[Adopted 6-11-1981 by L.L. No. 29-1981]
The rules, regulations and provisions hereinafter
set forth controlling, regulating and restricting the keeping of swine
within the Town of Colonie have been adopted for the purpose of promoting
the health and general welfare of the residents of the Town of Colonie.
It is the intention to prescribe reasonable rules and regulations
governing the raising of swine within the Town.
As used in this article, the following terms
shall have the meanings indicated:
Whenever the linear distance of a structure or area from
a lake, pond, stream, swamp, spring area, highway or dwelling is mentioned,
it is intended to mean the shortest horizontal distance from the nearest
point of the structure or area to the high-water mark of the lake,
pond, stream, swamp or spring area or to the highway line or to the
nearest point of the dwelling.
Any building or structure established or maintained as temporary
or permanent living quarters for human beings.
Waste animal or vegetable matter from homes, institutions,
restaurants, hotel kitchens and vegetable markets or fruit markets
and offal from abattoirs and packing houses.
Any existing Town, county or state highway, road or street.
Excrement from swine.
Land, with or without buildings, owned by or under the control
of any individual, firm or corporation, on which swine are housed,
stabled or quartered.
Pigs or hogs in excess of eight weeks of age.
Any establishment that raises more than two hogs or raises
any number of hogs for the purpose of sale, barter or exchange.
No person, firm or corporation, being the owner
or occupant of any land or premises within the Town of Colonie, shall
use or permit the use of said land or premises for the keeping of
swine, without obtaining a permit therefor, as hereinafter provided.
A.
Application for permit.
(1)
The application for each permit to raise swine shall
be in writing and signed by the applicant and shall state:
(a)
The name and address of the applicant.
(b)
The name and address of each partner, if the
applicant is a partnership.
(c)
The name and address of each officer and director,
if the applicant is a corporation.
(d)
A statement of the total acreage of farm or
premises.
(e)
The name and address of the owner or owners
of such premises.
(2)
Each application shall be accompanied by a complete
plan satisfactorily showing the layout of the farm, the location,
size and arrangement of all brood and shelter houses, feeding areas,
feeding platforms and pens and the location of any lakes, ponds, streams,
swamps or spring areas upon or adjacent thereto, if any there be.
The application shall state the type of construction of the brood
and shelter houses and of the feeding platforms. The plan shall show
the linear distance to the closest highway or road and to the closest
dwelling house other than that occupied by the applicant or by such
applicant's employees, if any, residing on the premises.
B.
Filing of application and submission of same to the
Town Board and to the Health Officer. Each application shall be filed
with the Town Clerk, who shall thereupon transmit the same to the
Health Officer. The Health Officer shall, after investigation, transmit
the application to the Town Board or its designee, together with his
written approval or disapproval thereof or recommendations pertaining
thereto. All such applications shall, after such investigation, be
approved or rejected by the Town Board or its designee, after which
the application shall be filed with the Town Clerk, and the applicant
notified, in writing, by the Town Clerk of the action taken thereon.
C.
Issuance of permit. The Town Clerk upon such written
application and upon the approval of the same by the Health Officer
and by the Town Board or its designee shall issue a permit to become
effective from the date thereof and to continue in force for the term
specified therein but in no event longer than through the 31st day
of December next succeeding, for the use of the premises therein specified
for the keeping of swine. Such permit shall specify the maximum number
of swine to be kept in said premises at any one time, which number
shall be based upon the acreage and facilities existing at the date
of application. Such permit shall not be transferable or assignable.
A.
Swine population. In no case shall the total number
of swine housed, stabled, quartered or herded exceed 50 on any one
premises.
B.
Distance from highways and dwellings. All shelter
houses and feeding areas shall be at least 1,000 feet from the nearest
highway, and 1,000 feet from the nearest existing dwelling house other
than the dwelling house occupied by the person keeping the swine or
by any of his employees. Shelter houses and feeding areas shall not
be deemed to include barns used for farrowing purposes.
C.
Location of brood and shelter houses. All brood and
shelter houses, together with the feeding area, shall be located on
high ground that is well drained and which does not become subject
to flooding from nearby streams or by accumulated rain or surface
water. In no case shall any brooding house, shelter house or feeding
area be located so that manure or garbage from any brooding house,
shelter house or feeding area may be washed over the surface of the
ground to any lake, stream or spring area.
D.
Pens. Individual pens shall be provided for each brood
sow at farrowing time. The minimum size of the farrowing pens should
be 36 square feet for gilts and 49 square feet for large sows.
E.
Construction of brood and shelter houses. All brood
and shelter houses shall be so constructed that all parts thereof
are accessible for cleaning.
F.
Feeding areas. All feeding areas shall be properly
fenced in order to permit swine to be excluded from such areas so
that the areas can be effectively cleaned.
G.
Feeding platforms. Whenever garbage is fed to swine,
watertight feeding platforms shall be provided in such feeding areas.
