[HISTORY: Adopted by the Town Board of the
Town of Guilderland as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-11-1974 as Ch. 4, Art.
III, of 1974 Code]
This article shall be known and may be cited
as the "Ordinance Controlling, Regulating and Restricting the Keeping
of Swine Within the Town of Guilderland, Albany County, New York."
As used in this article, the following terms
shall have the meanings ascribed to them:
Whenever the linear distance of a structure or area from
a lake, pond, stream, swamp, spring area, highway or dwelling is mentioned,
it is intended to mean the shortest horizontal distance from the nearest
point of the structure or area to the high-water mark of the lake,
pond, stream, swamp or spring area, or to the highway line, or to
the nearest point of the dwelling.
Any building or structure established or maintained as temporary
or permanent living quarters for human beings.
Waste animal or vegetable matter from homes, institutions,
restaurants, hotel kitchens and vegetable markets or fruit markets,
and offal from abattoirs and packing houses.
Any existing Town, county or state highway, road or street.
Excrement from swine.
Land, with or without buildings, owned by or under the control
of any person, on which swine are housed, stabled or quartered.
Pigs or hogs in excess of eight weeks of age.
Any establishment that raises more than 10 hogs or raises
any number of hogs for the purpose of sale, barter or exchange.
The provisions of this article controlling,
regulating and restricting the keeping of swine within the Town have
been adopted for the purpose of promoting the health and general welfare
of the residents of the Town. It is intended to prescribe reasonable
rules and regulations governing the raising of swine within the Town
and to prohibit the establishment of any new swine or hog farms within
the Town.
This article shall apply to all premises located
in the Town upon which swine are being kept on June 19, 1962. The
owner or operator of any such premises shall have 30 days after July
2, 1962, to make an application for a permit required by this article.
The owner or operator of any such premises shall have a period of
60 days after making application for the permit within which to make
the necessary arrangements to conform to the requirements of this
article. The permit shall be granted only on the condition that the
requirements of this article are complied with within 60 days after
making the application.
No person, being the owner or occupant of any
land or premises within the Town, shall use or permit the use of his
land or premises for the keeping of swine without obtaining a permit
therefor, as provided in this article.
No permit required by this article shall be
issued to any person to keep swine within the Town except upon premises
being used for the raising of swine on June 19, 1962.
A.Â
The application for a permit required by this article
shall be in writing, signed by the applicant, and shall state:
(1)Â
The name and address of the applicant.
(2)Â
The name and address of each partner, if the applicant
is a partnership.
(3)Â
The name and address of each officer and director,
if the applicant is a corporation.
(4)Â
A statement of the total acreage of the farm or premises.
(5)Â
The name and address of the owner or owners of the
premises.
B.Â
Each application for a permit required by this article
shall be accompanied by a complete plan satisfactorily showing the
layout of the farm, the location, size and arrangement of all brood
and shelter houses, feeding areas, feeding platforms and pens and
the location of any lakes, ponds, streams, swamps or spring areas,
upon or adjacent thereto, if there are any. The application shall
state the type of construction of the brood and shelter houses and
of the feeding platforms. The plan shall show the linear distance
to the nearest highway or road and to the nearest dwelling house other
than that occupied by the applicant, or by such applicant's employees,
if any, residing on the premises.
A.Â
Each application for a permit required by this article
shall be filed with the Town Clerk, who shall thereupon transmit the
same to the Health Officer. The Health Officer shall, after investigation,
transmit the application to the Town Board, together with his written
approval or disapproval thereof, or recommendations pertaining thereto.
All applications shall, after such investigation, be approved or rejected
by the Town Board, after which the application shall be filed with
the Town Clerk, and the applicant notified, in writing, by the Town
Clerk of the action taken thereon.
B.Â
The Town Clerk, upon the written application for a
license required by this article and upon the approval of the application
by the Health Officer and by the Town Board, shall issue the permit
sought to become effective from the date thereof and to continue in
force for the term specified therein, but in no event longer than
through the last day of December next succeeding, for the use of the
premises therein specified for the keeping of swine. The permit shall
specify the maximum number of swine to be kept on the premises at
any one time, which number shall be based upon the acreage and facilities
existing at the date of application. Such permit shall not be transferable
or assignable.
