[Adopted 6-25-2014 by L.L. No. 3-2014]
This article shall hereinafter be known and cited as the "Right-to-Farm
Law of the Town of Ogden."
For the purpose of this article, the terms used are defined
as follows:
AGRICULTURAL PRACTICES
All activities conducted by a farmer on a farm to produce
agricultural products and which are inherent and necessary to the
operation of a farm and the on-farm production, processing and marketing
of agricultural products, including but not limited to the collection,
transportation, distribution, storage and land application of animal
wastes, storage, transportation and use of equipment for tillage,
planting and harvesting, irrigation, fertilization and pesticide application;
storage and use of legally permitted fertilizers, limes and pesticides,
all in accordance with local, state and federal laws and regulations
and in accordance with manufacturers' instructions and warnings;
storage, use and application of animal feed and foodstuffs; construction
and use of farm structures and facilities for the storage of animal
wastes, farm equipment, pesticides, fertilizers, agricultural products
and livestock, for the sale of agricultural products, and for the
use of farm labor, as permitted by local and state building codes
and regulations, including the construction and maintenance of fences.
AGRICULTURAL PRODUCTS
Those products as defined in § 301(2) of Article
25-AA 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, farmed deer, farmed buffalo, fur-bearing animals,
milk, eggs and furs.
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.
FARM OPERATION
Shall be defined in § 301(11) in the State Agriculture
and Markets Law.
FARM WOODLAND
Includes land used for 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, the raising of livestock or the harvesting
of timber or the practicing of horticulture or apiculture.
FARMLAND
Land used in agricultural production, as defined in Subdivision
4 of § 301 of Article 25-AA of the State Agriculture and
Markets Law.
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
Those practices which are feasible, lawful, inherent, customary,
necessary, reasonable, normal, safe and typical to the industry or
unique to the commodity as they pertain to the practices listed in
the definition of "agricultural practices."
MEDIATION
A voluntary and consensual process in which farmers and others
involved in a dispute concerning agricultural practices or farm operations,
at their discretion and with the assistance of an impartial mediator,
jointly seek to resolve differences and reach agreements.
MEDIATOR
A person who has been certified as a mediator under the guidelines
of the New York State Unified Court System community dispute resolution
centers program and is familiar with disputes involving agricultural
practices or farm operations, or a person who has equivalent qualifications
or certification.
This article and its provisions are in addition to all other
applicable laws, rules and regulations.