HomeMy WebLinkAbout40551
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Ordinance No. 4055
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING,
AND ADDING TO, ARTICLE IV, ENTITLED "RECORDS OF OWNERSHIP
OF NUT CROPS," OF CHAPTER 23, ENTITLED "TREES AND SHRUBS," OF
THE BUTTE COUNTY CODE RELATING TO THE THEFT OF NUT CROPS
The Board of Supervisors of the County of Butte ordains as
(follows:
SECTION 1. Section 23-11 of the Butte County Code is hereby
lamended to read as follows:
23-11 Purpose and Intent.
In Chapter 8 of Part 1 of Division 1 of the Food and
Agriculture Code, commencing with Section 851, the Legislature
established minimal requirements concerning Agriculture Theft
Prevention. This article is adopted pursuant to Article I,
Section 1, of the Butte County Charter, Article XI, Section 7 of
the California Constitution, which authorizes the County to
exercise the police power of the State by adopting regulations
promoting the public health, public safety, and the general
welfare of its citizens, and Food and Agriculture Code Section
866. In this article, Butte County establishes additional
requirements regarding the transportation and identification of
nut crops, including establishing a walnut buying period. It is
the purpose and intent of this article to establish a means of
verifying ownership of specified agricultural commodities in
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order to prevent and deter theft of these commodities and to
provide a means for local enforcement of laws and regulations
pertaining to the purchase and sale of these commodities.
SECTION 2
Section 23-12 of the Butte County Code is hereby
amended to read as follows:
23-12 Definitions.
Except where the context otherwise requires, the
following definitions shall govern the construction of this
chapter:
(1) "Agricultural commissioner" means the agricultural
commissioner of Butte County and designated representatives.
(2) "Agricultural commodities" or "commodity" means any
nut crop of any quantity.
(3) "Buyer" means an individual or entity engaged in the
(purchase of an agricultural commodity, and who is licensed to
engage in such business by the state.
(4) "Gleaning" means the process through which nuts
remaining on the ground following the grower's completion of the
harvest are gathered with the permission of a grower and with
proof of ownership.
(S) "Grower" means the person who has personally, or
',through the employment of others, grown and harvested an
agricultural commodity.
(6) "Non-processing walnut buying operation" means a
buyer of walnuts that have not been dried or processed who does
not have on-site processing.
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(7) ~~Person~~ means any individual, firm, partnership,
joint venture, corporation or other entity possessing, buying,
transporting or selling an agricultural commodity as a principal
or as an agent of another.
(8) "Proof of ownership" means:
(a) If the possessor of the agricultural commodity
is the grower of the commodity, proof that the commodity was
grown by that grower. Proof of ownership in this context shall
mean documents or information sufficient to verify that the
possessor is the grower of the commodity.
(b) If the possessor of the agricultural commodity
is other than the grower of the commodity, a completed proof of
ownership certificate in a form approved by the agricultural
commissioner, or the requisite information set out in any
alternative written form acceptable to the agricultural
commissioner. Any form utilized for this purpose shall be
signed by the possessor of the agricultural commodity and signed
by the person who sold the agricultural commodity to the person
in possession.
(9) ~~Seller" means a person who sells or attempts to
sell an agricultural commodity to a buyer or other person.
(10)"Walnut Buying Period" means the declared conclusion
Hof harvest of the Chandler variety of walnuts by the
agricultural commissioner, after consultation with a committee
of walnut growers, whereupon non-processing walnut buying
operations within the boundaries of Butte County may purchase
and receive shipments of walnuts that have not been dried or
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processed. Such period shall be proclaimed seventy-two (72)
hours in advance by press release and shall last until walnut
trees bear nuts in the subsequent season.
SECTION 3. Section 23-13 of the Butte County Code is hereby
amended to read as follows:
23-13 Proof of Ownership Certificate.
The proof of ownership certificate, or any alternative
written proof of ownership form found to be acceptable to the
agricultural commissioner, shall contain the following
information:
(1) Name, address, telephone number, and signature of
Ithe seller.
(2) Name, address, telephone number, and signature of
the buyer.
(3) The vehicle license plate number of the seller.
(4) The driver's license number of the seller.
(5) The weight of the agricultural commodity purchased.
(6) The date and time of the transaction.
(7) The variety and condition of the agricultural
commodity.
(8) Specific identification of the source of the
commodity being sold. This shall mean, if the seller is the
grower of the commodity, the address at which the commodity was
grown. This shall mean, if the seller is not the grower of the
commodity, the name and address and phone number of the person
from whom that seller obtained the commodity, and if known, the
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address where the commodity was grown.