The issuance of a permit pursuant to this article
shall not be deemed to waive compliance by the holder thereof or by
the property owner with any statute of the state or ordinance or health
regulation of the Town.
A.Â
Density of swine population. The density of swine
population shall not exceed 30 swine per acre based upon the total
acreage of the premises, and in no case shall the total number of
swine housed, stabled, quartered or herded exceed 500 on any one premises.
B.Â
Fencing. All premises shall be so fenced that swine
shall be effectively prevented from leaving or escaping from such
premises.
C.Â
Distance from highways and dwellings. All shelter
houses and feeding areas shall be at least 200 feet from the nearest
highway and 200 feet from the nearest existing dwelling house other
than the dwelling house occupied by the person keeping the swine or
by any of his employees. Shelter houses and feeding areas shall not
be deemed to include barns used for farrowing purposes.
D.Â
Location of brood houses, feeding areas and shelter
houses. All brood and shelter houses, together with the feeding area,
shall be located on high ground that is well-drained and which does
not become subject to flooding from nearby streams or by accumulated
rain or surface water. In no case shall any brooding house, shelter
house or feeding area be located so that manure or garbage from any
brooding house, shelter house or feeding area may be washed over the
surface of the ground to any lake, stream, swamp or spring area.
E.Â
Pens. Individual pens shall be provided for each brood
sow at farrowing time. The minimum size of the farrowing pens should
be 36 square feet for gilts and 49 square feet for large sows.
F.Â
Construction of brood and shelter houses. All brood
and shelter houses shall be so constructed that all parts thereof
are accessible for cleaning.
G.Â
Feeding areas. All feeding areas shall be properly
fenced in order to permit swine to be excluded from such areas so
that the areas can be effectively cleaned.
H.Â
Feeding platforms.
(1)Â
Whenever garbage is fed to swine, watertight feeding
platforms shall be provided in such feeding areas. The feeding platforms
when made of lumber shall be on skids and have a rail six inches to
eight inches high to prevent the garbage from being shoved off the
platform. Concrete platforms can be provided with curbs six inches
to eight inches high. The total area of the feeding platform to be
provided shall not be less than three square feet per swine based
upon the maximum number of swine to be maintained. Each platform shall
be sloped to permit drainage to one point so that liquids from the
platform can be disposed of by means of a leaching bed. An adequate
water supply shall be provided for washing and cleansing of the feeding
platform, and such washing shall be disposed of beneath the surface
of the ground through suitable leaching pits or subsurface absorption
pits. After each daily feeding period, all refuse remaining on the
platform together with that spilled on the surface of the ground shall
be removed and shall be disposed of by one of the following methods:
(a)Â
Placed in a trench or pit in the ground with
at least four inches of soil immediately thrown over the refuse.
(b)Â
Transported daily to the Town incinerator for
burning.
(c)Â
Placed in a pile at least 200 feet from any
dwelling, residence or highway with at least four inches of soil immediately
thrown upon the surface.
(2)Â
The feeding platforms shall be cleaned immediately.
Refuse from feeding pens or feeding platforms shall not be placed
in piles or remain unburied or uncovered for periods exceeding 12
hours.
I.Â
Handling of garbage collected for purpose of feeding swine. All containers used for transporting garbage through the Town shall be immediately cleaned after use thereof, and the cleaning water, together with the refuse therefrom, shall be disposed of as provided in Subsection H of this section. Garbage delivered to premises for the feeding of swine shall be forthwith placed upon the feeding platform or stored in airtight containers until it is fed to the swine as above provided. Garbage shall not be piled or stored upon the premises, except as provided in this section, for a period of more than one hour after delivery.
J.Â
Immunization against hog cholera. All swine to which
garbage is fed shall be immunized against hog cholera.
K.Â
Disposal of manure. Manure, including animal droppings
and bedding from all brood and shelter houses, shall be removed at
least weekly and shall be properly and promptly disposed of. In the
spring and fall months, disposal may consist of distributing it over
farmlands that are used yearly for farm purposes. In cases where the
manure from swine together with bedding is not distributed in the
spring and fall months on lands used yearly for farm purposes, it
shall then be disposed of as follows: It shall either be placed in
pits and trenches and immediately covered with not less than four
inches of earth or it shall be scattered over the surface of the ground
and plowed under within 24 hours. In no case shall such manure, together
with bedding, be placed or scattered over the surface of the ground
within 1,000 feet of any residence other than that of the holder of
a permit issued pursuant to this article or that of an employee of
such holder residing on the holder's premises, unless the manure and
bedding is plowed under within 24 hours after being so scattered.
