[HISTORY: Adopted by the Town Board of the Town of Poestenkill 4-13-1988 by L.L. No.
1-1988 (Ch. 80 of the 1986 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Land use — See Ch. 150.
This chapter shall be known as the "Right to Farm Life Law of
the Town of Poestenkill."
It is the general purpose and intent of this chapter to maintain
and preserve the rural tradition and character of the Town of Poestenkill,
to permit the continuation of the business of farming within the Town,
to protect the existence and operation of established farms and to
encourage the initiation and expansion of farming businesses. In recognition
of the fact that there are many practices and activities which are
inherent to and necessary for the business of farming, it is the specific
purpose and intent of this chapter to attain the aforementioned goals
and objectives by providing that such practices and activities may
proceed and be undertaken free of unreasonable and unwarranted interference
or restrictions.
A.
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meanings they
have in common usage and to give this chapter its most reasonable
application.
B.
FARM
FARMER
FARMING
As used in this chapter, the following terms shall have the meanings
indicated:
A parcel of land as defined in § 150-4 of the Code of the Town of Poestenkill.
Any person, organization, entity, association, partnership
or corporation engaged in the operation of a farm as hereinabove defined.
Any activity conducted, carried out or engaged in by or on
behalf of a farmer which is necessarily or reasonably related or incidental
to the operation of a farm and which is otherwise compliant with the
laws, rules, regulations and restrictions of the United States, the
State of New York and the County of Rensselaer which may now or hereafter
exist and be in force and effect and with the presently existing local
laws, ordinances, rules and regulations of the Town of Poestenkill.
Farmers, as well as those employed, retained or otherwise authorized
to act on behalf of farmers, may lawfully engage in farming practices
within the Town of Poestenkill at any and all such times and at such
locations as are reasonably necessary to conduct the business of farming.
For any farming activity or operation, in determining the reasonableness
of the time, place and methodology of such operation, due weight and
consideration shall be given to both traditional customs and procedures
in the farming industry as well as to advances resulting from increased
knowledge and improved technology.
No person, group, entity, association, partnership or corporation
will engage in any conduct or act in any manner so as to unreasonably,
intentionally, knowingly and deliberately interfere with, prevent
or in any way deter the practice of farming within the Town of Poestenkill.
A violation of this chapter is an offense, punishable by a fine
of not less than $25 nor more than $250. Further, each day's
violation or each day's continuance of a violation shall constitute
a separate offense. In addition, an action to restrain or enjoin any
violation of this chapter may be brought in a court of competent jurisdiction
by any person aggrieved by such violation.
This chapter and the proscriptions and penalties set forth herein
are in addition to and not in lieu of all other applicable laws, rules
and regulations, which are therefore continued in full force and effect
and unaffected by this chapter. Conversely, this chapter is not intended
to contradict or contravene any law, rule, regulation, restriction
or proscription of the United States, the State of New York or the
County of Rensselaer which may now or hereafter obtain nor of the
Town of Poestenkill which may exist as of the date of adoption of
this chapter. Accordingly, to the extent that this chapter may be
contrary to or inconsistent with such other legislation or regulations,
such legislation and regulations shall be deemed continued in full
force and effect and unaffected by this chapter.
