Town of Colonie, NY Confinement of Livestock

This article is to promote the health, safety and general welfare of the people of the Town of Colonie, New York, including the protection of the property of the Town and its inhabitants, and the preservation of peace and good order by imposing restrictions upon the keeping and running at large of certain livestock within the Town.

§ 79-28 Definitions.

As used in this article, the following terms shall have the meanings indicated:

LIVESTOCK

Any animals raised for food, product or sale. This term shall also include the following, regardless of purpose: all animals with hooves, either single or split; all members of the ovine (sheep), bovine (cows and cattle), caprine (goats), equine (horses and ponies), and swine (pigs and hogs) families; emus, rheas and ostriches; and all poultry (chickens, roosters, turkeys, ducks, geese and the like).

[Amended 4-6-2017 by L.L. No. 4-2017]

PERSON

Any individual, corporation, partnership, association or other similar entity.

§ 79-29 Confinement required.

Every owner and/or custodian of livestock shall keep such animals securely and safely confined upon the owner's own or leased lands by adequate fencing or other lawful restraints.

No person who is the owner or has custody of any livestock, as defined in this article, shall permit or allow any such animal to go upon any private property or public or private way in the Town of Colonie owned by any person other than the owner or custodian of said livestock, without the express permission of the owner of said property or public or private way.

§ 79-30 Presumption.

If any livestock are found unattended on public or private ways or on public or private lands other than lands owned by the owner or custodian of such livestock, it shall be presumed that the owner failed to confine or restrain such livestock in a proper manner as required in this article. The burden of proving proper confinement or restraint shall be upon the owner of such animals.

§ 79-31 Seizure of unconfined livestock.

Any animal which shall be found running at large within the Town of Colonie in violation of this article may be seized by any animal control officer, peace officer or police officer of the Town. Said animal shall thereupon be delivered to an authorized impoundment agency employed or designated by the Town and may be redeemed by the owner thereof upon payment to said impoundment agency of a redemption fee of $20 plus a fee of $5 for each day or part thereof that said animal is confined. If not redeemed within five days after seizure thereof, the owner of said animal shall forfeit all title or right to the same, and the animal shall be offered for adoption or destroyed as provided by law.

§ 79-32 Penalties for offenses.

Any person who fails to comply with the provisions of this article shall be guilty of a violation punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment.

§ 79-33 Chickens.

[Added 11-20-2014 by L.L. No. 13-2014]

In a single-family residential district, chickens are permitted, subject to the following minimum regulations:

(1)

Chickens may be raised accessory to a principal single-family residence.

(2)

Chickens may be raised solely for noncommercial purposes.

(3)

No more than six chickens are permitted on any parcel.

(4)

Roosters are prohibited. Breeding of chickens on site is prohibited.

(5)

The raising of chickens shall be subject to all applicable sanitary, noise, and property maintenance regulations, ordinances, and laws.

(6)

Any odor associated with the raising of the chickens shall not be perceptible beyond the property line of the premises where the chickens are being raised.

(7)

Chicken waste shall not be composted or mulched on site.

(8)

Chicken feed must be stored in secure containers and must not attract rodents, vermin, deer, or pests of any type.

(9)

Chickens must be kept in coops or fully enclosed runs at all times. Chicken coops and runs must be constructed so that chickens cannot fly over any fence or wall or otherwise escape from the coop or run.

(10)

Chicken coops and runs must be constructed of acceptable building materials in accordance with local and state building standards.

(11)

Building permits must be obtained for the construction of chicken coops and runs.

(12)

Chicken coops may not be larger than 20 square feet, and runs may not be larger than 20 square feet. Coops and runs may not exceed 48 inches in height.

(13)

Chickens coops and runs are not permitted in front or side yards.

(14)

No more than one coop and one run is permitted on any parcel.

(15)

Chicken coops and chicken runs shall be located at least 15 feet from any property line.

Failure to comply with these provisions shall be a violation, which shall be punishable by a fine of not more than $200. Each day that a violation continues shall be deemed a separate offense. The Building Department Manager and his or her designees are authorized to issue appearance tickets for any violation of this section.

§ 79-34 Raising of livestock, noncommercial.

[Added 4-6-2017 by L.L. No. 4-2017]

The raising of livestock for noncommercial purposes, except for chickens as otherwise regulated in this article and except for two beehives per parcel, shall be subject to the following standards:

(1)

The lot size shall be five acres or more;

(2)

Structures for the housing of livestock must be located a minimum of 50 feet from any property line;

(3)

Livestock must be fenced or otherwise enclosed a minimum of 50 feet from any property line.

Notwithstanding compliance with this section, it shall be unlawful for any owner to keep any animals in such a manner as to cause any unhealthy condition, interfere with the normal use and enjoyment of others, or interfere with the normal use and enjoyment of any public property or property of others.