The police officers of the Town, the Health
Officer, the Chief Building Inspector and Zoning Coordinator and any
other duly authorized agent or employee of the Town shall have the
right at any reasonable time to enter upon premises on which swine
are kept, and shall have the right at all times to inspect all parts
of the premises.
If a police officer, Health Officer, Chief Building
Inspector and Zoning Coordinator or any authorized representative
of the Town finds that any premises upon which swine are kept is not
being maintained in a clean and sanitary condition and in accordance
with the provisions of this article, such facts shall be reported
to the Town Board, and the Town Board may direct the Town Clerk to
serve an order, in writing, upon the holder of the permit issued pursuant
to this article or the person in charge of the premises, directing
that the conditions therein specified be remedied within five days
after the date of service of the order. If the conditions are not
corrected after the expiration of the five-day period, the Town Board
may cause a notice, in writing, to be served upon the holder of the
permit or the person in charge of such premises, requiring the holder
of the permit to appear before the Town Board at a time to be specified
in the notice, and show cause why the permit issued pursuant to this
article should not be revoked. The Town Board may, after a hearing
at which the testimony of witnesses may be taken and the holder of
the permit shall be heard, revoke the permit if the Town Board shall
find that the premises are not being maintained in a clean and sanitary
condition or if the Town Board finds that any provision of this article
has been violated or for such other further and sufficient cause.
Upon the revocation of the permit, the premises shall forthwith cease
to be used for the keeping of swine, and all swine shall be removed
therefrom.
Application for the renewal of any permit issued
pursuant to this article shall be filed with the Town Clerk on or
before the first day of December next preceding the expiration of
the permit. Upon the approval of the application for a renewal of
the permit by the Health Officer and the Town Board, the Town Clerk
shall issue a renewal permit which shall become effective upon the
expiration of the prior permit and continue in force for the term
specified therein, but in no event longer than for a period of one
year. The renewal permit shall not be transferred or assigned.
Any person who violates any provision of this article shall be guilty of a violation against this article and shall be punishable as set forth in Chapter 1, General Provisions, Article III. In addition, the violation of this article or of any of the provisions thereof shall subject the person violating this article to a civil penalty not to exceed $250, and, when a violation of this article or any of its provisions is continuous, each 24 hours thereof shall constitute a separate and distinct violation, which penalty shall be recovered by the Town in a civil action. The application of the penalties prescribed in this section or any prosecution for the violation of the provisions of this article shall not be deemed to prevent the revocation of any permit or the forcible removal of conditions prohibited by this article.
[Adopted 12-7-2010 by L.L. No. 4-2010[1]]
[1]
Editor’s Note: This local law also repealed former Art.
II, Control of Dogs and Cats, adopted 9-14-1982 by L.L. No. 5-1982
(Subpart 16 of the 1974 Code), as amended. Local Law No. 4-2010 also
provided that it would take effect when filed in the Office of the
Secretary of the State of New York but would not be implemented before
1-1-2011.
The Town Board of the Town of Guilderland finds that licensed
and unlicensed dogs running at large and exhibiting other uncontrolled
behavior have caused physical harm to persons, damage to property
and have created nuisances within the Town of Guilderland. The purpose
of this article is to protect the health, safety and well-being of
persons and property by imposing restrictions on the keeping and running
at large of dogs within the Town of Guilderland, to provide for the
care and disposition of abandoned, lost, strayed, homeless or unwanted
animals and to establish fees for the issuance of dog licenses that
are consistent with the rights and privileges of dog owners and the
rights and privileges of other citizens of the Town of Guilderland.
