Village of Phoenix, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and public property — See Ch. 133.
[Adopted 6-24-1959 (Ch. 14 of the 1993 Code)]
As used and intended in this article and for the purposes hereof, unless the context otherwise indicates, the following words shall have the meanings indicated:
ADULT DOG
Any dog over the age of six months.
CONFINED
As applied to a dog shall mean that such animal is securely confined or restrained and kept on the owner's premises, within either a building, kennel or other suitable enclosure. If the animal is being transported, it is to be securely confined in a crate or other container or so restrained in a vehicle that it cannot escape therefrom.
DOG
Both male and female.
OWNER
Any person or persons, firm, association or corporation who or which at any time owns or has custody or control of or harbors or is otherwise responsible for any dog which is kept, brought or comes within the corporate limits of the Village of Phoenix, New York. If the dog owner is not of legal age, the parent, guardian or other adult person with whom the minor dog owner is staying or residing will be held responsible.
Any dog or dogs harbored or kept by any person on any premises owned or occupied in whole or in part by him or her within the corporate limits of the Village of Phoenix, New York, shall be cared for, maintained and handled in a manner which shall be sanitary and which shall prevent noises such as barking, howling, fighting or whining at any time which may disturb the peace, comfort and quiet of the neighborhood.
No dog shall be permitted to run at large within the corporate limits of the Village of Phoenix, New York. A dog shall be determined to be at large if elsewhere than on the premises of the owner or not accompanied by the owner or his or her agent having said dog under his or her control at all times so as not to harm, injure or destroy the person or property of another. Where a dog does not readily obey commands by the owner or his or her agent, said dog shall be leashed when off the owner's premises.
[Added 8-18-1998 by L.L. No. 2-1998]
The owner of any dog shall, by suitable means, pick up any dog defecation immediately after such defecation and properly dispose of the same when the dog is not on the owner's property within the village.
A. 
The owner of any dog which bites or attempts to bite or otherwise attacks or causes injury to any person within the corporate limits of the Village of Phoenix shall, immediately after having been notified or having such knowledge of any such biting, attack or injury, report the same to the Police Department, Village of Phoenix, and cause the dog to be securely confined for a period of 10 days.
B. 
Upon expiration of such ten-day period of confinement, the owner shall, at his or her own cost and expense, cause said dog to be examined by a competent veterinarian to be certain whether such dog is free of disease and not rabid. The owner shall procure from such examining veterinarian a certificate so stating. The owner shall then file such certificate with the Chief of Police, Village of Phoenix, who, if the dog is free of disease and not rabid, may, if such owner shall have otherwise complied with the other ordinances of the Village of Phoenix and state statutes pertaining to dogs, permit the release of such dog from confinement.
C. 
If upon examination such dog is found diseased or rabid, both the owner thereof and such examining veterinarian shall immediately report the same to the Chief of Police and the Town Health Officer, and such dog shall thereafter be disposed of as provided for by the state statutes.[1]
[1]
Editor's Note: Original § 14-5, Rabies vaccination, which immediately followed this section, was deleted 2-16-1999 by L.L. No. 1-1999.
A. 
Any dog determined to be vicious or ferocious must be kept securely confined in accordance with § 72-1 of this article.
B. 
A dog shall be deemed to be vicious or ferocious if said dog bites, attacks, injures or causes personal bodily harm to any person or persons on more than one occasion.
[Amended 2-16-1999 by L.L. No. 1-1999]
Any dog found off the premises of the owner in violation of any provisions of this article may be apprehended and impounded by any peace officer or Dog Control Officer. If the dog is tagged, notice shall be given forthwith to the owner of such seizure. The owner may reclaim such dog upon procuring a license, if unlicensed, and payment to the Village Clerk of the Village of Phoenix of the impoundment fee as set forth in § 118 of the Agriculture and Markets Law. Payment of this fee shall be in addition to any penalty prescribed for the violation of this article. If said dog is unclaimed it shall be dealt with in accordance with the provisions of § 118 of the Agriculture and Markets Law. If said dog is tagged but not reclaimed by the owner as aforesaid within 72 hours after notice of seizure given as aforesaid, the dog shall be killed or held by said peace officer or Dog Control Officer.
