The Town Board of the Town of Tully, pursuant to the authority
granted it under Articles 3, 4 and 9 of the Town Law and under § 10
of the Municipal Home Rule law of the State of New York, hereby enacts
as follows.
The Town Board of the Town of Tully has determined that the keeping of certain small livestock and domestic fowl within the Town in residential settings is not presently regulated. The purpose of this article is to establish regulations to provide for the safety and well-being of small livestock and domestic fowl, their owners, and especially for the safety, well-being and consideration of adjacent and nearby residences, properties and neighbors and to regulate the owners and/or operators of such operations. The intent of this article is to establish requirements for the keeping of certain small livestock and domestic fowl on premises situate in and amongst residential premises and such uses as are characterized by the presence of nearby neighbors, a greater (than more rural, less populated and generally larger vacant or sparsely occupied tracts, farms and the like in the Town) concentration of residents, occupants, business and commercial uses and their respective occupants, residents, employees, guests, invitees and the like, in order to protect nearby residential and commercial/business premises and those owning, occupying or otherwise involved with same and provided, however, with exception under limited specific circumstances restricting the application or enforcement of certain of the requirements hereunder relative to certain structures, improvements and the incidental use of same, from the requirements described at §
100-20B and part of §
100-20C [i.e., as to §
100-20C, the exception shall not apply to the part thereof requiring in any event a structure that will not permit access to predators] and as further described at §
100-21 hereof. This statement of purpose is hereby made a part of and incorporated in §§
100-20 and
100-21 insofar as describing the intent and substance of the requirements and exceptions hereof.
As used in this article, the following terms shall have the
meanings indicated:
DOMESTIC FOWL
Includes chickens, guinea fowl, ducks, geese, turkeys and
any other birds usually defined as a species of domestic fowl.
SMALL LIVESTOCK
Includes miniature goats, sheep, pigs, and other smaller-in-size
breeds or species of farm animals.
Town of Tully code enforcement, animal control, zoning enforcement and/or any police agency personnel shall have the authority to inspect any property housing any small livestock and/or domestic fowl, to determine compliance and issue such violations or, where authorized by law or otherwise by the Town Board, to take such actions as provided under §
100-24 following.
Any person not conforming to the provisions of this article
(and subject to any required notice as described herein) shall be
guilty of a violation.
A. First violation. Such person shall receive written or verbal warning
by any one of the above-named officers or personnel, notifying the
owner of the offense and that such owner must come into compliance
within 10 days. Inspection will be performed following the 10th day
(or such lesser period if under emergency or urgent circumstances)
by Town of Tully personnel. If the owner or other responsible person
is not in compliance, such person will be guilty of a second violation.
B. Second violation; subsequent or multiple violations. The Town may
seek to prosecute such individual on such violation and, in doing
so, on a finding of guilt, may seek a fine of up to $250 per violation;
provided, however, there shall be a minimum fine of $50. Each week
that an offense continues will be considered a separate offense. The
Town may also seek civil remedies, including for injunctive relief
in a court of competent jurisdiction.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstances is adjudged
invalid, illegal or unconstitutional by any arbitrator, tribunal or
court of competent jurisdiction, such order or judgment shall be confined
in its operation to the clause, sentence, paragraph, subdivision,
section or part of this article or in its application directly involved
in the controversy in which such decision, judgment or order shall
have been rendered and shall not affect or impair the validity of
the remainder of this article or the application thereof to other
persons or circumstances. Further, if and to the extent legally permitted,
in adjudging such invalid, illegal or unconstitutional provision,
the court or other person(s) or body having jurisdiction over the
parties, subject matter and such action or proceeding related to same,
following a determination of illegality, unconstitutionality or invalidity
and specifying the nature of same, shall before fashioning any remedy
direct the parties to negotiate for a period not to exceed 14 days
in good faith to agree upon a modification of such to a provision
which is not invalid, illegal or unconstitutional and which best achieves
the intent of such provision in part and/or in a modified provision
in order to give legal and enforceable effect to the intent of the
Town Board in having enacted such invalid, illegal or unconstitutional
provision as part of this article. Failing same, to the extent legally
permitted, the arbitrator, tribunal or court shall attempt to fashion
such a provision or provisions pursuant to the foregoing.
This article shall take effect upon the date of its filing in
the office of the Secretary of State.