This article is enacted pursuant to the provisions of Article
7, Chapter 59; Part T of the Agriculture and Markets Law and the Municipal
Home Rule Law of the State of New York. In the event of any conflict
between the New York State Agriculture and Markets Law and this article,
the provisions of the New York State Agriculture and Markets Law shall
take precedence. This article may, pursuant to the New York State
Agriculture and Markets Law and § 10 of the New York State
Municipal Home Rule Law, be more stringent than the standards set
forth in the New York State Agriculture and Markets Law, and supersede
the Agriculture and Markets Law to the extent such Agriculture and
Markets Law is silent upon any matter herein regulated, stated, or
required.
The title of this article shall be the "Animal Control Law of
the Town of Guilderland."
As used in this article, the following words shall have the
following respective meanings:
A person or persons appointed by the Town of Guilderland
for the purpose of enforcing this article or Article 7 of the Agriculture
and Markets Law.
Male and female, licensed and unlicensed, members of the
species canis familiaris.
All feces, excrement, manure, dung or solid waste matter
discharged by a dog.
To provide food or shelter to any dog.
A tag issued by the Town of Guilderland which sets forth
an identification number, the names of the Town of Guilderland and
the State of New York, contact information, including the telephone
number, for the Town of Guilderland and any other information deemed
appropriate by the Town of Guilderland.
The person or persons entitled to claim lawful custody and
possession of a dog who is responsible for purchasing the license
for such dog unless the dog is or has been lost, and such loss was
promptly reported to an Animal Control Officer and a reasonable search
has been made. If a dog is not licensed, the term "owner" shall designate
and cover any person or persons, firm, association, or corporation,
who or which at any time owns or has custody or control of, harbors,
or is otherwise responsible for any dog which is kept, brought or
comes within the Town of Guilderland. Any person owning or harboring
a dog for a period of one week prior to the filing of any complaint
charging a violation of this article shall be deemed to be the owner
of such dog for purposes of this article. In the event that the "owner"
of any dog found to be in violation of this article shall be under
18 years of age, the head of the household in which said minor resides
shall be deemed to have custody and control of said dog and shall
be responsible for any acts of the said dog in violation of this article.
Any police officer employed by the Town of Guilderland and
any other police officers or peace officers under contract to the
Town of Guilderland or having jurisdiction within the Town of Guilderland.
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
The Town of Guilderland.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A.Â
Run at large. Any dog that is not on private land with the knowledge,
consent and approval of the owner of such lands must be on a leash
and under the full control of such owner or person. For the purpose
of this section, a dog or dogs hunting in the company of a hunter
or hunters shall be considered as accompanied by its owner and may
be off leash. This subsection shall not apply in the case of a dog
kept, maintained or harbored in any area of the Town zoned for agricultural
use under the provisions of any ordinance or local law of the Town;
provided, however, that no such owner shall permit or allow such dog
to attack, chase, harass, molest, worry, injure or kill any dogs,
cats or other household pets, deer, cattle, horses, poultry or other
livestock.
[Amended 1-17-2012 by L.L. No. 2-2012]
B.Â
Engage in habitual and loud howling, barking, crying or whining or
conduct as to unreasonably and habitually disturb the comfort or repose
of any person other than the owner of such dog that lasts continually
for a period of 10 minutes or intermittently for a period of 30 minutes.
C.Â
Uproot, dig, or otherwise damage any vegetables, lawns, flowers,
garden beds, or other property without the consent or approval of
the owner thereof.
D.Â
Chase, jump upon or at or otherwise harass any person in such manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm.
E.Â
Habitually chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway, or place, or upon private
property without the consent or approval of the owner of such property.
F.Â
Create a nuisance by defecating, urinating or digging on public property,
or on private property without the consent or approval of the owner
of such property.
G.Â
Be off the owner's premises unrestrained by a leash, unless in a
designated Town dog park.
[Amended 1-17-2012 by L.L. No. 2-2012]
H.Â
Deposit any fecal matter on any Town public roadway, gutter, sidewalk, public park or other public area, or private property without the consent of the landowner, unless such fecal matter is immediately removed from the property by gathering said fecal matter in a suitable container and disposing of it in a safe and sanitary manner. The provisions of this Subsection H shall not apply to any individual who requires the use of a Seeing Eye dog, or any disabled persons who, because of their disability, cannot adhere to its requirements.
I.Â
Be at
the Western Turnpike Golf Course at any time.
