[HISTORY: Adopted by the Board of Trustees of the Village
of Haverstraw 5-3-2016 by L.L.
No. 4-2016. Amendments noted where applicable.]
A wire enclosure connected to a henhouse for the purpose
of allowing chickens to leave the henhouse while remaining in an enclosed,
predator-safe environment.
A structure for the sheltering of female chickens. An existing shed or garage can be used for this purpose if it meets the standards contained in Article II, Domesticated Chickens, including the required distance from property lines.
The purpose of this article is to provide standards
for the keeping of domesticated chickens. It is intended to enable
residents to keep a small number of female chickens on a non-commercial
basis while limiting the potential adverse impacts on the surrounding
neighborhood. The Village recognizes that adverse neighborhood impacts
may result from the keeping of domesticated chickens as a result of
noise, odor, unsanitary animal living conditions, unsanitary waste
storage and removal, the attraction of predators, rodents, insects,
or parasites, and non-confined animals leaving the owner's property.
This article is intended to create licensing standards and requirements
that ensure that domesticated chickens do not adversely impact the
neighborhood surrounding the property on which the chickens are kept.
An annual permit is required for the keeping
of any domesticated chickens in the Village of Haverstraw. Additionally,
a specific building permit is required for the construction of a henhouse
and chicken pen.
A.
The annual permit to keep chickens is specific to
the requestor and may not be assigned. In the event that the holder
of a permit is absent from the property for longer than 60 days, the
permit shall automatically terminate and become void.
B.
The first permit year shall be June 1, 2016 through
December 31, 2016. Thereafter the permit year shall be January 1 through
December 31. In the first permit year, no more than 10 permits shall
be issued. In each subsequent permit year, 10 more permits may be
issued in addition to permits issued to previous applicants.
The fee for an annual permit to keep chickens
is $25. In addition to the annual fee there shall be a building permit
required for the construction of a permanent henhouse and/or chicken
pen.
Chickens shall be kept as pets and for personal
use only; no person shall sell eggs or engage in chicken breeding
or fertilizer production for commercial purposes. The slaughtering
of chickens is prohibited.
A.
Chickens must be kept in an enclosure or fenced area
at all times. During daylight hours, chickens may be allowed outside
of their chicken pens in a securely fenced yard if supervised. Chickens
shall be secured within the henhouse during nondaylight hours.
B.
Enclosures must be clean, dry, and odor-free, kept
in a neat and sanitary condition at all times, in a manner that will
not disturb the use or enjoyment of neighboring lots due to noise,
odor or other adverse impact.
C.
The henhouse and chicken pen must provide adequate
ventilation and adequate sun and shade, as well as protection from
pests and predators.
D.
Henhouses.
(1)
A henhouse shall be provided and shall be designed
to provide safe and healthy living conditions for the chickens while
minimizing adverse impacts to other residents in the neighborhood.
(2)
The structures shall be enclosed on all sides and
shall have a roof and doors. Access doors must be able to be shut
and locked at night. Opening windows and vents must be covered with
predator- and birdproof wire of less than one-inch openings.
(3)
The materials used in making the structure shall be
uniform for each element of the structure such that the walls are
made of the same material, the roof has the same shingles or other
covering, and any windows or openings are constructed using the same
materials. The use of scrap, waste board, sheet metal, or similar
materials is prohibited. The henhouse shall be well maintained.
(4)
The structure exterior shall be uniform in appearance,
and shall be in harmony with the surrounding area.
(5)
Henhouses shall only be located in rear yards. For
a corner lot or other property where no rear yard exists, a side yard
may be used as long as the setbacks generally applicable in the zoning
district are met. In no case may a henhouse be placed in the front
yard.
(6)
Henhouses shall be located a minimum of 25 feet from
any dwelling structure.
(7)
If a henhouse is proposed to be located less than
five feet from any side or rear property line, the Code Enforcement
Officer shall notify abutting property owners by mail at least 20
days before issuing a permit, except that the permit may be issued
in fewer than 20 days if all abutters have responded before the expiration
of that time. If a henhouse is proposed to be located within five
feet from the side or rear property line, the burden of proof is on
the applicant to demonstrate that the proposal will meet the criteria
of this article and will not adversely impact the use or enjoyment
of abutting properties.
E.
Chicken pens. An enclosed chicken pen must be provided
consisting of sturdy wire fencing that prevents intrusion by predators.
The use of chicken wire is not permitted.
Only motion-activated lighting may be used to
light the exterior of the henhouse.
The property owner shall take necessary action
to reduce the attraction of predators and rodents and the potential
infestation of insects and parasites. Chickens found to be infested
with insects and parasites that may result in unhealthy conditions
to human habitation shall be removed by the Animal Control Officer
or the Health Department.
Chickens must be provided with access to feed
and clean water at all times; such feed and water shall be unavailable
to rodents, wild birds and predators.
Provision must be made for the storage and removal
of chicken manure. All stored manure shall be covered by a fully enclosed
structure with a roof or lid over the entire structure. All manure
not used for composting or fertilizing shall be removed. In addition,
the henhouse, chicken pen and surrounding area must be kept free from
trash and accumulated droppings. Uneaten feed shall be removed in
a timely manner.
The Code Enforcement Officer shall issue a permit
if the applicant has demonstrated compliance with the criteria and
standards in this article.
A.
The Code Enforcement Officer shall deny a permit if
the applicant has not demonstrated compliance with all provisions
of this article.
B.
A permit to keep domesticated chickens may be suspended
or revoked by the Code Enforcement Officer where there is a risk to
public health or safety or for any violation of or failure to comply
with any of the provisions of this article or with the provisions
of any other applicable ordinance or law.
C.
Any denial, revocation or suspension of a permit shall
be in writing and shall include notification of the right to and procedure
for appeal.
A person appealing the issuance, denial, suspension
or revocation of a permit by the Code Enforcement Officer may appeal
to the Board of Appeals within 30 days of the decision being appealed.
In addition to any other enforcement action
which the Village may take, violation of any provision of this article
shall be a civil violation, and a fine not exceeding $500 may be imposed.
Each day that a violation continues will be treated as a separate
offense.
A.
In addition to the penalty stated above, any violation
of the provisions of this article or of the permit shall be grounds
for an order from the Code Enforcement Officer to remove the chickens
and the chicken-related structures.
B.
The Code Enforcement Officer may also order the removal
of the chickens upon a determination that the chickens pose a health
risk.
C.
If a chicken dies, it must be disposed of promptly
in a sanitary manner.
