[HISTORY: Adopted by the Board of Trustees of the Village
of Naples as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-21-2013 by L.L. No. 3-2013]
As used in this article, the following terms shall have the
meanings indicated:
The duly appointed Code Enforcement Officer of the Village
of Naples.
Any structure, whether affixed to the land or not, located
upon premises and built, designed, and maintained for the purpose
of housing hens.
That portion of the yard between the street and the wall
of the structure which corresponds to the property's street address
and shall extend on a line even with that wall to the property lines.
A female chicken of any age.
A.
No person shall be allowed to keep hens within the Village except
upon the issuance of a license by the Code Enforcement Officer and
upon payment of a license fee which shall be set from time to time
by resolution of the Village Board.
B.
The application for the license shall be made to the Village Clerk
upon a form to be provided by the Village. It shall be the responsibility
of the Code Enforcement Officer or other person designated by the
Village Board to make an inspection of the premises for which the
application is being made to insure that the applicant is in compliance
with the provisions of this article prior to the issuance of the license.
A.
All hens and roosters shall at all times be kept in a secure coop
or yard constructed, enclosed, and maintained so as to prevent the
hens from running at large upon any street, sidewalk, or public place,
or upon the premises of any other person.
B.
Each hen or rooster shall have at least four square feet of floor
space when kept in a coop and at least four square feet of space in
addition thereto as and for a runway.
C.
The enclosure or pen shall be regularly cleaned so as to keep the
coop or yard in a safe, sanitary condition and to minimize the potential
for offensive odors, flies, or other nuisances which might affect
neighboring properties. All food shall be kept in secure, rodentproof
containers.
D.
If hen manure is to be stockpiled upon the premises, it shall be
stored in a covered container or covered by a tarp. No manure shall
be placed at the curb for Village pickup. No manure shall be allowed
to escape into any stream or other watercourse or onto any neighboring
property.
E.
All coops, enclosure fences, or manure piles shall be at least 25
feet away from any dwelling or other structure used for continuous
daily human occupation.
F.
The holder of the license shall be deemed to have given his or her
consent to periodic inspections by the Village of the premises to
insure compliance with the conditions of the license. The Village
shall give a license holder at least 24 hours' notice of any
inspection to be performed.
G.
The license shall continue to be valid unless revoked by the Code
Enforcement Officer. No license shall be transferrable or assignable.
A.
The license may be revoked by the Code Enforcement Officer for a
violation of any of the provisions of this article. The holder of
the license shall be served with a written notice of the alleged violations,
either personally or by regular mail, and shall be given 15 days from
the date of delivery or mailing of the notice to correct the violation(s).
Upon the license holder's failure to correct the violations,
the Code Enforcement Officer may revoke the license. If the license
is revoked, the owner must immediately remove the hens or roosters
from the premises and may not apply for a new permit for a period
of one year from the date of revocation.
B.
In addition to the license revocation procedure, any person or corporation
found to be in violation of this section shall be guilty of a violation
and shall be subject to a fine of up to $250 or a term of imprisonment
for up to 15 days per violation, or both such fine or imprisonment.
Each day that a violation shall occur shall constitute a separate
and distinct offense.
This article shall not apply to any person who is the owner
of a parcel of land which is included in Ontario County Agricultural
District No. 1, and which parcel of land would be considered to be
part of an agricultural operation as defined by New York State Law.
[Adopted 7-17-2019 by L.L. No. 3-2019[1]]
[1]
Editor's Note: This local law was originally adopted as Ch.
304, but was renumbered to maintain the alphabetical organization
of the Code.
As used in this article, the following terms shall have the
meanings indicated:
Any member of the species Canis Familiaris.
It shall be unlawful for any person owning, harboring, keeping,
or having the custody and control of a dog to suffer, permit, or allow
such dog to commit any nuisance by defecating upon property of the
public or of another unless such person shall immediately pick up
after the dog and properly dispose of the dog's feces.
Any person who shall be found guilty of a violation of § 16-8 shall be liable to pay a fine of not less than $50 for the first offense, not less than $75 for the second offense, and not less than $100 for each subsequent offense occurring within a twelve-month period.
