Hood River County v. Mazzara

Defendant appeals a conviction for violating Hood River County Ordinances (HRCO) under which the owner of a dog may not allow it “to become a public nuisance * * *” by “[d]isturb[ing] any person by frequent or prolonged noises [.]” HRCO 6.16.010; HRCO 6.08.140(E). Defendant argues that the ordinances are invalid as applied to her because ORS 30.935 immunizes farm practices from the application of local government ordinances. We reverse.

ORS 30.935 provides:

“Any local government * * * ordinance or regulation * * * that makes a farm practice a nuisance or trespass or provides for its abatement…