[Added 1-10-2018 by L.L.
No. 5-2018[1]]
[1]
Editor's Note: This local law was originally adopted
as Ch. 101 but was renumbered to maintain the organization of the
Code.
The Town Board of the Town of Tully, pursuant to the authority
granted it under Articles 3, 4 and 9 of the Town Law and under § 10
of the Municipal Home Rule law of the State of New York, hereby enacts
as follows.
The Town Board of the Town of Tully has determined that the keeping of certain small livestock and domestic fowl within the Town in residential settings is not presently regulated. The purpose of this article is to establish regulations to provide for the safety and well-being of small livestock and domestic fowl, their owners, and especially for the safety, well-being and consideration of adjacent and nearby residences, properties and neighbors and to regulate the owners and/or operators of such operations. The intent of this article is to establish requirements for the keeping of certain small livestock and domestic fowl on premises situate in and amongst residential premises and such uses as are characterized by the presence of nearby neighbors, a greater (than more rural, less populated and generally larger vacant or sparsely occupied tracts, farms and the like in the Town) concentration of residents, occupants, business and commercial uses and their respective occupants, residents, employees, guests, invitees and the like, in order to protect nearby residential and commercial/business premises and those owning, occupying or otherwise involved with same and provided, however, with exception under limited specific circumstances restricting the application or enforcement of certain of the requirements hereunder relative to certain structures, improvements and the incidental use of same, from the requirements described at § 100-20B and part of § 100-20C [i.e., as to § 100-20C, the exception shall not apply to the part thereof requiring in any event a structure that will not permit access to predators] and as further described at § 100-21 hereof. This statement of purpose is hereby made a part of and incorporated in §§ 100-20 and 100-21 insofar as describing the intent and substance of the requirements and exceptions hereof.
As used in this article, the following terms shall have the
meanings indicated:
Includes chickens, guinea fowl, ducks, geese, turkeys and
any other birds usually defined as a species of domestic fowl.
Includes miniature goats, sheep, pigs, and other smaller-in-size
breeds or species of farm animals.
A.
"Owner/operator" shall mean the owner of any such premises within
the Town whereon such keeping is conducted and/or the person(s) conducting
the keeping operations if not the owner. All owner/operators shall
ensure that all small livestock and domestic fowl are kept on their
own property except where express permission has been granted permitting
such livestock or fowl to graze or roam at large onto public or private
property not owned or controlled by the owner/operator. The failure
to prevent same from occurring after one such incident of trespass
has previously occurred shall constitute a violation hereof, and in
any such event (including incidental to a first incident of trespass
or where express permission has been given), the owner/operator shall
be strictly liable for any damage or injury, including death, to property
or persons caused by or arising out of any such grazing or roaming
onto public or private property.
B.
Adequate shelter must be provided for small livestock and domestic
fowl to protect them from predators and inclement weather.
C.
The shelter shall be a secure coop, pen or other type of enclosure
that permits access only by the specific types or species of small
livestock and fowl, and not be accessible by predators or other species
of small livestock or domestic fowl maintained by the owner/operator
on the same property but not compatible for cohabitation.
D.
The shelter must be regularly cleaned and serviced to keep it clean,
dry and relatively odor-free for both the health and well-being of
the owners and animals and for the safety and well-being of nearby
properties and persons residing or working there.
E.
Any such odors produced by operations shall not extend past the boundaries
of the owner/operator's property.
F.
Feed must be kept in sealed containers so as not to attract or be
accessed by rodents, insects or predators.
G.
Following any initial or subsequent violations of § 100-20A, and except under emergency or similar circumstance warranting no or a lesser notice and cure period (and where no exception under § 100-21 is applicable) following a written warning as to conduct in violation of any of § 100-20B, C, D, E or F and failure to comply within 10 days therefrom. However also subject to a shorter time period for cure as described under § 100-23, the Town may require the owner/operator to fence in a grazing or roaming area on his/her premises and in connection therewith to ensure that any fence installation is not within 15 feet of the common property boundary lines with adjacent premises not owned or otherwise legally occupied by the owner/operator or from the public street or sidewalk right-of-way.
A.
This article shall be effective and enforceable as against those owners/operators of, and unless and to the extent same may be subject to the limited partial exception described at § 100-18 and this § 100-21, those premises, structures and occupancies within all zoning districts of the Town and the uses thereof incidental to the keeping of and operations incidental to domestic fowl and small livestock, and in order to protect adjacent and other nearby occupied and habituated areas of residential, commercial, business and other premises. Any such keeping or operations of small livestock and domestic fowl not expressly permitted hereunder, within or upon any lands within the Town outside the village, is strictly prohibited. Likewise, the keeping of any other animals of any kind and home, personal or business-related operations shall only be permitted in accordance with the Zoning Code of the Town,[1] and/or and as may be subject to such other applicable laws of the nature described at § 100-21B hereof, and such other animals are not intended to be covered or regulated herein.
