As urban development occurs within the city, residential, commercial and industrial land uses will locate adjacent to pre-existing animal keeping and other agricultural activities. As a result, animal keeping and agricultural operations may become the subject of nuisance complaints or litigation, and could be pressured to cease or decrease operations, or may be discouraged from making farm improvements.

To conserve and protect the continued viability of both animal keeping and agricultural operations, it is the intention of the city to limit the circumstances under which animal keeping or agricultural operations may be deemed to constitute a nuisance. The intent is to balance the rights of residents to keep animals and farmers to produce dairy products, food and other agricultural commodities, with the rights of non-farmers who own, occupy or use land adjacent to animal keeping and agricultural properties.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. No. 2023-005, § 1, 2023.)

The right-to-farm policy contained herein shall apply to all legal animal keeping and agricultural operations within the city, and all other animal keeping and agricultural operations legally established in the county at the time the property was annexed to the City of Chino. These properties are expected to continue animal keeping and agriculture uses until they transition fully to their underlying residential zoning designation.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. No. 2023-005, § 1, 2023.)

A.

No animal keeping or agricultural operations conducted or maintained in a manner consistent with proper and accepted customs and standards, as established and followed by similar animal keeping or agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality if the animal keeping or agricultural operation was existing at the time of annexation or thereafter legally expanded, and if it was not a nuisance at the time it began.

B.

Purchasers of lots near or adjacent to animal keeping or agricultural uses shall be notified of all surrounding agricultural activities including the types of animals and agricultural activities, and their potential conflicts such as odors, noise, dust, pesticide abatement, etc. If the developer is the purchaser of the property, this notice shall be extended to subsequent owners.

C.

Any dispute or controversy that arises regarding any inconveniences or discomforts occasioned by animal keeping or agricultural or agricultural processing operations or facilities should be settled by direct negotiation of the parties involved. Any such dispute or controversy that cannot be settled by direct negotiation of the parties involved should be submitted to a private mediator, a community mediation service, or another agency which provides dispute resolution services prior to the filing of any court action. Any costs associated with negotiation, mediation or dispute resolution pursuant to this section shall be borne by the parties.

D.

This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the State of California, if the agricultural operation constitutes a nuisance, public or private, as specifically defined or described in any such provision.

E.

This section is not to be construed so as to modify or abridge the state law set out in the California Civil Code relative to nuisances, but rather it is only to be utilized in the interpretation and enforcement of the provisions of city ordinances and regulations.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. No. 2023-005, § 1, 2023.)