In Re Fassett

BARNARD, P. J.

—The petitioner was arrested pursuant to a complaint charging him with a violation of Ordinance No. 366 of Orange County which is entitled “An Ordinance regulating the operation and location of hog ranches and providing for the issuance of permits for such business in the county of Orange, State of California, and providing penalties for the violation thereof.”

The petitioner is an employee of the L. and N. Feeding Corporation. On February 18,1937, a permit to conduct a hog-ranch on certain premises described in the petition was issued to this corporation by the county of Orange. On March 30, 1937, a permit was issued by this county allowing this corporation to erect hog pens on these premises. These permits were issued pursuant to another ordinance of that county, No. 351, which established certain land classification districts throughout the comity and regulated the manner in which property might be used in different districts. Pursuant to said permits this corporation commenced the erection of buildings,

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pens and feed troughs on April 1, 1937, and commenced the feeding of swine on said premises on April 29, 1937.

On April 29, 1937, this corporation was notified by letter that each of these permits “is deemed to be void and of no effect on the ground that you have failed to comply with the provisions of Ordinance No. 351”. While these notices failed to state the respect in which that ordinance had not been complied with, some attempt is here made to show that the feeding pens on these premises were constructed at a less distance from the nearest house than that required by that ordinance. So far as appears in this record no such violation occurred but that matter is immaterial here as this petitioner was not charged with any violation of that ordinance.

Ordinance No. 366 was adopted by the board of supervisors of Orange County on May 5, 1937. This ordinance defines a commercial hog ranch as any premises where more than 40 head of swine are kept or fed or where two or more head of swine are kept and fed upon garbage which is not produced upon the premises. Section 2 of the ordinance reads as follows:

“It shall be unlawful for any person, firm or corporation to engage in, conduct, manage or carry on, a commercial hog ranch, or use any property in the County of Orange for a commercial hog ranch, without first having procured a permit therefor from the Board of Supervisors of the County of Orange, as provided herein, except that any person, firm or corporation which is and has been actually and lawfully operating a commercial hog ranch at the time this Ordinance becomes effective continuously on the same premises during a period of not less than one year immediately prior thereto and against whom no complaint is pending at the time this Ordinance becomes effective shall be granted a permit under this Ordinance to maintain not more than the number of swine on said premises on the effective date hereof, provided application therefor is made in writing within thirty (30) days thereafter and no fee shall be necessary in such ease. An application to increase the number of swine to be maintained on any such established hog ranch may be granted under the terms of this Ordinance without regard to location thereof and without fee.”