Chapter 12, Sec. 12-33(T). Nuisances.
No farm operation which has been in operation for one (1) year or more since its established date of operation and which was not a nuisance at the time of its established date of operation shall be a public or private nuisance if the farm conforms to generally accepted agricultural and management practices, except that the following conditions shall constitute evidence of a nuisance:
The presence of untreated or improperly treated human waste, garbage, offal, dead animals, dangerous waste materials, or gases which are harmful to human or animal life.
The presence of improperly built or improperly maintained septic tanks, water closets, or privies.
The keeping of diseased animals which are dangerous to human health, unless such animals are kept in accordance with a current state or federal disease control program.
The presence of unsanitary places where animals are slaughtered, which may give rise to diseases that are harmful to human or animal life.
No farm operation shall become a public or private nuisance as a result of a change in ownership, a change in the type of farm product being produced, a change in conditions in or around the locality of the farm, or a change brought about to comply with Best Management Practices adopted by local, state, or federal agencies if such farm has been in operation for one (1) year or more since its established date of operation and if it was not a nuisance at the time of its established date of operation.
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