The people of the State of New York have, in the New York State
Constitution, Article IX, Section 2, delegated the responsibility
to local governmental units to adopt regulations designed to promote
the public health, safety, and the general welfare of its citizenry.
More particularly, the Municipal Home Rule Law of the State of New
York at § 10 grants to local governments the power to adopt
and amend local laws.
The keeping of farm animals and fowl on residential property must be incidental to the primary use of the property as a dwelling. Limited numbers of farm animals and fowl may be allowed for the benefit of the homeowner, principally for food, as pets and riding, and not as a business or commercial use. These regulations do not apply to property utilized for an "agricultural use" as defined by Chapter
275, Zoning, of the Code of the Town of Sullivan.
This article shall apply to all areas of the Town of Sullivan
outside of the Village of Chittenango.
The following terms as used in this article are defined and shall have the meanings as hereinafter provided, unless otherwise expressly stated or the context or subject matter requires otherwise. In addition, the definition set forth in Chapter
275, Zoning, shall likewise be applicable to this article unless otherwise expressly stated or the context or subject matter requires otherwise.
DOMESTIC ANIMALS
The animals identified by name in the following definitions,
other than domestic pets, as well as any of the various animals adapted
by humans to live and breed in domestication.
DOMESTIC PETS
Dogs, cats, canaries, parakeets, parrots, and other animals
and fowl commonly treated and considered as house pets, housed indoors
and not prohibited by state and federal law.
EXOTIC ANIMALS
Animals defined as exotic animals by state and federal law.
FISH and WILDLIFE
Fish and wildlife as defined by the Fish and Wildlife Law
of the State of New York.
FOWL
Chickens, ducks, geese, turkeys, swan, guinea fowl, pea fowl,
pheasants, quail, and other fowl similar to the foregoing.
LARGE FARM ANIMALS
Horses, mules and donkeys of 10 hands or more, cattle oxen,
alpacas, llamas, and other domestic animals of comparable size.
MEDIUM FARM ANIMALS
Horses, mules and donkeys of less than 10 hands, goats, domestic
swine, and other domestic animals of comparable size.
RESIDENTIAL PROPERTY
A parcel of property on which is located one or more dwellings, and which does not meet the definition of "agricultural use" as defined in Chapter
275, Zoning.
SMALL FARM ANIMALS
Rabbits, mink, chinchillas, and other domestic animals of
comparable size.
The keeping of farm animals, fowl, domestic pets and domestic
animals on residential property, whether or not in an Agricultural
District, must not unreasonably interfere with the rights and privileges
of neighboring residential uses. To accomplish this goal the following
criteria shall apply, to wit:
A. All large, medium and small farm animals, and fowl must be contained
within the subject property by a fence or building structure.
B. Fencing must be five feet from the property line and to the rear
of the lot behind the dwelling on the subject and adjacent property.
C. Animal waste must be kept a minimum of 50 feet from the adjacent
property line or contained within an enclosed structure more than
25 feet from the adjacent property line.
D. Animal housing, barns, chicken coops, hutches must be a minimum of
25 feet from rear/side property lines and to the rear of the dwelling
on the subject and adjacent property.
E. The property must be kept at a level of cleanliness so as not to
be a source of flies and vermin.
F. All large, medium, and small farm animals, fowl, domestic pets and
domestic animals must be kept in a sanitary environment, cared for
according to good animal husbandry standards and must be maintained
disease free to the greatest possible extent.
The keeping of wildlife and exotic animals on any parcel of real property within the Town of Sullivan is prohibited, excepting when a special use permit has been issued by the Planning Board of the Town of Sullivan for the use permitted by Chapter
275, Zoning, and the required permit or permits have been issued by the State of New York and the United States of America.
The Town Board shall name an Appeals Committee (the "Farm Animals Appeals Committee") consisting of three individuals to interpret and construe the terms and provisions of this article in the event an interpretation is requested by a Town official or the Dog or Animal Control Officer, or the aggrieved person, and to hear appeals by an aggrieved person as to the enforcement of the provisions of §
105-28. Any aggrieved person requesting an interpretation or appeal must do so, in writing, within 30 days of the enforcement of the applicable provision of this article, stating the provision or provisions to be construed or appealed and the reasons for the construction or appeal, accompanied by the payment of a fee to the Town of Sullivan in the amount of $25. The Appeals Committee shall meet and consider the construction or hear the appeal, as the case may be, within 30 days from the receipt of the foregoing prerequisites and shall make their decision, in writing, within 10 days thereafter. The person appealing shall have the opportunity to be heard at the hearing which hearing shall be open to the public and duly noticed.