This article has been adopted for the purpose of promoting the health and general welfare of the residents of the Town of Cicero.
[1]
Editor’s Note: Former § 58-2, Definitions, was repealed 6-14-2017 by L.L. No. 4-2017. See now § 58-1. In addition, L.L. No. 4-2017 renumbered former § 58-1 as § 58-2.
A. 
The number of swine kept on any premises shall not exceed 50 per acre of ground used for keeping swine.
B. 
Structures and installations for shelter and feeding of swine shall be on well-drained ground so that manure or garbage shall not be washed into any lake, stream, drainage ditch, swamp or spring area.
C. 
No feeding area for swine shall be located nearer than 150 feet from the nearest highway, nor nearer than 500 feet from the nearest existing dwelling house other than the dwelling house occupied by the person keeping the swine or any of his employees.
D. 
Brood and shelter houses shall be so constructed that all parts thereof can be easily cleaned.
E. 
Feeding areas shall be cleaned at least once daily and no garbage shall be piled or stored on the premises before feeding unless kept in air- and water-tight containers. No garbage shall at any time be piled or spread to a depth of more than three inches unless kept in air- and water-tight containers.
F. 
All garbage shall be cooked before feeding as provided by the Agriculture and Markets Law of the State of New York, and, if stored, shall be kept in air- and water-tight containers. All refuse and garbage not consumed by swine and remaining in the feeding area shall be removed daily and disposed of by either burying under at least four inches of soil or spread on the land to a depth of not more than three inches, provided, however, that no such garbage or refuse shall be spread on the land nearer than 500 feet from the nearest existing dwelling house other than the dwelling house occupied by the person keeping the swine or any of his employees, unless such garbage or refuse is plowed under within 24 hours after spreading.
G. 
All manure shall be removed at least once weekly and disposed of either by burying under at least four inches of soil or spread on the land, provided, however, that no manure shall be spread on the land nearer than 500 feet from the nearest existing dwelling house occupied by the person keeping the swine or any of his employees, unless said manure is plowed under within 24 hours after spreading.
The police officers of the Town of Cicero, the Health Officer, and any other duly authorized agent or employee of said town shall have the right at any reasonable time to enter upon premises on which swine are kept, and shall have the right at all times to inspect all parts of said premises.
A. 
Any person who violates any provision of this article shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $250.
[Amended 3-11-2020 by L.L. No. 5-2020]
B. 
In addition, the violation of this article or of any of the provisions thereof shall subject the person violating the same to a civil penalty in the amount of $50 and when a violation of this article or any of its provisions is continuous, each 24 hours thereof shall constitute a separate and distinct violation; said penalty to be recovered by the Town of Cicero in a civil action. The application of the above-described penalties or any prosecution for the violation of the provision of this article shall not be deemed to prevent the forcible removal of conditions prohibited by this article.