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.
This article shall not apply to the keeping of animals in licensed
veterinary clinics and animal hospitals.
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.