[HISTORY: Adopted by the Town of Canandaigua
Town Board 5-14-1998 by L.L. No. 2-1998 (Ch. 81 of the 1977 Code). Amendments
noted where applicable.]
This chapter shall be known as the "Town of
Canandaigua Right-to-Farm Law."
It is the general purpose and intent of this
chapter to maintain and preserve the rural tradition and character
of the Town of Canandaigua in recognition of the fact that it makes
a substantial economic contribution to the Town. The intent is to
permit the continuation of the practice of farming within the Town,
to protect the existence and operation of established farms, and to
encourage the initiation and expansion of farming practices. In recognition
of the fact that there are many practices and activities which are
inherent to and necessary for the practice of farming, it is also
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.
No person, group, entity, association, partnership
or corporation will engage in any conduct, or act in any manner so
as to intentionally, knowingly, and deliberately interfere with, prevent,
or in any way deter the reasonable practice of farming within the
Town of Canandaigua.
B.
Notwithstanding any other provision of this chapter,
agricultural activities conducted on farmland, consistent with recognized
agricultural practices, including nighttime hours of operation, are
presumed to be reasonable and do not constitute a nuisance, unless
the activity has a substantial adverse effect on the public health
and safety. No agricultural or farming operation, place, establishment
or facility shall be or shall become a nuisance as a result of changed
conditions in or around the locality of such agriculture or farming
operation, place or establishment.
For the purpose of reducing future conflicts between farmers and nonfarmers, it is necessary for notice to be given to future neighbors about the nature of agricultural practices. The following notice shall be included in applications for permits and on plats of subdivisions submitted for approval pursuant to Chapter 174 of the Town of Canandaigua.
"This property may be near a farm, as defined
in the New York State Agriculture and Markets Law, § 301,
Subsection 11. Sound farming practices may generate dust, odor, smoke,
noise, and vibration."
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