[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw 5-3-2016 by L.L. No. 4-2016. Amendments noted where applicable.]
Article I Definitions
Article II Domesticated Chickens
- CHICKEN PEN
- A wire enclosure connected to a henhouse for the purpose of allowing chickens to leave the henhouse while remaining in an enclosed, predator-safe environment.
The purpose of this article is to provide standards for the keeping of domesticated chickens. It is intended to enable residents to keep a small number of female chickens on a non-commercial basis while limiting the potential adverse impacts on the surrounding neighborhood. The Village recognizes that adverse neighborhood impacts may result from the keeping of domesticated chickens as a result of noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the attraction of predators, rodents, insects, or parasites, and non-confined animals leaving the owner's property. This article is intended to create licensing standards and requirements that ensure that domesticated chickens do not adversely impact the neighborhood surrounding the property on which the chickens are kept.
An annual permit is required for the keeping of any domesticated chickens in the Village of Haverstraw. Additionally, a specific building permit is required for the construction of a henhouse and chicken pen.
The annual permit to keep chickens is specific to the requestor and may not be assigned. In the event that the holder of a permit is absent from the property for longer than 60 days, the permit shall automatically terminate and become void.
The first permit year shall be June 1, 2016 through December 31, 2016. Thereafter the permit year shall be January 1 through December 31. In the first permit year, no more than 10 permits shall be issued. In each subsequent permit year, 10 more permits may be issued in addition to permits issued to previous applicants.
The fee for an annual permit to keep chickens is $25. In addition to the annual fee there shall be a building permit required for the construction of a permanent henhouse and/or chicken pen.
Chickens shall be kept as pets and for personal use only; no person shall sell eggs or engage in chicken breeding or fertilizer production for commercial purposes. The slaughtering of chickens is prohibited.
Chickens must be kept in an enclosure or fenced area at all times. During daylight hours, chickens may be allowed outside of their chicken pens in a securely fenced yard if supervised. Chickens shall be secured within the henhouse during nondaylight hours.
Enclosures must be clean, dry, and odor-free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact.
The henhouse and chicken pen must provide adequate ventilation and adequate sun and shade, as well as protection from pests and predators.
A henhouse shall be provided and shall be designed to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to other residents in the neighborhood.
The structures shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator- and birdproof wire of less than one-inch openings.
The materials used in making the structure shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The henhouse shall be well maintained.
The structure exterior shall be uniform in appearance, and shall be in harmony with the surrounding area.
Henhouses shall only be located in rear yards. For a corner lot or other property where no rear yard exists, a side yard may be used as long as the setbacks generally applicable in the zoning district are met. In no case may a henhouse be placed in the front yard.
Henhouses shall be located a minimum of 25 feet from any dwelling structure.
If a henhouse is proposed to be located less than five feet from any side or rear property line, the Code Enforcement Officer shall notify abutting property owners by mail at least 20 days before issuing a permit, except that the permit may be issued in fewer than 20 days if all abutters have responded before the expiration of that time. If a henhouse is proposed to be located within five feet from the side or rear property line, the burden of proof is on the applicant to demonstrate that the proposal will meet the criteria of this article and will not adversely impact the use or enjoyment of abutting properties.
Chicken pens. An enclosed chicken pen must be provided consisting of sturdy wire fencing that prevents intrusion by predators. The use of chicken wire is not permitted.
Only motion-activated lighting may be used to light the exterior of the henhouse.
The property owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation shall be removed by the Animal Control Officer or the Health Department.
Chickens must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents, wild birds and predators.
Provision must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. All manure not used for composting or fertilizing shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.
Any material misstatement or omission shall be grounds for denial, suspension or revocation of the permit.
The Code Enforcement Officer shall issue a permit if the applicant has demonstrated compliance with the criteria and standards in this article.
The Code Enforcement Officer shall deny a permit if the applicant has not demonstrated compliance with all provisions of this article.
A permit to keep domesticated chickens may be suspended or revoked by the Code Enforcement Officer where there is a risk to public health or safety or for any violation of or failure to comply with any of the provisions of this article or with the provisions of any other applicable ordinance or law.
Any denial, revocation or suspension of a permit shall be in writing and shall include notification of the right to and procedure for appeal.
A person appealing the issuance, denial, suspension or revocation of a permit by the Code Enforcement Officer may appeal to the Board of Appeals within 30 days of the decision being appealed.
In addition to any other enforcement action which the Village may take, violation of any provision of this article shall be a civil violation, and a fine not exceeding $500 may be imposed. Each day that a violation continues will be treated as a separate offense.
In addition to the penalty stated above, any violation of the provisions of this article or of the permit shall be grounds for an order from the Code Enforcement Officer to remove the chickens and the chicken-related structures.
The Code Enforcement Officer may also order the removal of the chickens upon a determination that the chickens pose a health risk.
If a chicken dies, it must be disposed of promptly in a sanitary manner.