[Adopted 6-13-2016 by L.L. No. 4-2016]
When used herein, the following terms shall have the following meanings:
ANIMAL HARBORING
The keeping of more than a maximum of two licensed dogs, a maximum of two cats, and a maximum of two rabbits or other small fur-bearing animals routinely kept as household pets (e.g., hamsters, gerbils, chinchillas) at a dwelling unit. The keeping of any horses, donkeys, cattle, sheep, goats, swine, fowl of all kind, or other animals customarily kept on farms, and any animals customarily kept in zoos (e.g., monkeys), reptiles, snakes, and insects (including spiders), or the keeping of any animals for sale or hire, is prohibited, except as provided for in an RM District.
ANIMALS
Rabbits or other small fur-bearing animals routinely kept as household pets (e.g., hamsters, gerbils, chinchillas). The keeping of any horses, donkeys, cattle, sheep, goats, swine, fowl of all kind, or other animals customarily kept on farms, and any animals customarily kept in zoos (e.g., monkeys), reptiles, snakes, and insects (including spiders); or the keeping of any animals for sale or hire, is prohibited, except as provided for in an RM District.
NUISANCE
Any condition which would reasonably be expected to be offensive or objectionable to people on or using nearby properties or on the public right-of-way; and any condition generally within the common law definition of a "nuisance," public or private. Without limiting the foregoing in any way, the term "nuisance" shall be deemed to include any condition resulting in any one or more of the following:
A. 
In the breeding of flies, mosquitoes, rodents or any other animals or insects, which bite and/or are commonly carriers of disease.
B. 
The presence of obnoxious odors or substances on adjacent premises or the public rights-of-way.
C. 
The entry of animals upon neighboring properties without the permission of the owner or occupant or upon the public right-of-way.
D. 
Loud and obnoxious noises coming from any animals covered by this article, including but not limited to braying, whinnying, squealing and/or any other type noises expected of such animals that would disrupt the peace and quiet of the surrounding neighborhood.
E. 
The destruction of property by any of the above-noted animals.
RESTRICTIVE COVENANT
Any restriction affecting the keeping of animals which has been duly recorded in a deed or with deeds in the Broome County Clerk's office, so long as it remains in effect by its terms.
This article shall apply to any person, partnership, association, joint venture or corporation being the owner, lessee, licensee or occupant of any land affected within the Town of Dickinson.
A. 
No more than a maximum of two licensed dogs, a maximum of two cats, and a maximum of two rabbits or other small fur-bearing animals routinely kept as household pets (e.g., hamsters, gerbils, chinchillas) may be kept at a dwelling unit. The keeping of any horses, donkeys, cattle, sheep, goats, swine, fowl of all kind, or other animals customarily kept on farms, and any animals customarily kept in zoos (e.g., monkeys), reptiles, snakes, and insects (including spiders), or the keeping of any animals for sale or hire, is prohibited, except as provided for in an RM district.
B. 
All animal food shall be kept under cover and in sealed containers.
C. 
All animal waste shall be removed daily from the premises in tightly covered containers.
D. 
The premises shall be maintained so as not to constitute a nuisance as defined by this article.
This article shall not apply to the keeping of animals in licensed veterinary clinics and animal hospitals.
A. 
The Town Code Enforcement Officer, Town Constable, Town Dog Control Officer, or any law enforcement officer may investigate the maintenance of any animal or animals on any premises other than those expressly excepted by this article. Whenever, after an inspection, s/he shall determine the maintenance or manner of maintenance of any animal or animals on any premises is contrary to law or is inhuman to any animals or is or will injure the appropriate use of neighboring property or constitutes or is becoming a nuisance, s/he shall prepare a written notice setting forth his/her findings in detail and ordering the person or persons owning or having custody or control over such animal or animals and/or the property where they are kept to take appropriate action as specified in the notice.
B. 
Said notice shall be served as would notice of violation for a violation of the Town Code or New York State Property Maintenance Code. A copy thereof shall be filed with the Town Clerk and the Supervisor, but the failure to so file shall not affect the legality of the service.
C. 
Commensurate with the time for correction of a Town Code or New York State Property Maintenance Code violation, the Code Enforcement Officer, Town Constable, Town Dog Control Officer, or any law enforcement officer may institute a violation proceeding in Town Court, or the Town Attorney may institute in the name of the Town any appropriate civil proceeding or action, including but not limited to an action for an injunction, together with a temporary restraining order to enforce the provisions of this article. The cost of any such proceedings may, at the discretion of the Town, be charged to the owner or owners having custody or control over such animal or animals and/or the property where the animals are kept.
Any notice issued by the Town Code Enforcement Officer, Town Constable, Town Dog Control Officer, or any law enforcement officer, may direct as follows:
A. 
The cleaning up of animal wastes, animal food, other materials utilized in connection with the animals or coming into contact with animals and any enclosure or other areas in which animals are maintained, and the condition ordered cleaned up shall not be permitted to recur.
B. 
The enclosure of specified animals in a manner adequate to prevent their entry upon neighboring property.
C. 
The placing of any enclosure at such place or places as specified by the determination.
D. 
The placing of refuse in tightly covered containers and its periodic removal.
E. 
Ordering all animals removed from any premises if entry for inspection purposes is denied or if the Town Code Enforcement Officer, Town Constable, Town Dog Control Officer, or any law enforcement officer, is unduly hampered by the owners or occupants of the premises in carrying out this article.
F. 
Such other action as is appropriate to abate any nuisance.
No animals shall be permitted upon any premises so as to violate any restrictive covenants. The existence or absence or termination or expiration of any such restrictive covenants shall in no way limit or affect enforcement of the other provisions hereof.
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.