In the event of the sale of an unclaimed licensed dog, the sale price of the dog shall be no less than the charges proposed by the village for impounding and keeping the dog for the period to date of completion of sale. Such transaction must be made by the purchaser obtaining a dog license and paying full charges to the Village Clerk.
[Amended 2-16-1999 by L.L. No. 1-1999]
The impoundment fees and penalties established in this article shall not apply to violations of the licensing provisions of the Agriculture and Markets Law.
[Amended 2-16-1999 by L.L. No. 1-1999]
Violations of this article shall be subject to the penalties provided in § 119, Subdivision 2(a), of the Agriculture and Markets Law.
[Adopted 9-17-2019 by L.L. No. 6-2019]
It shall be lawful for any person to keep, permit or allow any domestic chicken hens in any residential district or neighborhood business district under the following terms and conditions and, after having received a license from the Village Clerk to keep said chicken hens, as prescribed herein under the following terms and conditions:
A. 
No more than five chicken hens shall be allowed for each single-family dwelling.
B. 
No chicken hens shall be allowed in multifamily complexes, including duplexes.
C. 
No roosters shall be allowed at any time.
D. 
Chicken hens are to be restricted to the rear or backyard of any lot in any residential zoning district or the rear or backyard of a residential use in any other zoning district.
E. 
Chicken hens shall be kept as pets only and for personal use only; no persons shall sell eggs or meat or engage in chicken breeding or fertilizer production for commercial purposes.
F. 
There shall not be any outdoor slaughtering of chicken hens.
G. 
Persons wishing to keep chicken hens within the Village must obtain a license from the Office of the Village Clerk after payment of an annual fee of $25 for the first chicken hen and $5 for each additional chicken hen up to five and after inspection and approval of the coop and cage that chickens are to be kept in by the Code Enforcement Officer.
As used in this article, the following terms shall have the meanings indicated:
CHICKEN HEN
A domesticated female chicken, over a year old.
OWNER
Any person or persons, firm, association or corporation who or which at any time owns or has custody or control of or harbors or is otherwise responsible for any chicken hen which is kept, brought or comes within the corporate limits of the Village of Phoenix, New York. If the chicken hen owner is not of legal age, the parent, guardian or other adult person with whom the minor chicken hen owner is staying or residing will be held responsible.
An application for a license to have chicken hens on the premises shall contain the following information:
A. 
The name, phone number and property address of the applicant.
B. 
The location of the subject property.
C. 
The size of the subject property.
D. 
The number of chicken hens the applicant seeks to keep on the property.
E. 
A description of any coops or cage that will house the chicken hens, together with a description of any fencing barriers or enclosures surrounding the curtilage of the property.
F. 
A scale drawing showing the precise location of cages, coops, enclosures, fences, and the manner in which feces and other waste materials will be removed from the property or be treated such as to not result in unsanitary conditions or any attraction or rodents and insects.
G. 
A signed statement from the property owner, if the applicant is not the property owner, granting the applicant permission to engage in the keeping of chicken hens as described in the license application.
H. 
The addresses of all properties within a fifty-foot radius of the subject property.
A. 
The coops or cages housing such chicken hens must be situated at least 12 feet away from any door or window of a dwelling, school, church or other occupied structure, including the applicant dwelling.
B. 
The coops or cages housing such chicken hens may not be located in front or side yard areas and shall not be located within 40 feet of a rear or side yard lot line.
C. 
Minimum lot size for any person requesting a permit shall be 3/4 of an acre.
A. 
The chicken hens shall be kept within both a coop and fenced outdoor enclosure.
