[HISTORY: Adopted by the Board of Trustees of the Village of Naples as indicated in article histories. Amendments noted where applicable.]
Article I Keeping of Hens and Roosters
[Adopted 8-21-2013 by L.L. No. 3-2013]
As used in this article, the following terms shall have the meanings indicated:
- CODE ENFORCEMENT OFFICER
- The duly appointed Code Enforcement Officer of the Village of Naples.
- Any structure, whether affixed to the land or not, located upon premises and built, designed, and maintained for the purpose of housing hens.
- FRONT YARD
- That portion of the yard between the street and the wall of the structure which corresponds to the property's street address and shall extend on a line even with that wall to the property lines.
- A female chicken of any age.
No person shall be allowed to keep hens within the Village except upon the issuance of a license by the Code Enforcement Officer and upon payment of a license fee which shall be set from time to time by resolution of the Village Board.
The application for the license shall be made to the Village Clerk upon a form to be provided by the Village. It shall be the responsibility of the Code Enforcement Officer or other person designated by the Village Board to make an inspection of the premises for which the application is being made to insure that the applicant is in compliance with the provisions of this article prior to the issuance of the license.
All hens and roosters shall at all times be kept in a secure coop or yard constructed, enclosed, and maintained so as to prevent the hens from running at large upon any street, sidewalk, or public place, or upon the premises of any other person.
Each hen or rooster shall have at least four square feet of floor space when kept in a coop and at least four square feet of space in addition thereto as and for a runway.
The enclosure or pen shall be regularly cleaned so as to keep the coop or yard in a safe, sanitary condition and to minimize the potential for offensive odors, flies, or other nuisances which might affect neighboring properties. All food shall be kept in secure, rodentproof containers.
If hen manure is to be stockpiled upon the premises, it shall be stored in a covered container or covered by a tarp. No manure shall be placed at the curb for Village pickup. No manure shall be allowed to escape into any stream or other watercourse or onto any neighboring property.
All coops, enclosure fences, or manure piles shall be at least 25 feet away from any dwelling or other structure used for continuous daily human occupation.
The holder of the license shall be deemed to have given his or her consent to periodic inspections by the Village of the premises to insure compliance with the conditions of the license. The Village shall give a license holder at least 24 hours' notice of any inspection to be performed.
The license shall continue to be valid unless revoked by the Code Enforcement Officer. No license shall be transferrable or assignable.
The license may be revoked by the Code Enforcement Officer for a violation of any of the provisions of this article. The holder of the license shall be served with a written notice of the alleged violations, either personally or by regular mail, and shall be given 15 days from the date of delivery or mailing of the notice to correct the violation(s). Upon the license holder's failure to correct the violations, the Code Enforcement Officer may revoke the license. If the license is revoked, the owner must immediately remove the hens or roosters from the premises and may not apply for a new permit for a period of one year from the date of revocation.
In addition to the license revocation procedure, any person or corporation found to be in violation of this section shall be guilty of a violation and shall be subject to a fine of up to $250 or a term of imprisonment for up to 15 days per violation, or both such fine or imprisonment. Each day that a violation shall occur shall constitute a separate and distinct offense.
This article shall not apply to any person who is the owner of a parcel of land which is included in Ontario County Agricultural District No. 1, and which parcel of land would be considered to be part of an agricultural operation as defined by New York State Law.