[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 11-28-2017 by 4-2017. Amendments noted where applicable.]
Zoning — See Ch. 148.
The Village Board of the Village of Chittenango hereby finds that the keeping of hens can play a role in ensuring a source of local food and a sustainable environment but that the improper maintenance of hens in residential neighborhoods may cause nuisances to nearby residential properties and can create conditions which are unsanitary and unsafe. Therefore, it is the intent of the Village Board, pursuant to Article IX of the New York State Constitution, Article 18 of the General Municipal Law and §§ 10 and 20 of the Municipal Home Rule Law of New York State, to permit and regulate the keeping of hens within the Village of Chittenango. This chapter shall allow the harboring of small flocks of hens, subject to permit, by residents of single-family dwellings. The conditions imposed by this chapter are intended to facilitate the harboring of hens in a manner that is consistent with the residential character of the Village and so as to not cause or contribute to nuisances or pollution or otherwise adversely impact neighboring property owners in any way.
As used in this chapter, the following terms have the meanings indicated:
- CODE ENFORCEMENT OFFICER
- The Village of Chittenango Code Enforcement Officer, or his/her duly authorized representative.
- A permanent or mobile structure that is designed to shelter hens from the weather and predators.
- Any female chicken.
- Any property owner or resident within 300 feet of the property to be affected by said appeal.
- An enclosed, covered area for chickens to roam and eat.
- The Village of Chittenango.
- VILLAGE BOARD
- The Village Board of the Village of Chittenango.
It shall be unlawful for any person, association, group or organization within the limits of the Village to harbor hens without first having obtained, having paid for and having in force and effect a valid, current permit. Roosters (male chickens) are prohibited within the Village.
Any person, association, group or organization interested in harboring hens within the Village limits must submit a completed "Harboring of Hens Permit Application" to the Village Code Enforcement Office.
With the "Harboring of Pens Permit Application," the applicant shall submit:
An up-to-date survey, depicting the property in its current condition and the location of the proposed coop and run;
The written consent of all neighboring property owners situated within 300 feet of the property to be affected; and
A statement affirming that this chapter has been distributed to such neighboring property owners.
An application fee, as prescribed by resolution of the Village Board, shall be charged. Upon payment of the application fee, the completed application shall be provided to the Code Enforcement Officer, who shall arrange for a site inspection of the property.
A permit allowing hens to be harbored may be issued by the Village Board upon confirmation by the Code Enforcement Officer that a site inspection of the property was performed and adequate space exists for the proposed coop and run. Upon issuance of a permit and payment of the permit fee, as prescribed by resolution of the Village Board, a follow-up inspection of the coop and run shall be performed by the Code Enforcement Officer to confirm compliance with this chapter.
The permit shall initially be valid for a period of one year. Subsequent renewals of the permit shall be valid for a period of three years.
The harboring of hens shall only be permitted on an owner-occupied parcel with a single-family dwelling unit situated thereon. If the property for which the permit is requested cannot adhere to all Village building setback requirements and construction guidelines, as outlined in § 92-6 of this chapter, or if the property's lot size does not permit compliance with the dimensional requirements for the coop and run, then a permit shall not be granted.
Hens must be kept in a coop and a run that complies with the requirements set forth in § 92-6 of this chapter.
The maximum number of hens to be harbored shall, at no time, exceed six.
Commercial operations are prohibited. The sale of eggs and hens on the property is not permitted.
The outdoor slaughtering of hens is prohibited.
Feed for the hens must be kept in covered, fastened containers that cannot be accessed by rodents or pests.
Hen manure and bedding must be managed so as to minimize odors and not attract rodents and pests. The on-site accumulation of treated or untreated hen manure is prohibited.
The coop shall be enclosed on all sides with walls (with or without windows), a roof and an entrance.
The coop shall be well ventilated. The minimum coop size shall be four square feet of space for each hen.
A run shall provide 10 square feet of space for each hen. Runs shall be fenced and covered.
Coops and runs may only be located in the rear yard of the property. Coops must comply with appropriate zoning district setback regulations.
The coop and run shall be kept clean, dry and sanitary. Hen manure and soiled bedding shall be removed at a minimum of once a week. The accumulation of hen manure and bedding may result in noncompliance and the revocation of the permit.
The coop and run must be maintained and be kept structurally sound and in good repair.
Educational literature shall be provided by the Village with the application materials.
The receipt of a neighbor's written complaint shall result in a site visit by the Code Enforcement Officer and an inspection of the property to determine if there exists a violation(s) of the permit. If the Code Enforcement Officer determines that a violation exists, the permit holder shall be notified of the nature of the violation(s) and shall have 30 days to correct the violation(s). Failure to correct the violation(s) in the time provided may result in the revocation of the permit and the removal of the hens.
In addition to a determination that the terms and conditions of a permit have been violated, a permit may be revoked for any of the following reasons:
Hens are found outside of the coop and/or run;
The Code Enforcement Officer determines that a public nuisance exists or there is a violation of this chapter;
Predators or pests have become a nuisance to the property or surrounding area; and
The Code Enforcement Officer determines that the hens have been abandoned.
Any person or persons who violate or cause to be violated any provision of this chapter shall, upon conviction for such violation, be subject to a fine not to exceed $250, imprisonment not to exceed 15 days, or both, for each such violation; and every week (seven days) that said violation continues shall constitute a separate and additional violation.