Protected farm practices. In order to allow for the viability of
the agricultural industry, farmers shall have the right to undertake
protected farm practices in the active pursuit of agricultural operations,
including but not limited to clearing, grading, plowing, aerial and
ground spraying, the use of legal agricultural chemicals (including
herbicides, pesticides and fertilizers), raising horses, poultry,
small livestock and cattle, processing and marketing produce, installing
water and soil conservation facilities, utilizing crop protection
devices, designing, constructing and using structures, including barns,
stables, paddocks, fences, greenhouses and pump houses, using water,
pumping, spraying, pruning and harvesting, disposing of organic wastes
on the farm, extensive use of farm laborers, training and others in
the use and care of equipment, animals, traveling local roads in properly
marked vehicles and providing local farm produce markets near farming
areas. These activities can and do generate dust, smoke, noise, vibration
and odor and may occur on holidays, Sundays, and weekends, in both
the night and the day. Such activities are presumed to be reasonable
and do not constitute a nuisance unless the activity has a substantial
adverse effect on the public health, safety and welfare.