The title of this chapter is the "Town of Mamakating Right to Farm Law."
As used in this chapter, the following terms shall have the meanings
indicated:
AGRICULTURAL PRACTICES
Those practices necessary for the on-farm production, preparation
and marketing of agricultural commodities. Examples of such practices include,
but are not limited to, operation of farm equipment, proper use of agricultural
chemicals and other crop production methods and construction and use of farm
structures.
AGRICULTURAL PRODUCTS
Those products as defined in § 301, Subdivision 2 of Article
25AA of the State Agriculture and Markets Law, including but not limited to:
A.
Field crops, including corn, wheat, rye, barley, hay, potatoes and dry
beans.
B.
Fruits, including apples, peaches, grapes, cherries and berries.
C.
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets
and onions.
D.
Horticultural specialties, including nursery stock, ornamental shrubs,
ornamental trees and flowers.
E.
Livestock and livestock products, including cattle, sheep, hogs, goats,
horses, poultry, llamas, ratites, such as ostriches, emus, rheas and kiwis,
farmed deer, farmed buffalo, fur-bearing animals, milk and milk products,
eggs, furs and poultry products.
F.
Maple sap and sugar products.
G.
Christmas trees derived from a managed Christmas tree operation, whether
dug for transplanting or cut from the stump.
H.
Aquaculture products, including fish, fish products, water plants and
shellfish.
I.
Short rotation woody crops raised for bioenergy.
J.
Production and sale of woodland products, including but not limited
to logs, lumber, posts and firewood.
FARMER
Any person, organization, entity, association, partnership, limited
liability company or corporation engaged in the business of agriculture, whether
for profit or otherwise, including the cultivation of land, the raising of
crops or the raising of livestock.
FARMLAND
Land used in agricultural production, as defined in Subdivision 4
of § 301 of Article 25AA of the State Agriculture and Markets Law.
FARM OPERATION
Shall be defined in § 301, Subdivision 11 in the State
Agriculture and Markets Law.
If any part of this chapter is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this chapter.
The town hereby declares that it would have passed this chapter and each section
and subsection thereof irrespective of the fact that any one or more of these
sections, subsections, sentences, clauses or phrases may be declared unconstitutional
or invalid.
This chapter and its provisions are in addition to all other applicable
laws, rules and regulations.
This chapter shall be effective immediately upon filing with the New
York Secretary of State.