[HISTORY: Adopted by the Town Board of the Town of Hamburg
as indicated in article histories. Amendments noted where applicable.]
[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.
(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.
