Ranch Marketing Ordinance Reason for the report The 2003/2004 Grand Jury received a citizens’ complaint concerning the

The Ranch Marketing Ordinance was originally written in 1988 and last revised in 2003.

The Agriculture Department took over sole code enforcement of the Ranch Marketing Ordinance in 2003. Previously code enforcement was done by both the Planning and Agriculture Departments.

The Ranch Marketing Ordinance does not define specific crops but does have acreage requirements. 4. The Ordinance does not state a minimum crop density.

The County generally does not enforce the Ranch Marketing Ordinance unless a complaint is received, resulting in a lack of standardized enforcement. Response to Finding 4: The respondent disagrees partially with the finding. In FY2003/04 the Board assigned responsibility for the enforcement of the ranch marketing and winery provisions of Title 17 to the Department of Agriculture. In FY2004/05, that responsibility has been returned to the Planning Department. The Planning Department’s code compliance officer works to assure compliance with all code requirements and where violations of the code are known, will attempt to enforce the provisions of the code. Budgetary and staffing constraints play a significant role in the overall Ranch Marketing enforcement priorities. It is not possible, given the staffing level available, to review all active ranch marketing operations to determine if they are in compliance, unless violations are brought to the attention of the code compliance officer. This is consistent with code compliance operations for all provisions of the zoning code. The Planning Department prioritizes its enforcement actions based on the health and safety aspects of the violation. Complaints are a welcomed source of information that can be used to initiate an investigation of individuals or businesses allegedly violating the Ranch Marketing Ordinance. For the past year, the Agriculture Department has taken proactive steps by notifying individuals in writing of impending Ranch Marketing and Special Use Permit deadlines as recommended by the Agricultural Commission and conditioned by the Planning Commission and Planning Department. Additionally, the Agriculture Department, acting as staff to the Agricultural Commission, places timely informational items on the Commission’s agenda to facilitate discussion and/or action by the Department based on the motions passed by the Commission. Whenever an individual requests information concerning Ranch Marketing, the Agriculture and Planning Departments try to consistently explain and enforce each provision of the applicable code prior to the initiation of any Ranch Marketing activities.

The Agriculture Department, in September 2003, gave approval of compliance with the Ranch Marketing Ordinance to the complainant on acceptable crops and acreage requirements.

The Agriculture Commissioner, in October 2003, rescinded the Department’s approval based on his opinion that Christmas trees were not a crop as it pertains to the Ranch Marketing Ordinance. Findings 1. The Ranch Marketing Ordinance is open to interpretation and is confusing to those attempting to comply with its requirements. Response to Finding 1: The respondent agrees with the finding. Most laws, regulations, and ordinances are not written to contemplate every situation that might come under their respective jurisdictions. Inevitably, some interpretation by the enforcing agency is required, particularly as new situations arise. However, the respondent does agree that the Ranch Marketing Ordinance, as revised in 2001 and now codified as §17.14.180 & 190, includes some terms and requirements that could be better defined. Planning Department staff is working in conjunction with staff from the Agriculture Department to revise the code and anticipates that revised ordinances for both wineries and ranch marketing will be ready for adoption within the next year. In addition, both departments will work together to ensure that interpretations of the code by County staff are consistent.