do not constitute a nuisance under Chapter 9.04 of the Layton Municipal Code or a private nuisance unless the agricultural operation has a substantial adverse effect on the public health and safety.

                        (b)        Agricultural operations undertaken in conformity with federal, state, and City laws and regulations, including the City's zoning ordinances, are presumed to be operating within sound agricultural practices.

                        (c)        As used in this Chapter, "agricultural operation" means any facility for the production for commercial purposes of crops, livestock, poultry, livestock products, or poultry products.

            (3)        (a)        For the purpose of this Section, "agricultural lands" shall mean those lands upon which a bona fide agricultural operation exists, or areas of vacant ground consisting of five (5) or more contiguous acres of land.

                        (b)        It shall be unlawful for any person to dump, discharge, or dispose of any materials, including, but not limited to, garbage, refuse, trash, rubbish, hazardous waste, dead animals, sludge, liquid or semi-liquid waste, grasses, stubble, brush, tumble weeds, clippings and cuttings, vegetative waste, litter, filth, or refuse of any nature, kind, or description, and to leave the same upon agricultural land.

                        (c)        Any person who is found guilty of violating this Section shall be guilty of a class B misdemeanor.  Each day such violation is committed or permitted to continue shall constitute a separate violation.

                        (d)        The City Attorney may initiate legal action, civil or criminal, to abate any condition that exists in violation of this Section.

                        (e)        In addition to other penalties imposed by a court of competent jurisdiction, any person found guilty of violating this Section shall be liable for all expenses incurred by the City in removing or abating the nuisance and/or source of filth.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 98-43, Enacted, 6/4/1998
Ord. No. 13-21, Amended, 6/20/2013

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