[HISTORY: Adopted by the Town Board of the Town of Oneonta 9-11-1991 by L.L. No. 2-1991. Amendments noted where applicable.]
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.
A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
FARMER
Any person, organization, entity, association, partnership or corporation engaged in the practice of agriculture, whether for profit or otherwise, including the cultivation of land, raising of crops, raising of livestock and the grazing of pasture.
FARMLAND
Land used primarily for bona fide agricultural production of those items and products set forth in the Agriculture and Markets Law of New York, § 301.
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.
A. 
No person, group, entity, association, partnership or corporation will engage in any conduct or act in any manner so as to intentionally, knowingly and deliberately interfere with, prevent or in any way deter the reasonable practice of farming within the Town of Oneonta.
B. 
Notwithstanding any other provision of this chapter, agricultural activities conducted on farmland, if consistent with recognized agricultural practices and established prior to surrounding nonagricultural activities, are presumed to be reasonable and do not constitute a nuisance unless the activity has a substantial adverse effect on the public health and safety. No commercial agricultural or farming operation, place, establishment or facility shall be or shall become a nuisance as a result of changed conditions in or around the locality of such agricultural or farming operation, place or establishment.
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.