[Adopted 7-30-1952 by the Town Board]
This article shall be known and may be cited
as the "Ordinance Controlling, Regulating and Restricting the Keeping
of Swine within the Town of Wawayanda, Orange County, New York."
The rules, regulations and provisions hereinafter
set forth controlling, regulating and restricting the keeping of swine
within the Town of Wawayanda have been adopted for the purpose of
promoting the health and general welfare of the residents of the Town
of Wawayanda. It is the intention to prescribe reasonable rules and
regulations governing the raising of swine within the Town and to
regulate the establishment of any new swine hog farms within the Town.
As used in this article, the following terms
shall have the meanings indicated:
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 individual, firm or corporation on which swine are housed,
stabled or quartered.
Pigs or hogs in excess of eight weeks of age.
Any establishment that raises more than six hogs.
No person, firm or corporation being the owner
or occupant of any land or premises within the Town of Wawayanda shall
use or permit the use of said land or premises as a hog farm without
obtaining a permit therefor, as hereinafter provided.
A.
Application for permit.[1]
(1)
The application for each permit to raise swine shall
be in writing and signed by the applicant and shall state the following:
(a)
The name and address of the applicant.
(b)
The name and address of each partner if the
applicant is a partnership.
(c)
The name and address of each officer and director
if the applicant is a corporation.
(d)
A statement of the total acreage of the farm
or premises.
(e)
The name and address of the owner or owners
of such premises.
(2)
Each application 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 any there are.
(3)
The application shall state the type of construction
of the brood and shelter houses and of the feeding platforms.
(4)
The plan shall show the linear distance to the closest
highway or road and to the closest dwelling house other than that
occupied by the applicant or by such applicant's employees, if any,
residing on the premises.
[1]
Editor's Note: The license application form
is available at the Town offices.
B.
Filing of application and submission of the same to
the Town Board and to the Health Officer. Each application shall be
filed with the Town Clerk, accompanied by a fee of $25, 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 such 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.
[Amended 4-8-1993 by L.L. No. 2-1993]
C.
Issuance of permit. The Town Clerk, upon such written
application and upon the approval of the same by the Health Officer
and by the Town Board, shall issue a permit 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 31st day of December next
succeeding, for the use of the premises therein specified for the
keeping of swine. Such permit shall specify the maximum number of
swine to be kept in said premises at any one time, which number shall
be based upon the acreage and facilities existing at the date of the
application. Such permit shall not be transferable or assignable.
A.
Density of swine population. The density of swine
population shall not exceed 50 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.
Distance from highways and dwellings. All shelter
houses, brood houses and feeding areas shall be at least 50 feet from
the nearest highway and 200 feet from the nearest existing dwelling
houses other than the dwelling house occupied by the person keeping
the swine or by any of his employees in the case of existing hog farms.
In the case of hog farms established after the adoption of this article,
said structures shall not be less than 500 feet from any public highway
and not less than 1,000 feet from any such dwelling.
C.
Location of brood and shelter houses. All brood and
shelter houses, together with 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.
D.
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.
E.
Construction of brood and shelter houses. All brood
and shelter houses shall be so constructed that all parts thereof
are accessible for cleaning.
F.
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.
G.
Feeding platforms.
(1)
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 eight inches high to prevent the garbage from being shoved off the platform. Concrete platforms shall be provided with curbs 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 swine to be maintained. Each platform shall be sloped to permit drainage to one point so that the liquids from the platform can be disposed of, and an adequate water supply shall be provided for washing and cleansing the feeding platform or platforms. Such liquids and washings shall be disposed of beneath the surface of the ground through suitable leaching pits or subsurface absorption pits and/or by storing the same in watertight containers enclosed in such manner as to keep out insects and vermin and to be transported away at least weekly and disposed of in a manner provided in Subsection I of this section. After the daily feeding period, all refuse remaining on the platform, together with that spilled on the surface of the ground, shall be removed and disposed of by any of the following methods:
(2)
The feeding platform 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. No garbage or other refuse shall be burned upon the premises.
H.
Handling of garbage collected for the purpose of feeding swine. All containers used for transporting garbage through the Town must be immediately cleaned after use thereof, and the cleaning water, together with the refuse therefrom, shall be disposed of as provided in Subsection G above. 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 above provided for a period of more than one hour after delivery.
I.
Disposal of manure, liquids and refuse. All liquids and refuse specified in Subsection G hereof and not otherwise disposed of as therein provided and all manure, including animal droppings and bedding from all brood and shelter houses, shall be removed at least weekly and shall be properly disposed of. Disposal may consist of distributing it over farm lands that are used yearly for farm purposes. In cases where such liquids, refuse and manure from swine, together with bedding, is not distributed 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 the same 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.
The police officers of the Town of Wawayanda,
the Health Officer and any other duly authorized agent or employee
of said 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 said premises.
If a police officer, health officer or any authorized
representative of the Town of Wawayanda finds that any premises upon
which swine are kept are not being maintained in a clean and sanitary
condition and in accordance with the provisions of this article, such
facts shall thereupon 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 or the person in charge of said premises,
directing that the conditions therein specified be remedied within
five days after the date of service of such order. If such conditions
are not corrected after the expiration of such five-day period, the
Town Board may cause a notice, in writing, to be served upon the holder
of said permit or the person in charge of such premises, requiring
the holder of the permit to appear before the Town Board of the Town
of Wawayanda at a time to be specified in such notice and show cause
why such permit should not be revoked. The Town Board may, after a
hearing at which testimony of witnesses may be taken and the holder
of the permit shall be heard, revoke such permit if such Town Board
shall find that said 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 such permit, the premises shall forthwith
cease to be used for the keeping of swine, and all swine shall forthwith
be removed therefrom.
Application for the renewal of any permit pursuant
to this article must be filed with the Town Clerk on or before the
first day of December next preceding the expiration of said permit.
Upon the approval of said 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. Such renewal
permit shall not be transferred or assigned.
This article shall apply to all premises located
in the Town of Wawayanda upon which swine are being kept on the date
of its adoption. The owner or operator of any such premises shall
have 30 days after this article becomes effective to make an application
for a permit. 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.
[Amended 4-8-1993 by L.L. No. 2-1993]
Any person who violates any provision of this
article shall be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or by both such fine and imprisonment.
In addition, the violation of this article or of any of the provisions
thereof shall subject the person, firm or corporation violating the
same to a civil penalty in the amount of $50, 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, said penalty
to be recovered by the Town of Wawayanda in a civil action. The application
of the above 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.
The issuance of a permit pursuant to the provisions
of this article shall not be deemed to waive compliance by the holder
thereof or by the property owner with any statute of the State of
New York or ordinance or health regulation of the Town of Wawayanda.
