No person, firm or corporation shall establish, operate or maintain any commercial enterprise for the raising and keeping of ducks within the Town of Southold, Suffolk County, New York, without first obtaining written permission of the Town Board after filing written application therefor with the Town Clerk.
No person shall raise or keep ducks for personal or family use in excess of 100 without first obtaining written permission of the Town Board.
Applications for the permit required by § 83-1 above shall be on forms provided by the Town Clerk and shall include, among other things, the following information:
The number of ducks proposed to be raised.
Provisions for the collection and disposal of all waste matter.
In addition to the above information, the Town Board may require such other information as will enable it to make a proper determination, including the submission of a sketch of the property in question and of all property within 200 feet, showing:
In arriving at a determination regarding the issuance of a permit to raise or keep ducks as a commercial enterprise, the Town Board shall be guided by all pertinent ordinances, local laws and regulations of the Town, and, in particular, the Zoning Ordinance. In no case, however, shall a permit be granted if a building, structure or enclosure containing ducks is located nearer than 50 feet to a property line or dwelling or nearer than 100 feet to a street line.
No person, firm or corporation shall cause, allow or permit waste matter resulting from the raising and keeping of ducks to be deposited in any waters or lands under water, the control of which is vested in the Town of Southold or the Board of Trustees of the Town of Southold.
[Amended 7-31-1973 by L.L. No. 1-1973]
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.
In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article.