[HISTORY: Adopted by the Town Board of the Town of Coeymans 10-15-2020 by L.L. No. 12-2020. Amendments noted where applicable.]
The purpose of this chapter is to regulate the conditions for the keeping of farm animals or fowl so as to protect the residents of the Town of Coeymans from nuisance and to maintain compatibility with suburban life.
[Amended 7-13-2023 by L.L. No. 7-2023]
It shall be unlawful for any person to keep or maintain any farm animal or fowl within the Commercial and Business Zoning Districts of the Town of Coeymans. Additionally, it shall be unlawful for any person, except as provided herein, to keep or maintain any farm animal or fowl within the residential zoning districts located within the Hamlet of Coeymans, which includes all properties located within the Town of Coeymans west of the Hudson River, and north of the Albany County/Greene County boundary line, and south of Industrial Park Drive, and east of the Village of Ravena boundary line. For purposes of this chapter, "farm animal or fowl" shall include cows, cattle, horses, ponies, donkeys, mules, pigs, goats, sheep, chickens, roosters, ducks, geese, or other animals or fowl usually known as "farm animals" but not solely limited to the aforementioned and not including common household pets.
The owner or primary occupant of any dwelling may be permitted to keep on the lot containing the dwelling a maximum of six hens, provided that:
A. 
The property has 200 square feet of total lot area exclusive of buildings for the keeping of two hens, with an additional 100 square feet for every additional hen up to the maximum of six hens permitted;
B. 
No person shall keep any rooster (male chicken);
C. 
The hens shall be provided with a clean, covered, well-ventilated enclosure that is secure from predators and is cleaned regularly to prevent the accumulation of animal waste, feathers, and uneaten food;
D. 
The hens must be kept in the covered enclosure or within a fenced area at all times;
E. 
No enclosure for the hens shall be located closer than 25 feet to an occupied residential dwelling and located no closer than 15 feet from any lot line of an adjoining lot; provided, however, such setback can be reduced upon submission of written permission from the owner of any adjoining lot that is closer than 15 feet from the lot line to the planned location of the hen enclosure;
F. 
The total area of all coops or enclosures on a lot shall not be greater than 200 square feet for up to six hens. Coops or enclosures shall not exceed seven feet in height, and coops shall be subject to any and all permits deemed necessary by the Building Department;
G. 
All coops or enclosures shall provide a minimum of four square feet per hen, and a run shall have a minimum of eight square feet;
H. 
No part of the enclosure or coop for hens shall be located in front of the front wall plane of a building or side wall plane of a building facing a street.
I. 
Hens shall be fed only from a trough or appropriate container. Scattering of food on the ground is prohibited. Any feed not in use shall be kept in a sealed ratproof container;
J. 
The person has obtained a coop permit from the Town Building Department and maintains a facility for keeping hens in compliance with the issuance criteria;
K. 
There shall be no outdoor slaughtering of hens;
L. 
All hens are subject to the unnecessary and unusual noises provisions set forth in the Code of the Town of Coeymans;
M. 
Any person who keeps hens under this chapter shall comply with all Town and New York State laws, ordinances, and regulations regarding care, shelter, sanitation, health, noise, cruelty, neglect, reasonable control, and any other requirements pertaining to the adequate care and control of animals in the Town;
N. 
Any person with preexisting hens and/or coops shall have up to 180 days to become compliant with the terms and conditions of this chapter;
O. 
Any person with preexisting roosters shall have up to 30 days to become compliant with the terms and conditions of this chapter;
P. 
Any person may make application to the Town Code Enforcement Officer for a special permit allowing up to 12 hens on the property, provided that the application includes a signed statement from each adjoining or adjacent property owner of their approval of the application. Each application shall be subject to review and approval by the Town Code Enforcement Officer in their sole discretion.
A. 
The Town Building Department is hereby authorized and directed to establish an application and permit for the construction of a coop for the keeping of hens consistent with the provisions of this chapter;
B. 
The application for such permit shall be at no charge, but must be accompanied by the following information and documentation;
(1) 
The name, phone number and property address of the applicant and the property owner, if different;
(2) 
The location of the subject property;
(3) 
The number of hens the applicant seeks to keep on the property;
(4) 
A description of any coops or cages that will house the hens, together with a description of any fencing, barriers or enclosures surrounding the boundaries of the property;
(5) 
A scaled drawing of the property showing the precise location of cages, coops, enclosures, fences and barriers in relation to property lines and to structures on adjacent properties;
(6) 
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 hens as described in the license application;
(7) 
Any additional information the Town Building Department may require to determine whether the application and proposed keeping of hens will comply with the requirements of this chapter.
C. 
No more than one license may be issued for each parcel of property;
D. 
The Town Building Department shall issue a permit upon determining that the application is complete and that the information provided reasonably demonstrates that the proposed structure and keeping of hens will be consistent with the provisions of this chapter. The Town Building Department may impose such conditions as he or she may deem necessary to ensure compliance with this chapter;
E. 
Permits shall be effective only for the calendar year in which they are issued. A permit shall renew upon satisfactory annual inspection of the structure by the Building Inspector.
F. 
The Town Building Inspector may, in his discretion, approve preexisting coops as long as they substantially comply with the provisions of this chapter.
A. 
All facilities for keeping hens shall be open for inspection with 48 hours prior notice by an Animal Control Officer, the Building Department, any Police Department with jurisdiction, or an agent thereof. If an inspection reveals that any provision in this chapter is violated, the Building Inspector shall give written notice to the keeper of the hens, specifying the violation and requiring that the violation be corrected within 48 hours, or within such reasonable time period as determined by the Building Department or an agent thereof and as set forth in written correspondence. If the violation is not corrected within the period specified, the Building Department or an agent thereof shall issue a fine or may revoke the specified permit in accordance with this chapter.
B. 
If, after 48 hours or such reasonable time period as determined by the Building Department or an agent thereof, the violation persists, the Building Department or an agent thereof shall issue a letter stating the violation and shall issue a fine of $150 per violation for a first offense, and provide an additional fifteen-day period from the date of the letter to correct such violation. If a person or entity is found to be in violation of this chapter beyond the initial fifteen-day period or found to be in violation for a second or subsequent time, the Building Department or an agent thereof shall issue a letter stating the violation and impose a fine of $300 per violation, and provide a fifteen-day period from the date of the letter within which to correct the violation. A person or entity being found in violation of this chapter for a third offense shall have their permit revoked.
C. 
The Town Building Department may revoke any permit upon determining that the facility for keeping hens no longer meets the conditions required for the issuance of a permit or that the permit was issued upon fraudulent or untrue representations or that the person holding the permit has violated any of the foregoing provisions.
D. 
Any fines levied under this chapter shall be in addition to any other provisions for enforcement contained in this Code.