[Added 1-17-2012 by L.L. No. 2-2012]
All premises occupied or used by dogs shall be kept in a clean,
safe and sanitary condition. Failure to provide adequate food, water
or space shall subject dogs to seizure and confinement. For purposes
of this section, "premises" shall include any motor vehicle occupied
by a dog, and "adequate" shall mean sufficient for age, size and number
of dogs on the premises. Failure to provide adequate food, water or
shelter shall subject the owners or harborers of dogs to the enforcement
provisions of Article 26 of the New York State Agriculture and Markets
Law.
A.Â
License required. All dogs in the Town must be licensed with the
Town Clerk by the age of four months in a form prescribed by the Town
Clerk and are required to present a current certificate of rabies
at the time of licensing or the renewal of an existing license showing
that the dog has been vaccinated to prevent rabies or, in lieu thereof,
a statement certified by a licensed veterinarian stating that because
of old age or other reason, the life of the dog would be endangered
by the administration of the vaccine.
B.Â
Expiration of license. All dog licenses will be for a period of one
year and will expire at the end of the month one year from the date
of issue.
C.Â
Fees for licensing of dogs. The fee for a spayed or neutered dog
and the fee for an unspayed or unneutered dog shall be as set forth
on a fee schedule[1] maintained by the Town Clerk, which fees shall include
the New York State surcharge for the purpose of carrying out animal
population control. Such fees are subject to being reviewed by the
Town Board periodically and may be changed by a resolution of the
Town Board, if deemed necessary.
[1]
Editor's Note: Said fee schedule is on file in the Town
offices.
D.Â
Enumeration fee. If the Town Board determines the need for dog enumeration,
such a fee, as set forth on a fee schedule maintained by the Town
Clerk, will be assessed to all dogs found unlicensed or renewed at
the time the enumeration is conducted.
E.Â
Purebred license. The Town will not issue purebred or kennel licenses.
All dogs shall be licensed individually as per the fee system stated
above.
F.Â
Service dogs. Any guide, service, hearing or detection dog shall
be licensed in the same manner as any other dog, but there shall be
no fee for such licensing.
G.Â
Animal shelter. Any dog seized or impounded at the Town animal shelter
may also be licensed and issued an identification tag by the Town
animal shelter.
H.Â
Purchase, renewal of license. All dog licenses may be purchased by
visiting the Town offices or by regular mail. If licensing or renewing
a license by mail, the appropriate fee must accompany the forms.
I.Â
Use of fees. All fees shall be used only for administering and enforcing
this article and for the controlling of dogs and enforcing the provisions
of Article 7 of the New York State Agricultural Law.
J.Â
Senior reduced fee. In lieu of the fee imposed by Subsection C of this section, a dog owner who is 65 years of age or older shall be charged a reduced dog license fee as set forth on a fee schedule maintained by the Town Clerk. In the event that the dog is owned by more than one person, each such owner must be 65 years of age or older for this reduced fee to apply.
K.Â
Failure to license. The local penalty for failure to license a dog
shall be $150.
L.Â
Fees nonrefundable. There will be no refund of fees.
M.Â
Notification requirement. The owner of any licensed dog shall notify
the Town Clerk:
N.Â
Exemptions.
(1)Â
Any dog harbored within the Town which is owned by a resident of
New York City and licensed by the City of New York, or which is owned
by a nonresident of New York State and licensed by a jurisdiction
outside the State of New York, shall, for a period of 30 days, be
exempt from the licensing and identification provisions of this article.
(2)Â
No license is required for a dog confined to a public or private
hospital devoted solely to the treatment of sick animals, or confined
for the purpose of research by any college or other educational or
research institution.
(3)Â
No license is required for dogs confined to the premises of any person,
firm or corporation engaged in the business of breeding or raising
dogs for profit and licensed as a Class A dealer under the Federal
Laboratory Animal Welfare Act.
