[HISTORY: Adopted by the Town Board of the Town of Hamburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 100.
Farming — See Ch. 110.
Zoning — See Ch. 280.
[Adopted 6-25-2012 by L.L. No. 2-2012]
In respect to the keeping of animals within the Town of Hamburg, it is the intent of this article to contribute to the overall preservation of public peace, health and good order in the Town of Hamburg and as a safeguard to the public welfare and protection of property and residents by enforcing certain regulations and restrictions on activities of animals within the Town.
A. 
It shall be unlawful to harbor, house, keep, maintain, care for or stable any horse, mare, donkey, mule, cattle, sheep, swine, mink, goats, poultry or more than six cats within the limits of the Town of Hamburg on any property located outside the Residential-Agricultural zoning district.
B. 
A permit may be granted by the Town for any person desiring to harbor, house, keep, maintain or care for poultry of the female gender not to exceed six in number, provided the following conditions exist:
(1) 
Such people seeking the required permit must reside on a Town-recognized single-family residence property.
(2) 
The subject premises/property must fully comply with the minimum area requirements as specified in Chapter 280, Zoning, Article VIII, R-1 Single-Family Residence District, minimum lot size, §§ 280-32A(1), B(1), C, 280-34A, B and C.
(3) 
All pens, runways, coops or any other spaces or areas of confinement for the poultry cannot be nearer than 10 feet to any adjoining property line or 25 feet nearer than any bordering residence. All coops, confinements or enclosures are prohibited to be located in the front yard of such property.
Any person who meets the aforementioned specified conditions and desires to procure a permit under this article shall make application to the Town Clerk upon a form as furnished by the Town and grant to the Town, its officers, agents and employees, the right to enter in upon the premises and property designated in said application for the purpose of making an inspection. In addition, the applicant must provide to the Code Enforcement Official a current legal survey of the property and plan which accurately depicts subject premises, including any proposed improvements.
Upon the filing of the application and the granting of the right of entry for the inspection, it shall be the duty of the Code Enforcement Official, or whoever the Town Board designates, to make an inspection of the premises and property and review of survey for which the permit is requested and file his report and recommendations with the Town Clerk as to the approval or rejection of said application.
Upon approval of said application by the Code Enforcement Official, the Town Clerk shall, upon the payment of a fee as established from time to time by the Town Board, issue a permit good until revoked or otherwise terminated as hereafter provided. No permit shall be assignable or transferable.
It shall be the duty of the Code Enforcement Official, or whoever the Town Board shall designate, to make inspections from time to time and such other inspections as directed by the Town Board of the premises and property for which the permit was issued to ascertain whether or not said premises are maintained in accordance with the provisions of this article.
It shall be the duty of the Code Enforcement Official to report all violations of the provisions of this article and other provisions of the code, the public health Law of the county and state, and the rules and regulations of all applicable laws and codes of the Town, to the proper authorities.
The Town Board, Code Enforcement Official or Town duly appointed designee, agent or representative shall have full power and authority to revoke and terminate any permit issued hereunder for the holder's failure to comply with any of the provisions of this article and of any other and all provisions of this Code, ordinances, rules and regulations now existing or as may be hereafter enacted or promulgated in any manner affecting the health, comfort and welfare of the public and residences of the Town of Hamburg.
The premises and property where said horse, mare, donkey, mule, cattle, sheep, swine, mink, goats, cats in excess of six, or poultry are housed must be kept at all times in a clean, properly ventilated, wholesome, sanitary condition and free from offensive odors. All accumulation or collection of manure and other refuse derived from the keeping of animals, swine and fowl must be disposed of in an appropriate and sanitary manner.
No owner of, or other person having custody of, or who harbors, houses, keeps, maintains or cares for, any dog, cat, horse, cattle, sheep, swine, or other animal shall suffer or permit any such animals to run at large on any property open to the public, or on any property not owned or leased by the owner, or without the owner's permission.
It shall be the duty of the Code Enforcement Official, Dog Control Officer, Town Police or whoever the Town Board shall designate to enforce the regulations as specified under this article.
Unless otherwise stated, violation of any provision of these regulations shall be punishable by a fine not to exceed $250. The provisions of these regulations may be enforced utilizing the procedures contained in General Municipal Law, as a noncriminal alternative.
This article shall become effective immediately upon its enactment by the Town Board, after proper filing with the offices of the state Comptroller and the Secretary of State.