[HISTORY:[1] Adopted by the Board of Trustees of the Village of West
Carthage 4-8-2013 by L.L. No. 4-2013. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 45, Fences, adopted 10-22-1979 by
L.L. No. 6-1979, was repealed 8-11-1997 by L.L. No. 8-1997.
No person shall breed, raise, harbor or maintain any farm animal,
including but not limited to horses, ponies, goats, cows, sheep, llamas,
alpacas, pigs, donkeys or any other animal commonly considered a farm
animal, with the exception of tax parcel 86.47-1-40, which is zoned
dairy farm/agricultural. This section shall not apply to domesticated
pets, which are defined as dogs, cats, fish, reptiles, rabbits and
caged birds customarily kept in the home.
It shall be unlawful for any person, firm or corporation to
own, harbor, keep, raise or maintain any hen chickens or ducks within
the limits of the Village of West Carthage without first obtaining
a permit subject to the approval of the Board of Trustees of the Village
of West Carthage.
Each application shall be submitted on an official Village form
and accompanied by a permit fee of $5, which shall not be refundable
and may be amended by the Board of Trustees from time to time. One
application will cover all such allowed hen chickens or ducks at a
certain residence.
A permit issued as provided in this chapter shall expire on
December 31 of the year in which the same was issued. A permit issued
as provided in this chapter shall not be transferable.
Permits for the purposes contained in § 45-2 shall be uniform and may, in the discretion of the Board of Trustees, contain provisions and conditions which, in its judgment, may be essential for the welfare and benefit of the people of the Village.
A.
Any permit for purposes contained in § 45-2 may be revoked and annulled by the Board of Trustees upon proof of a violation of any provision of this chapter.
B.
The proof shall be taken before the Board of Trustees upon notice
of not less than two days to show cause why such permit should not
be revoked. The Board shall hear the proofs and allegations of the
case and determine the same summarily, and no appeal shall be taken
from its determination.
C.
Any person whose permit shall have been revoked or annulled shall
not thereafter be entitled to a permit under any of the provisions
of this chapter.
D.
On an examination pursuant to notice to show cause, as aforesaid,
the permittee may be a witness in his own behalf.
A.
No more than six hen chickens or ducks shall be allowed for each
single-family dwelling or multifamily dwelling.
B.
No chicken hens or ducks shall be allowed in multifamily or duplex
dwellings without the written consent of the property owner and all
tenants.
C.
No roosters shall be allowed.
D.
The coops or cages housing such chicken hens or ducks may not be
located in front yard or side street yard areas, and coops or cages
must be located a minimum of 10 feet from any side or back property
line and at least 20 feet from the nearest dwelling not owned by the
applicant.
E.
A separate zoning permit must be approved for any fence or cages,
coops and enclosures that are not permanently attached to the ground
or to another structure and do not exceed 32 square feet in area or
five feet in height. For any cage, coops or enclosure of larger dimensions
there must be submitted an application to Jefferson County for a building
permit, in addition to the Village of West Carthage zoning permit.
F.
Chicken hens and ducks shall be kept as pets and for personal use
only; no person shall sell eggs or meat or engage in breeding or fertilizer
production for any commercial purpose. Slaughtering of any hen chicken
or duck must be performed within an enclosed structure and not visible
to other residents or passersby.
A.
The chicken hens or ducks shall be kept within both a coop and a
fenced outdoor enclosure.
B.
The chicken or duck coop must be covered, predator resistant and
well ventilated and provide a minimum of two square feet per bird.
The outdoor enclosure shall be adequately fenced to contain the chickens
or ducks and to protect them from predators and shall provide at least
10 square feet of area for each bird.
C.
The coop, cage and/or outdoor enclosure shall be cleaned on a regular
basis to prevent the accumulation of animal waste. Such waste, pending
disposal, shall be kept or stored in tightly covered metal containers,
or in such a manner as shall be approved by the Board of Trustees,
so as not to create a nuisance.
D.
Chicken hens and ducks shall be kept only in conditions that limit
odors and noise so as not to cause a nuisance to occupants of nearby
buildings or properties and to comply with applicable provisions of
both the New York State and Jefferson County sanitary codes.
E.
Chicken hens and ducks shall not be kept in a manner that is injurious
or unhealthful to them.
Village of West Carthage Code Enforcement, Animal Control, Zoning
Enforcement and/or Police Department personnel shall have the authority
to inspect any property housing permitted hen chickens or ducks to
determine compliance regarding this chapter.
[Added 2-10-2014 by L.L.
No. 2-2014]
Any owner, lessee, agent, tenant, or person who shall neglect
or refuse to obtain a permit or otherwise comply under the provisions
of this chapter or with any notice served by mail or otherwise under
the provisions of this chapter or who shall resist or object to authorized
efforts in enforcement of this chapter shall be guilty of an offense
and shall be subject to a penalty not exceeding $300 for each and
every violation. Each such person or entity shall be deemed guilty
of separate offenses for each day or in which they are in violation,
disobedience, omission, neglect or refusal to comply with this chapter.
In addition thereto, a violation of this chapter constitutes disorderly
conduct, and a person violating the same shall be deemed a disorderly
person.
[Added 2-10-2014 by L.L.
No. 2-2014]
In addition to the above-provided penalties, the Village Board
of Trustees may also maintain an action or proceedings in the name
of the Village in a court of competent jurisdiction for the violation
of this chapter.
