The intent of this article is to preserve the
public peace and good order of the Village of Ballston Spa by the
prohibition of keeping of livestock within the Village which would
create an unsafe environment and a nuisance to the residents and occupants
of the Village.
As used in this article, the following terms
shall have the meanings indicated:
LIVESTOCK
Includes but is not limited to horses, goats, cows, chickens,
ducks, hens, pigs, roosters, ponies, tigers, and lions or any animal
that produces odor, unsanitary conditions, or is a danger or nuisance
to the community.
[Amended 8-12-2019 by L.L. No. 3-2019]
A. It shall be unlawful to keep within the Village of Ballston Spa any livestock, as defined in this article, except at authorized Village events or by any resident who is issued a permit by the Building Inspector which will enable the applicant to maintain up to six female chickens, as designated in the permit. Roosters shall not be permitted within the Village boundaries. The permit may be issued in the discretion of the Building Inspector, provided Subsection
A(1) and
(2) below are demonstrated by the resident, together with any other requirements which shall be included within the permit application.
(1) The
applicant is 18 years or older.
(2) The
applicant has control over or possesses a rear yard area, by deed,
lease, or otherwise, which exceeds 800 square feet, which is not constrained
by buildings, decks, sheds, swimming pools, or other similar structures
and driveways. If an applicant is a tenant in a building of two or
more units, the application must be accompanied by a letter of permission
from the landlord. If the landlord's permission is subsequently withdrawn,
the application will become null and void. If two or more tenants,
sharing the same lot, each seek an application, the yard area must
include an extra 200 square feet for each additional application.
(3) The
applicant pays the required application fee as specified in the Village's
fee schedule.
B. The permit
to allow chickens may remain valid, at the discretion of the Building
Inspector, as long as the applicant complies with the following:
(1) A shelter for hens or nesting house for chicks and fenced yard is required and must be placed in rear yards and will not be positioned closer than 20 feet to any neighboring residence, porches, decks and patios, unless the neighbor provides written authorization which allows the yard and coop to be closer. Neither the nesting house nor fencing shall be considered permanent structures or structures under Chapter
205, Zoning.
(2) The
hens will be enclosed in a fence and/or shelter at all times.
(3) Hens
shall be supplied with water and food at all times and be cared for
in conformity with generally accepted practices. Feed will be laid
out and stored so as not to attract wild animals.
(4) Manure
shall be maintained so as not to be a nuisance to neighbors.
(5) Any
violation of the above requirements cited by the Building Inspector
or Animal Control Officer is to be corrected within three days of
receipt of the citation by any member of the applicant's household
who is of suitable age and discretion.
(6) If
a cited violation is not corrected in three days, or if two notices
of violation within six months have been issued, then the permit to
have hens shall be revoked by the Building Inspector and the hens
removed from the property within five business days.
(7) If
an applicant has had a permit revoked, then that person and all other
members of the applicant's household and/or living at that address
shall not be given a permit to possess hens in the Village for two
years from the date of revocation. An unrevoked permit shall continue
to be effective until the applicant ceases to reside at the residence
stated in the permit or until all permits are terminated by action
of the Village Board of Trustees.
(8) Permission
to possess hens in the Village is a privilege and not a right. It
shall be presumed that the applicant is responsible to care for the
hens.
This article shall be enforced by the Animal
Control Officer or by the Village Police Department or any other enforcement
officer.
Unless as otherwise prescribed by the Agriculture
and Markets Law, a violation of this article shall be punishable by
a sentence of 15 days' imprisonment and/or a fine not to exceed $250.
Each day a violation occurs is considered a separate and distinct
offense and may be charged as such.