This chapter shall be known as the "Right to
Farm Law of the Town of North Greenbush."
It is the general purpose and intent of this
chapter to maintain and preserve the rural tradition and character
of the Town of North Greenbush, 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.
It is further the intent of this chapter to encourage sound practices
of farming within the Town, to enhance farming and public safety,
and to promote harmony among its farmer and nonfarmer residents.
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 North Greenbush.
Farmers, as well as those employed, retained
or otherwise authorized to act on behalf of farmers shall at all times
conduct their operations consistent with local zoning and land use
laws, § 305 of the New York Agriculture and Markets Law,
and such other laws which may reasonably govern the business of agriculture.
Sound farming practices shall include proper fencing and other measures
necessary to deter livestock from exiting farm properties into roadways
(thereby causing a public safety hazard) as well as practical measures
to ensure that open storage of farm equipment and farm products is
kept a safe distance from roadways and complies with all applicable
zoning and land use laws of the Town concerning setbacks.
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 North Greenbush 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.