B.
Such exception shall be limited in application to only the application and enforcement of § 100-20B and that part of § 100-20C described at § 100-18 and only if and to the extent such keeping of and operations incidental to small livestock and/or domestic fowl is upon premises that are either zoned agricultural, have legal nonconforming structures and incidental uses, and/or are premises that are within a certified agricultural district; and only if and to the extent such requirements (§ 100-20B and part of § 100-20C) as applied to and/or enforced against a specific owner/operator, its premises and relevant operations would be illegal, invalid or unconstitutional as a result of being superseded or preempted by applicable state or federal laws, including case law precedent, constitutional protections, statutes, codes and regulations incident to or promulgated thereunder, or any applicable Town zoning, planning or subdivision code provisions pertaining to premises that are agricultural zoned, within certified agricultural districts and/or having legal nonconforming structures and related incidental uses, and which supersession or preemption in effect shall permit such conduct or operations or partially permit same in violation of § 100-20B (and § 100-20C thereof if at all.
C.
Small livestock and domestic fowl owner/operators who have kept domestic fowl or small livestock prior to or as of the effective date of this article in the Town of Tully are, unless subject to the exception as provided in this § 100-21, subject to this article. Any such owner/operators as of the effective date of filing shall come into compliance with this article within 120 days of the effective date. The provisions hereof are adopted as and pursuant to the Town's police powers to protect the health, safety and welfare of Town residents and are not enacted as a zoning provision. The provisions hereof are therefore not subject to the variance or interpretation authority of the Town Zoning Board of Appeals except and to the extent same may be required in order to establish the proper zoning district and classification of premises or to determine a claim as to a legal nonconforming character of such preexisting improvements. The keeping of domestic fowl or small livestock per se shall not be deemed a nonconforming use qualifying for exception (versus any improvements described at § 100-4B and such part of § 100-4C which may under certain circumstances be deemed legal nonconforming structures and subject to the exception aforementioned). This article shall also not be interpreted, construed or enforced in a manner so as to restrict the exercise of any rights and/or remedies, or to impose greater duties than those granted or imposed, under Articles 16 and 18 of the Town Law of the State of New York respecting the protection of nearby or adjacent properties, their owners, occupants, including residents thereon or the community in general.
Town of Tully code enforcement, animal control, zoning enforcement and/or any police agency personnel shall have the authority to inspect any property housing any small livestock and/or domestic fowl, to determine compliance and issue such violations or, where authorized by law or otherwise by the Town Board, to take such actions as provided under § 100-24 following.
Any person not conforming to the provisions of this article
(and subject to any required notice as described herein) shall be
guilty of a violation.
A.
First violation. Such person shall receive written or verbal warning
by any one of the above-named officers or personnel, notifying the
owner of the offense and that such owner must come into compliance
within 10 days. Inspection will be performed following the 10th day
(or such lesser period if under emergency or urgent circumstances)
by Town of Tully personnel. If the owner or other responsible person
is not in compliance, such person will be guilty of a second violation.
B.
Second violation; subsequent or multiple violations. The Town may
seek to prosecute such individual on such violation and, in doing
so, on a finding of guilt, may seek a fine of up to $250 per violation;
provided, however, there shall be a minimum fine of $50. Each week
that an offense continues will be considered a separate offense. The
Town may also seek civil remedies, including for injunctive relief
in a court of competent jurisdiction.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstances is adjudged
invalid, illegal or unconstitutional by any arbitrator, tribunal or
court of competent jurisdiction, such order or judgment shall be confined
in its operation to the clause, sentence, paragraph, subdivision,
section or part of this article or in its application directly involved
in the controversy in which such decision, judgment or order shall
have been rendered and shall not affect or impair the validity of
the remainder of this article or the application thereof to other
persons or circumstances. Further, if and to the extent legally permitted,
in adjudging such invalid, illegal or unconstitutional provision,
the court or other person(s) or body having jurisdiction over the
parties, subject matter and such action or proceeding related to same,
following a determination of illegality, unconstitutionality or invalidity
and specifying the nature of same, shall before fashioning any remedy
direct the parties to negotiate for a period not to exceed 14 days
in good faith to agree upon a modification of such to a provision
which is not invalid, illegal or unconstitutional and which best achieves
the intent of such provision in part and/or in a modified provision
in order to give legal and enforceable effect to the intent of the
Town Board in having enacted such invalid, illegal or unconstitutional
provision as part of this article. Failing same, to the extent legally
permitted, the arbitrator, tribunal or court shall attempt to fashion
such a provision or provisions pursuant to the foregoing.
This article shall take effect upon the date of its filing in
the office of the Secretary of State.
