This chapter shall be known as the "Town of Oneonta Right To
Farm Law."
It is the general purpose and intent of this chapter to maintain
and preserve the rural tradition and character of the Town of Oneonta
in recognition of the fact that farming makes a substantial economic
contribution to the Town of Oneonta. It is our intent to permit the
continuation of the practice of farming within the Town of Oneonta,
to protect the existence and operation of established farms and to
encourage the initiation and expansion of farming practices. In recognition
of the fact that there are many practices and activities which are
inherent to and necessary for the practice of farming, it is the specific
purpose and intent of this chapter to attain the aforementioned goals
and objectives by providing that such practices and activities may
proceed and be undertaken free of unreasonable and unwarranted interference
of restrictions. It is also recognized that it is desirable for farmers
to be good neighbors.
Farmers, as well as those employed, retained or otherwise authorized
to act on behalf of farmers, may lawfully engage in farming practices
within the Town of Oneonta at any and all such times and all such
locations as are necessary to conduct the practice of farming. Farming
practices shall include any activity now permitted by law and engaged
in by a farmer, as defined herein, in connection with and in furtherance
of the business of farming and shall include the production, collection,
transportation, distribution and storage of farm products; the collection,
transportation, distribution and storage of animal waste; the storage,
transportation and use of equipment for tillage, planting and harvesting;
the transportation, storage and use of legally permitted fertilizers,
lime and pesticides, all in accordance with local, state and federal
laws and regulations and in accordance with the manufacturer's
instruction and warnings; and the construction of farm structures
and facilities as permitted by local and state building code regulations,
including construction and maintenance of fences.
This chapter and the provisions set forth herein are in addition
to and not in lieu of all other applicable laws, rules and regulations,
which are therefore continued in full force and effect and unaffected
by this chapter. Conversely, this chapter is not intended to contradict
or contravene any law, rule, regulation, restriction or proscription
of the United States, State of New York or County of Otsego which
may now or hereafter obtain.
The provisions of this chapter may be enforced upon the complaint
of any peace officer or other law enforcement agency, as those terms
are defined in the Criminal Procedure Law of the State of New York,
including the Office of the Sheriff of the County of Otsego, enforcement
being available in any court of authorized jurisdiction within the
County of Otsego. Enforcement proceedings shall also include the right
of any complaining party to proceed by injunction or other appropriate
proceeding in civil court.