[HISTORY: Adopted by the Town Board of the Town of Henrietta as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-10-2020 by L.L. No. 1-2020]
This article is applicable to the keeping of chickens on residential property in the Town that does not constitute a farm (as defined in Chapter 295). Any person desiring to keep chickens at his or her residential property, not including a farm, may do so only with a license from the Town in accordance with this article.
The application shall be made to the Department of Building and Fire Prevention and shall include the following information:
A. 
The name, phone number and property address of the applicant(s).
B. 
The size of the subject property.
C. 
A description of any coops, cages and runs that will house the chickens, together with a description of any fencing, barriers or enclosures surrounding the curtilage of the property.
D. 
A scaled drawing showing the precise location of cages, coops, enclosures, runs, fences and barriers in relation to property lines and to structures on the subject and adjacent properties.
E. 
A description of the manner by which feces and other waste materials will be removed from the property or will be treated so as not to result in unsanitary conditions or in the attraction of rodents and insects.
F. 
A signed statement from the property owner, if the applicant is not the property owner, granting the applicant permission to engage in the keeping of chickens as described in the license application.
G. 
A backyard chicken license fee, in accordance with the Town of Henrietta Fee Schedule.
H. 
An application for a building permit, including the associated fee, unless the applicant already has a Code-compliant chicken coop with a valid certificate of compliance.
A. 
Enclosures; coops and cages.
(1) 
Chickens shall be kept within both a coop and a fenced outdoor enclosure/run.
(2) 
The coop must be kept in a clean, dry and sanitary condition at all times.
(3) 
The outdoor enclosure/run shall be adequately fenced to contain the chickens and to protect the chickens from predators. It shall be cleaned on a regular basis to prevent the accumulation of animal waste.
(4) 
The chicken feed or other food used to feed the chickens shall be stored in a ratproof, fastened container stored within a structure, which shall only be unfastened for the retrieval of food and shall be immediately refastened thereafter.
(5) 
The chickens shall be fed only from an approved trough. Scattering of food on the ground is prohibited.
B. 
Number of chickens permitted. A valid backyard chicken license shall permit the keeping of up to six chickens, except that the keeping of up to 12 chickens is permitted on a rural residential lot greater than one acre in size, and up to 18 chickens is permitted on a rural residential lot greater than two acres in size.
C. 
Sanitation and nuisances.
(1) 
Chickens shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and so as to comply with applicable provisions of both the New York State and Monroe County Sanitary Codes.
(2) 
Chickens shall not be kept in a manner that is injurious or unhealthful to any other animals or persons.
D. 
Slaughtering. There shall be no outdoor slaughtering of chickens.
The following shall be prohibited under this article:
A. 
The keeping of chickens at multifamily complexes, including duplexes;
B. 
The keeping of roosters - only chicken hens are permitted;
C. 
The keeping of chickens in other than the rear or back yard;
D. 
The keeping of chickens in other than a chicken coop with a certificate of compliance pursuant to a backyard chicken license;
E. 
The keeping of chickens for other than personal use only - no person shall sell eggs or meat or engage in chicken breeding or fertilizer production for commercial purposes; and
F. 
The obtaining of more than one chicken coop license for adjacent properties under common ownership and tenancy, unless in the Rural Residential Zone.
A. 
If the application materials appear to be in compliance with this article, and there is not already a compliant chicken coop with a valid certificate of compliance on the property, the Building Inspector or designee shall issue a building permit for the chicken coop.
B. 
The owner shall notify the Town when the chicken coop construction is complete or when a Code-compliant chicken coop is already present; and within 30 days of such notification, the Building Inspector or designee shall inspect the chicken coop to ensure compliance herewith.
(1) 
If the chicken coop is in compliance with this article, the Building Inspector shall then issue a certificate of compliance.
(2) 
After the applicant obtains a certificate of compliance, and so long as the license application is in good order, the Building Inspector or designee shall issue a backyard chicken license allowing the keeping of chickens on the property by the licensee.
(3) 
The backyard chicken license shall be limited to the applicant and the subject property only and shall not be transferable to another individual or to another property.
C. 
Any chicken coop that is abandoned for a period of two years or more shall result in the expiration of the certificate of compliance and accompanying license and would require a new application for the keeping of chickens.
A. 
This article shall be enforced by the Town Code Enforcement Officer or designee.
B. 
As a condition of holding a backyard chicken license, all licensees agree that the Code Enforcement Officer may enter onto the subject property, outdoors only, for the limited purpose of certifying compliance with the backyard chicken license.
C. 
Should the Town Code Enforcement Officer find a violation of this article, he may issue a notice of violation and order to correct, providing seven days to correct.
D. 
Should the violation fail to be corrected within seven calendar days, the Code Enforcement Officer may issue an information and complaint in relation thereto, and, upon a guilty finding, the licensee may be fined up to $100 for each violation. Each day of continued violation shall be considered an additional violation.
E. 
In addition to issuance of an information and complaint, or in the alternative, should a violation fail to be corrected within seven days, the Code Enforcement Officer may revoke the subject license, requiring removal of the chickens within seven days. Within seven days of such revocation, the licensee may provide a written notice of appeal of such revocation to the Town Board, which shall temporarily stay the revocation. Within 30 days thereof, the Town Board shall hold a public hearing on such revocation where the licensee and Code Enforcement Officer shall each present their case. Should the Town Board find sufficient evidence of the violation, it may uphold the determination to revoke the license, requiring removal of the chickens within seven days thereof. Otherwise, the revocation shall be annulled, and the license may continue. Upon revocation, all chickens shall be removed from the property within seven days, and no chicken coop license may be issued to the licensee or the subject property for a period of one year.
F. 
Moreover, should more than two notices of violation and orders to correct be issued against a licensee within a period of one year, regardless of whether they have been corrected, the Code Enforcement Officer may revoke the license. Appeal of such revocation shall be handled in accordance with Subsection E above.