It is the responsibility of a buyer to obtain the
(requisite information to permit completion of the proof of
ownership certificate or alternative form. The proof of
ownership certificate or alternative form shall not be valid
unless signed by both the person in possession of the commodity
and by the person from whom the possessor obtained the
commodity.
SECTION 4. Section 23-14 of the Butte County Code is hereby
amended to read as follows:
23-14 Same - Inspection, presentation and retention.
(a) The proof of ownership certificate or alternative form
shall be retained with the agricultural commodity to which it
pertains while the commodity is in any person's possession,
while being transported and until sold.
(b) Upon probable cause to believe that any agricultural
commodity is in the unlawful possession of any person, any
agricultural commissioner, or his or her designee, and any peace
officer may inspect the commodity and request that proof of
ownership be provided. The possessor of the commodity shall
permit inspection of the commodity and of corresponding proof of
ownership certificate or alternative form. If the possessor is
a grower, the grower shall provide information sufficient to
verify that status. Upon reasonable notice, a copy of the proof
of ownership certificate or alternative form shall be provided.
(c) To facilitate inspection by the agricultural
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commissioner, or his or her designee, the buyer shall purchase
and keep the commodity at a place of business in compliance with
the county building and planning/zoning ordinances, until
transported for resale or other handling.
(d) Following any sale of the agricultural commodity by the
buyer, the proof of ownership certificate or alternative form
shall be retained by the buyer for a period of two (2) years
from the date of such sale. Buyers shall also retain any
records pertaining to the resale of agricultural commodities to
which the proof of ownership certificate or alternative form
pertains, for a period of two (2) years.
(SECTION 5
Section 23-20 of the Butte County Code is hereby
lamended to read as follows:
23-20 Exemptions.
This article shall not apply to the following:
(1) Commodities transported directly by a grower or
lagent from the farm or ranch where they are grown to a
commercial packing plant within this state for processing or
packing.
(2) Commodities in possession of any person as a result
of gleaning undertaken with the permission of the grower and
with proof of ownership.
(3) Commodities transported and accompanied by a valid
permit, disposal order, or certificate issued by the
agricultural commissioner for any reason other than to comply
with this article.
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Notwithstanding the exemption provided in subsections
(1) and (2) above, the agricultural commissioner, or his or her
designee, and any peace officer may inspect any agricultural
commodity as provided in this article and may require that
information be provided sufficient to permit verification that
the exemption applies in the circumstances presented.
SECTION 6. Section 23-22 is hereby added to the Butte County
Code to read as follows:
23-22 Civil Penalties.
Pursuant to Food and Agriculture Code Section 885,
rather than pursuing a civil prosecution, the agricultural
commissioner may levy a civil penalty against any person
violating the provisions of this article. The civil penalty fore
each violation shall be, for a first violation, a fine of not
more than five hundred dollars ($500). For a second or
subsequent violation, the fine shall be not less than one
hundred dollars ($100), nor more than one thousand dollars
($1,000). Before a civil penalty is levied, the person charged
with the violation shall receive notice of the nature of the
violation and shall be given an opportunity to be heard. This
shall include the right to review the evidence and a right to
present evidence on his or her own behalf. Subdivision (e) of
Food and Agriculture Code Section 43003 shall apply to any fine
levied pursuant to this section.
SECTION 7. Section 23-23 is hereby added to the Butte County
Code to read as follows:
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Transportation or Sale of Walnuts to Non-processing
123-23
Walnut Buying Operations Outside o£ the Walnut Buying Period is
Prohibited.
Walnuts that have not been dried or processed shall not
be transported to, sold to, or received by, a non-processing
walnut buying operation within the boundaries of Butte County
outside of the Walnut Buying Period, as established by the
agricultural commissioner.
Section 8
Severability.
If any provision of this Ordinance or the application
(thereof to any person or circumstances is for any reason held to
be invalid by a court of competent jurisdiction, such provision
shall be deemed severable, and the invalidity thereof shall not
affect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid
provision or application thereof.
Section 9
Effective Date and Publication.
This Ordinance shall take effect thirty (30) days after
the date of its passage. The Clerk of the Board of Supervisors
is authorized and directed to publish this ordinance before the
expiration of fifteen (15) days after its passage. This
Ordinance shall be published once, with the names of the members
of the Board of Supervisors voting for and against it, in the
Chico Enterprise Record, a newspaper of general circulation
published in the County of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 7th day of May, 2013, by the
following vote:
AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
~6Jt~-
Bill Connelly, Chair of the
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Chief Administra ive Officer
and Clerk of the Board
By
ty
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