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Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[Amended 2-15-2023 by L.L. No. 5-2023]
No person shall allow any horse, cattle, swine, goat, or other animal, owned, possessed, kept or harbored by him to be on or at any highway, street, sidewalk or other public place or off the land or premises of the owner or person keeping, possessing or harboring such animal, unless such animal is tethered or leashed and under the full and immediate control of the person owning, possessing, keeping or harboring it.
No person shall keep, maintain, house or possess within the Town any fowl unless the same shall be at all times securely enclosed within a building, yard or enclosure in such manner as to prevent the running at large or flying out of such fowl.
[Amended 2-23-2010 by L.L. No. 3-2010]
No person shall keep, maintain, house or possess on or in any building, yard or enclosure within the Town:
A. 
More than 30 fowl or fish if such building, yard or enclosure or any part thereof shall be within 200 feet of any residential property (other than the property contained thereon).
B. 
More than 100 fowl or fish if such building, yard or enclosure or any part thereof shall be within 400 feet of any residential property (other than the property contained thereon).
C. 
More than 500 fowl or fish if such building, yard or enclosure or any part thereof shall be within 1,000 feet of any residential property (other than the property contained thereon).
No person shall keep, maintain, house or possess any fowl on or in any building, yard or enclosure within the Town which shall be within 100 feet of the dwelling house or living quarters of any other person.
Nothing contained in §§ 106-12 through 106-14 and in § 106-16 shall be deemed to authorize the keeping of any fowl in violation of the terms or provisions of any ordinance or regulation of the Town.
Nothing contained in §§ 106-12 through 106-15 of this chapter shall be deemed to prohibit the temporary keeping of not more than 200 fowl for resale purposes for periods not in excess of 48 hours, provided that the fowl shall be kept continuously confined in crates, wire coops, cages or other similar enclosures.
[Amended 9-2-2003 by L.L. No. 16-2003]
A. 
General regulations. It shall not constitute a violation of §§ 106-12 through 106-16 of this chapter for any person to keep, maintain, house, possess or allow to fly for exercise fancy pigeons or racing pigeons, provided that such pigeons are so kept as not to constitute a nuisance or to create a hazard to public health or in any manner which either annoys, disturbs, injures or endangers or tends to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of other persons or the public and in compliance with the remaining provisions of this section.
B. 
Specific regulations.
(1) 
Fancy pigeons and racing pigeons are allowed out of the lofts or houses in which they are kept for exercise, for not longer than two hours in the forenoon of any day and for not longer than two hours after noon of any day, except when returning home from a training toss or a race.
(2) 
The lofts or houses in which such pigeons are kept must be cleaned once each day and always maintained in a sanitary condition free of refuse, debris and any other dirt or excess food.
(3) 
Pigeon refuse and pigeon feed must be stored in metal containers and securely covered with metal covers.
(4) 
There shall be at least one square foot of floor space in any loft or house in which such pigeons are kept for each such pigeon kept therein, but in no event shall any person keep, maintain, house or possess more than 100 pigeons on any premises.
(5) 
Said lofts or houses shall be suitably screened from the view of surrounding residences and surrounding streets by a fence or by shrubs, unless said loft or house is located in such a manner as not to be visible from the surrounding residences and surrounding streets.
(6) 
In no event shall said loft or house be located less than four feet from any lot line.
C. 
Permit required.
(1) 
Any person housing or harboring pigeons must obtain a permit from the Town Clerk. No permit shall be issued to any person convicted of a violation of this section. With all applications for permits, the applicant must supply the following:
(a) 
A statement that the applicant has not been convicted of a violation of this section.
(b) 
A survey or diagram showing the proposed location of said loft or house and its distance from said surrounding residences and property lines.
(2) 
The Town Clerk may establish a schedule of fees, to be collected for services rendered in connection with the work of her department and administration of this chapter and for which she deems it necessary to charge and collect a fee.
[Amended 1-2-2020 by L.L. No. 4-2020]
(3) 
If any person is convicted of a violation of this section, said permit shall be revoked.
(4) 
Any person housing or harboring pigeons on the effective date of this section must obtain a permit pursuant to this section. If the location of said loft or house fails to meet the requirements of this section, it may be maintained as a nonconforming use. However, all other requirements of this section must be met. In the event that a nonconforming loft is enlarged or rebuilt after being substantially destroyed, said renovated or enlarged loft must meet all requirements of this section.
D. 
Violations. Failure to comply with any provision of Subsection A, B or C of § 106-17 shall constitute a violation. Penalties for violations shall be governed by Article II, § 1-15.
No person shall keep, house or harbor any livestock, horse, farm animal or draft animal within 100 feet of any dwelling house or place of human habitation.
Any official of the Town charged with the enforcement of the provisions of this chapter shall have the right to enter and inspect at any time any building, structure, yard, enclosure, loft, house or premises necessary for the enforcement of any of the provisions of this chapter.