HomeMy WebLinkAbout4086 1 Ordinance No. 4086
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3 AN ORDINANCE OF THE COUNTY OF BUTTE
4 AMENDING ARTICLE IV, ENTITLED "RECORDS OF OWNERSHIP
5 OF NUT CROPS, " OF CHAPTER 23, ENTITLED "TREES AND SHRUBS, " OF
6 THE BUTTE COUNTY CODE RELATING TO THE THEFT OF NUT CROPS
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8 The Board of Supervisors of the County of Butte ordains as
9 follows :
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11 SECTION 1 . Section 23-12 of the Butte County Code is hereby
12 amended to read as follows :
13 23-12 Definitions .
14 Except where the context otherwise requires, the
15 following definitions shall govern the construction of this
16 article. The definition of a word or phrase applies to any of
17 that word' s or phrase' s variants:
18 (1) "Agricultural commissioner" means the agricultural
19 commissioner of Butte County and designated representatives .
20 (2) "Agricultural commodities" or "commodity" means any
21 nut crop of any quantity.
22 (3) "Buyer" means an individual or entity engaged in the
23 purchase of an agricultural commodity, and who is licensed to
24 engage in such business by the state .
25 (4 ) "Gleaning" means the process through which nuts
26 remaining on the ground following the grower' s completion of the
27 harvest are gathered with the permission of a grower and with a
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1 Gleaner Certificate .
2 (5) "Grower" means the person who has personally, or
3 through the employment of others, grown and harvested an
4 agricultural commodity.
5 (6) "Non-processing walnut buying operation" means a
6 buyer of walnuts that have not been dried or processed who does
7 not have a building permit, a permanent foundation, and a
8 permanent form of processing that is on-site, in place, and
9 functioning, or that is not located in a zone that allows
10 agricultural processing as defined by the Butte County Zoning
11 Ordinance .
12 (7) "Person" means any individual, firm, partnership,
13 joint venture, corporation or other entity possessing, buying,
14 transporting or selling an agricultural commodity as a principal
15 or as an agent of another.
16 (8) "Proof of ownership" means :
17 (a) If the possessor of the agricultural commodity
18 is the grower of the commodity, proof that the commodity was
19 grown by that grower. Proof of ownership in this context shall
20 mean the grower has one of the following: a valid Restricted
21 Materials Permit, an Operator Identification Number, a Certified
22 Producers Certificate issued by the county where the trees are
23 located, or a Cash Seller Certificate issued by the agricultural
24 commissioner.
25 (b) If the possessor of the agricultural commodity
26 is other than the grower of the commodity, the possessor of the
27 commodity must have a completed proof of ownership certificate
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I issued by the agricultural commissioner, a completed Transport
2 Certificate, or a completed Gleaner Certificate . The proof of
3 ownership certificate shall be signed by the possessor of the
4 agricultural commodity and signed by the person who sold the
5 agricultural commodity to the person in possession. The
6 Transport Certificate shall state the location to which the
7 agricultural commodity is being transported and shall be signed
8 by the person transporting the agricultural commodity and signed
9 by the person who is the grower of the agricultural commodity.
10 The Gleaner Certificate shall be signed by the possessor of the
11 agricultural commodity and signed by the person who is the
12 grower of the agricultural commodity.
13 (9) "Processor" means a nut processing facility that has
14 a building permit, a permanent foundation, and a permanent form
15 of processing that is on-site, in place, and functioning, and
16 that is located in a zone that allows agricultural processing as
17 defined by the Butte County Zoning Ordinance.
18 (10) "Seller" means a person who sells or attempts to
19 sell an agricultural commodity to a buyer or other person.
20 (11) "Walnut Buying Period" means the declared
21 conclusion of harvest of the Chandler variety of walnuts by the
22 agricultural commissioner, after consultation with a committee
23 of walnut growers, whereupon non-processing walnut buying
24 operations within the boundaries of Butte County may, either at
25 their place of business or at receiving stations, purchase and
26 receive shipments of walnuts that have not been dried or
27 processed. Such period shall be proclaimed seventy-two (72 )
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1 hours in advance by press release and shall last until walnut
2 trees bear nuts in the subsequent season.
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4 SECTION 2 . Section 23-13 of the Butte County Code is hereby
5 amended to read as follows :
6 23-13 Responsibility of the Possessor of the Agricultural
7 Commodity.
8 It is the responsibility of the person in possession of
9 the agricultural commodity to make sure that the correct proof
10 of ownership form is used and completely filled out .
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12 SECTION 3. Section 23-14 of the Butte County Code is hereby
13 amended to read as follows :
14 23-14 Same - Inspection, presentation and retention.
15 (a) The proof of ownership certificate, valid Restricted
16 Materials Permit, Operator Identification Number, Certified
17 Producers Certificate, Cash Sellers Certificate, Transport
18 Certificate, or Gleaner Certificate shall be retained with the
19 agricultural commodity to which it pertains while the commodity
20 is in any person' s possession, while being transported and until
21 sold.