The feeding platforms when made of lumber shall be on skids and have
a rail six to eight inches high to prevent the garbage from being
shoved off the platform. Concrete platforms can be provided with curbs
six to eight inches high. The total area of the feeding platform to
be provided shall not be less than three square feet per swine based
upon the maximum number of swine to be maintained. Each platform shall
be sloped to permit drainage to one point so that liquids from the
platform can be disposed of by means of a leaching bed. An adequate
water supply shall be provided for washing and cleansing of the feeding
platform, and such washing shall be disposed of beneath the surface
of the ground through suitable leaching pits or subsurface absorption
pits. After each daily feeding period all refuse remaining on the
platform, together with that spilled on the surface of the ground,
shall be removed and shall be disposed of by either of the following
methods:
(1)
Placed in a trench or pit in the ground with at least
four inches of soil immediately thrown over the refuse.
(2)
Transported daily to the Town incinerator for burning.
(3)
Placed in a pile at least 200 feet from any dwelling,
residence or highway with at least four inches of soil immediately
thrown upon the surface. The feeding platforms shall be cleaned immediately.
Refuse from feeding pens or feeding platforms shall not be placed
in piles or remain unburied or uncovered for periods exceeding 12
hours.
H.
Handling of garbage collected for purpose of feeding swine. All containers used for transporting garbage through the Town must be immediately cleaned after use thereof and the cleaning water, together with the refuse therefrom shall be disposed of as provided in Subsection G above. Garbage delivered to premises for the feeding of swine shall be forthwith placed upon the feeding platform or stored in airtight containers until it is fed to the swine as above provided. Garbage shall not be piled or stored upon the premises except as above provided for a period of more than one hour after delivery.
I.
Immunization against hog cholera. All swine to which
garbage is fed shall be immunized against hog cholera.
J.
Disposal of manure. Manure, including animal droppings,
and bedding from all brood and shelter houses shall be removed at
least weekly and shall be properly and promptly disposed of. In the
Spring and Fall months disposal may consist of distributing it over
farm lands that are used yearly for farm purposes. In cases where
such manure from swine, together with bedding, is not distributed
in the Spring and Fall months on lands used yearly for farm purposes,
it shall then be disposed of as follows: it shall either be placed
in pits and trenches and immediately covered with not less than four
inches of earth, or it shall be scattered over the surface of the
ground and plowed under within 24 hours. In no case shall such manure,
together with bedding, be placed or scattered over the surface of
the ground within 1,000 feet of any residence other than that of the
holder of a permit issued pursuant to this article or that of an employee
of such holder residing on said holder's premises, unless the same
be plowed under within 24 hours after being so scattered.
The police officers of the Town of Colonie,
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.
If any police officer, health officer or any
authorized representative of the Town of Colonie finds that any premises
upon which swine are kept are not being maintained in a clean and
sanitary condition and in accordance with the provisions of this article,
such facts shall thereupon be reported to the Town Board or its designee,
and the Town Board or its designee may direct the Town Clerk to serve
an order, in writing, upon the holder of the permit or the person
in charge of said premises directing that the conditions therein specified
be remedied within five days after the date of service of such order.
If such conditions are not corrected after the expiration of such
five-day period, the Town Board or its designee may cause a notice,
in writing, to be served upon the holder of said permit or the person
in charge of such premises, requiring the holder of the permit to
appear before the Town Board of the Town of Colonie or its designee
at a time to be specified in such notice and show cause why such permit
should not be revoked. The Town Board or its designee may, after a
hearing at which testimony of witnesses may be taken and the holder
of the permit shall be heard, revoke such permit if such Town Board
or its designee shall find that said premises are not being maintained
in a clean and sanitary condition or if the Town Board or its designee
finds that any provision of this article has been violated or for
such other further and sufficient cause. Upon the revocation of such
permit, the premises shall forthwith cease to be used for the keeping
of swine, and all swine shall forthwith be removed therefrom.
Application for the renewal of any permit pursuant
to this article must be filed with the Town Clerk on or before the
first day of December next preceding the expiration of said permit.
Upon the approval of said application for a renewal of the permit
by the Health Officer and the Town Board or its designee, the Town
Clerk shall issue a renewal permit which shall become effective upon
the expiration of the prior permit and continue in force for the term
specified therein but in no event longer than for a period of one
year. Such renewal permit shall not be transferred or assigned.
This article shall apply to all premises located
in the Town of Colonie upon which swine are being kept on the date
of its adoption. The owner or operator of any such premises shall
have 30 days after this article becomes effective to make an application
for a permit. The owner or operator of any such premises shall have
a period of 60 days after making application for the permit within
which to make the necessary arrangements to conform to the requirements
of this article. The permit shall be granted only on the condition
that the requirements of this article are complied with within 60
days after making the application.
No permit shall be issued to any person, corporation
or firm to keep swine within the limits of the Town of Colonie, New
York, except upon premises being used for the raising of swine at
the time of the adoption of this article.
A.
Any person, persons, firm, association, partnership
or corporation violating any of the provisions of this article shall
be guilty of a violation and shall, upon conviction thereof, be subject
to a fine not exceeding $250 or imprisonment not exceeding 15 days,
or both.
B.
In addition, the violation of this article or any
of the provisions thereof shall subject the person, firm or corporation
violating the same to a civil penalty in the amount of $250; 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 Colonie in a civil action.
The application of the above-described penalties or any prosecution
for the violation of the provisions of this article shall not be deemed
to prevent the revocation of any permit or the forcible removal of
conditions prohibited by this article.
The issuance of a permit pursuant to the provisions
of this article shall not be deemed to waive compliance by the holder
thereof or by the property owner with any statute of the State of
New York or local law or health regulation of the Town of Colonie.