A.Â
Any dog impounded and made available for adoption under the provisions of § 118 of the Agriculture and Markets Law, and any other animal seized under the provisions of § 120-23 of this article and not redeemed in accordance with the provisions for redemption of dogs under § 118 of the Agriculture and Markets Law, may be released from custody for adoption upon payment to the Town Clerk or Town animal shelter of a fee as set forth on a fee schedule[1] maintained by the Town Clerk and upon entering into a
written agreement with the Town which includes the following terms
and conditions:
(1)Â
That the dog has been spayed or neutered as evidenced by a certificate
signed by a licensed veterinarian or an affidavit signed by the owner
showing that the dog has been spayed or neutered, unless such certificate
or affidavit is already on file with the Town Clerk or Animal Control
Officer. In lieu of the spay or neuter certificate, an owner may present
a statement certified by a licensed veterinarian stating that such
veterinarian has examined the dog and found that because of old age
or other reason, the life of the dog would be endangered by spaying
or neutering; or
(2)Â
That the person intending to adopt a dog which has not yet reached
sexual maturity has executed a written agreement with the Town, or
its designee, to have the dog spayed or neutered within 30 days of
the dog reaching six months of age as set forth in the written agreement.
[1]
Editor's Note: Said fee schedule is on file in the Town
offices.
B.Â
For purposes of this section, the age of the animal at the time of
adoption shall be determined by the Town animal shelter or Animal
Control Officer that releases the animal for adoption, and such age
shall be clearly written on the agreement by the Town, or its designee,
prior to the agreement being executed by the person adopting the animal.
C.Â
The revenues from such adoption fees shall be used only for administering
and enforcing this article and for the controlling of dogs and enforcing
the provisions of Article 7 of the New York State Agricultural Law.
A.Â
This article shall be enforced by the Animal Control Officers and
police officers, and such officers shall have all of the powers conferred
upon Animal Control Officers by Article 7 of the Agriculture and Markets
Law of the State of New York.
B.Â
C.Â
The Animal Control Officer or police officer observing a violation
of this article in his or her presence may issue and serve an appearance
ticket for such violation.
D.Â
Any person who observes a dog in violation of this article may file
a written complaint under oath with a police officer, Animal Control
Officer, or Justice of the Town, specifying the nature of the violation,
the date thereof, a description of the dog and the name and a residence,
if known, of the owner of such dog. Such complaint may serve as a
basis for enforcing the provisions of this article. Upon receipt of
a written, signed complaint, the Animal Control Officer shall notify
the owner or harborer of the dog, by letter by certified mail or in
person, of the objectionable conduct. Failure to accept such letter
by the owner or harborer of the dog does not invalidate the notification.
E.Â
Upon reasonable belief by the Animal Control Officer that there has
been a violation of this article or Article 7 of the Agriculture and
Markets Law of the State of New York, such Animal Control Officer
shall issue an appearance ticket requiring the owner or harborer of
the dog to appear before a Town Justice.
F.Â
No person shall hinder, resist or oppose any Animal Control Officer
or police officer authorized to administer or enforce the provisions
of this article in the performance of such officer's duties under
this article.
G.Â
A daily boarding fee and a fee for seizure and impoundment of dogs
in violation of this article or the laws of the New York State Department
of Agriculture and Markets Law are as set forth on a fee schedule[1] maintained by the Town Clerk.
[1]
Editor's Note: Said fee schedule is on file in the Town
offices.
H.Â
Upon request or instruction from a police officer, the Animal Control
Officer may seize any animal found abandoned or not properly cared
for or lost, strayed, homeless or unwanted and cause the same to be
examined by a licensed veterinary surgeon and destroyed pursuant to
the provisions of § 374 of the Agriculture and Markets Law,
or treated if such animal is found upon such examination to be not
so maimed, diseased, disabled or infirm as to be unfit for any useful
purpose; provided, however, that the Town shall not be liable for
any fees or expenses incurred in connection with any repair or treatment
of such animal by such veterinary surgeon unless such repair or treatment
shall be approved and authorized by the Chief Fiscal Officer of the
Town. In addition to this, the owner of any dog that is destroyed
under the provisions of this article, whether destroyed by an Animal
Control Officer or police officer or released to an authorized humane
society or veterinarian, shall not be entitled to any compensation,
and no action shall be maintainable thereafter to recover the value
of such dog or any other type of damage.
Any person convicted of a violation of this article shall be deemed to have committed a violation and shall be subject to a civil penalty as set forth in Chapter 1, General Provisions, Article III. The penalties herein provided shall be in addition to those prescribed in § 119 of the Agriculture and Markets Law.