22 (b) Upon probable cause to believe that any agricultural
23 commodity is in the unlawful possession of any person, any
24 agricultural commissioner, or his or her designee, and any peace
25 officer may inspect the commodity and request that a valid form
26 of proof of ownership be provided. The possessor of the
27 commodity shall permit inspection of the agricultural commodity
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1 and of the corresponding form of proof of ownership.
2 (c) To facilitate inspection by the agricultural
3 commissioner, or his or her designee, the buyer shall purchase
4 and keep the commodity at a place of business in compliance with
5 the Butte County Building and Zoning Ordinances, until
6 transported for resale or other handling.
7 (d) Following any sale of the agricultural commodity by the
8 buyer, the form of proof of ownership shall be retained by the
9 buyer for a period of two (2) years from the date of such sale.
10 Buyers shall also retain any records pertaining to the resale of
11 agricultural commodities to which the form of proof of ownership
12 pertains, for a period of two (2) years .
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14 SECTION 4 . Section 23-15 of the Butte County Code is hereby
15 amended to read as follows :
16 23-15 Falsification of proof of ownership.
17 It is unlawful for any person to knowingly falsify or
18 cause the falsification of, any form of proof of ownership, or
19 other document presented as evidence of a person' s proof of
20 ownership.
21
22 SECTION 5. Section 2318 of the Butte County Code is hereby
23 amended to read as follows :
24 23-18 Investigation to ascertain ownership.
25 The agricultural commissioner, his or her designee, or
26 any peace officer may investigate to ascertain the ownership of
27 any commodity that has been held pursuant to this article and if
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1 the lawful owner is located, the commodity shall be released to
2 the owner or agent . The agricultural commissioner may require
3 reasonable payment, not to exceed the value of the commodity, to
4 cover costs incurred for storage of the commodity.
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6 SECTION 6. Section 23-19 of the Butte County Code is hereby
7 amended to read as follows :
8 23-19 Disposition of agricultural commodities .
9 (a) If for any reason the commodity cannot be released to
10 the rightful owner within forty-eight (48) hours after coming
11 into the custody of the agricultural commissioner, or for any
12 shorter period of time that the commissioner deems necessary in
13 the case of perishable commodities, the commissioner may sell
14 the commodity by public auction or any private sale at fair
15 market value to a commercial packer of the commodity. Prior to
16 any such sale the commissioner shall determine that the sale of
17 the commodity will not impair the prosecution of any person who
18 is or may be charged with a crime related to the commodity.
19 (b) All of the proceeds derived from the sale of the
20 commodity shall be held by the commissioner for a period of not
21 less than six (6) months, during which time the lawful owner of
22 the commodity may submit satisfactory proof of ownership and
23 obtain possession of the proceeds . The commissioner may require
24 the payment by the owner of an amount sufficient to cover the
25 costs incurred for the storage and sale of the commodity, in an
26 amount not to exceed the value of the commodity. If, after
27 retention of the proceeds for a period of at least six (6)
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I months, no demand is made or if proof of ownership is not
2 supplied, the commissioner shall deposit the proceeds of the
3 sale of the commodity in the general fund of the county.
4 (c) If any seized commodity remains unsold after being
5 offered for sale pursuant to this section, the commissioner may
6 donate the commodity to a nonprofit organization.
7 (d) If the commodity is unfit for human consumption, the
8 commissioner may destroy it .
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10 SECTION 7 . Section 23-20 of the Butte County Code is hereby
11 amended to read as follows :
12 23-20 Exemptions .
13 This article shall not apply to agricultural commodities
14 transported and accompanied by a valid permit, disposal order,
15 or certificate issued by the agricultural commissioner for any
16 reason other than to comply with this article .
17 The agricultural commissioner, or his or her designee,
18 and any peace officer may inspect any agricultural commodity as
19 provided in this article and may require that information be
20 provided sufficient to permit verification that the exemption
21 applies in the circumstances presented.
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23 SECTION 8 . Severability.
24 If any provision of this Ordinance or the application
25 thereof to any person or circumstances is for any reason held to
26 be invalid by a court of competent jurisdiction, such provision
27 shall be deemed severable, and the invalidity thereof shall not
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1 affect the remaining provisions or other applications of the
2 Ordinance which can be given effect without the invalid
3, provision or application thereof.
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5 SECTION 9 . Effective Date and Publication.
6 This ordinance shall take effect thirty (30) days after
7 the date of its passage . The Clerk of the Board of Supervisors
8 is authorized and directed to publish this ordinance before the
9 expiration of fifteen (15) days after its passage . This
10 Ordinance shall be published once, with the names of the members
11 of the Board of Supervisors voting for and against it, in the
12 Enterprise Record, a newspaper of general circulation published
13 in the County of Butte, State of California .
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15 PASSED AND ADOPTED by the Board of Supervisors of the County of
16 Butte, State of California, on the 9th day of September, 2014 ,
17 by the following vote:
18 AYES : Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
19 NOES : None
20 ABSENT : None
21 NOT VOTING: None
22
Doug Teete.r), Chair of the
23 Butte County Board of Supervisors
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1 ATTEST:
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3 Paul Hahn, Chief administrative Officer
and Clerk of the Board
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