B. 
The chicken hens must be kept in the coop and fenced outdoor enclosure at all times and shall not be allowed to run free in the fenced outdoor enclosure unless a reasonable individual over the age of 18 years is directly monitoring said activity and is able to immediately respond should said chicken hens need to be returned to their individual cages.
C. 
The chicken coop shall be a covered, predator-resistant, well-ventilated structure, providing a minimum of four square feet per chicken hen.
D. 
Outdoor enclosures shall be adequately fenced to contain the chicken hens and to protect the chicken hens from predators.
E. 
The coop must be kept in a clean, dry and sanitary condition at all times.
F. 
The outdoor enclosure shall be cleaned on a regular basis to prevent the accumulation of animal waste.
G. 
The total area of all coops and cages on a lot shall not be greater than 32 square feet for up to five chicken hens and shall not exceed 10 feet in height.
H. 
Chicken feed or other food used to feed the chicken hens shall be stored in a rodent-proof, fastened container, stored within a structure, which shall only be unfastened for the retrieval of food and immediately fastened thereafter.
I. 
The chicken hens shall be fed only from an approved trough; scattering of food on the ground is prohibited.
A. 
Chicken hens shall only be kept in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants or nearby buildings or properties and to comply with the pickup provisions of both New York State and Oswego County sanitary codes.
B. 
Chicken hens shall not be kept in a matter that is injurious or unhealthy to any animals otherwise begin kept on the property.
A. 
Upon receipt of a chicken application and the requisite fee, the Village Clerk shall immediately advise the Office of Animal Control of said application, including the number of chicken hens sought to be licensed and the location of the proposed coop or cages.
B. 
The Village Clerk shall immediately notify those property owners who own properties within 50 feet of the applicant property and provide them with an opportunity to provide written comments as to their support or opposition of the proposed coop.
C. 
The Village Board shall also be immediately notified of the chicken license application.
D. 
If the Village Clerk receives no written comments evidencing opposition to or concern regarding the proposed license within 20 days of receipt of the application fee, the Village Clerk shall advise the Village Board of the same.
E. 
The Village Board shall thereafter place the application for a license upon the agenda at the next scheduled Village Board meeting for review and comment.
F. 
The Village Board shall determine, in its discretion and taking into account the entire record before it, whether or not a license shall be issued to the applicant; the Village Board shall be empowered to impose further conditions on the license that it deems to be necessary to preserve the public safety and welfare.
G. 
Upon approval of a majority of the Village Board and upon verification of compliance with the design and building regulations, the Mayor shall direct the Village Clerk to issue a license for said operation.
H. 
The license issued to the applicant shall include the licensee's proper name, property address for which the license is valid, the number of chicken hens allowed at the property address, a unique license number, the date the license was issued and an expiration date exactly one year from the date of the issuance and any additional conditions imposed by the Village Board.
I. 
Only one chicken license shall be issued per applicant and per property.
J. 
No license shall be eligible to obtain an additional license for multiple properties, nor shall more than one license be issued to more than one property address.
A. 
Not later than 60 days prior to the renewal date of the prior license, the applicant shall make an application for renewal of the same.
B. 
Upon receipt, the Village Clerk shall immediately transmit said application to the Village Board, together with any and all memoranda or complaints concerning the licensed premises as have been received by the Village since the granting of the prior license.
C. 
The Village Board may, in its discretion, choose to not renew any chicken license for any reason as is set forth above under § 72-17.
D. 
If a license is renewed, pursuant to the provisions hereof, the applicant may continue to keep chicken hens pursuant to the terms and conditions set forth herein and imposed on the initial license.
E. 
In the event that a license is not renewed, then the license shall, within 15 days of the notice of nonrenewal, dismantle and take down any and all chicken coops or other structures as were erected pursuant to the granting of the previous license.
Any person violating any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both. Each day of continued violation shall constitute a separate offense.