[Adopted 12-14-1999 by Ord. No. 290-1999[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. VI, Keeping of Cattle, Swine or Fowl, adopted 12-11-1972
by Ord. No. 329-1972, as amended.
The Council of the City of New Rochelle hereby
finds that the keeping, permitting, harboring and/or raising of farm
animals, including but not limited to those of the equine, swine,
bovine, ruminant and avian species on parcels of land with inadequate
size and setbacks within the jurisdiction of the City of New Rochelle
causes offensive odors which interfere with the quality of life of
the public, property values and the public health, safety and welfare
of the community.
A.
No person shall keep, permit, harbor or raise a farm animal including but not limited to those of the equine, swine, bovine, ruminant and avian species, on a parcel of land comprising less than two acres with not less than one acre of land for each such animal and not less than 50 feet from the property line of an adjacent residential property within the jurisdiction of the City of New Rochelle, except that any such animal which is kept, permitted, harbored or raised on residentially zoned property comprising less than two acres but exceeding one acre in size for each such animal on the date of adoption of this article and which complies with all of the regulations set forth in Subsection B below within 30 days of adoption of this article may remain but may not be replaced by another farm animal.
B.
The owner of any farm animal, including but not limited
to those of the equine, swine, bovine, ruminant, and avian species,
who has kept, permitted, harbored or raised the same on residentially
zoned property comprising less than two acres but exceeding one acre
in size for each such animal prior to the effective date of this article
and the owners of such property shall comply with the following within
30 days of adoption of this article:
An offense against the provisions of this article
shall be punishable by a fine of not more than $250 for each and every
day a violation exists and continues or by imprisonment for not more
than 15 days, or both.
If any clause, sentence, paragraph or part of
this article shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy and in which such judgment shall have been rendered.[1]
[1]
Editor's Note: Former Art. VII, Pit Bull Terriers,
adopted 9-14-1987 by Ord. No. 256-1987, which immediately followed
this section, was repealed 6-19-2001 by Ord. No. 130-2001.