Town of Niskayuna, NY Chapter 82 Chickens, Regulation of

[HISTORY: Adopted by the Town Board of the Town of Niskayuna 9-22-2020 by L.L. No. 7-2020. Amendments noted where applicable.]

§ 82-1 Purpose.

The Town Board of the Town of Niskayuna recognizes that the keeping of chickens can be a safe, productive, nondisruptive practice, provided that such animals are properly cared for in a clean, structurally sound environment, kept in appropriate numbers, and maintained at a reasonable noise level, with food sources properly contained and managed to avoid odors or the attraction of wildlife or vermin. Accordingly, the Town Board of the Town of Niskayuna hereby enacts this chapter to regulate the keeping of chickens on residential properties so as to ensure that these animals are kept and maintained in a manner that protects the Town and its residents from nuisances associated with their keeping.

§ 82-2 Applicability.

The provisions of this chapter shall not apply to properties that have an established farm at the time of the adoption of this chapter, whether pre-existing nonconforming or conforming, and shall not apply to properties that conform to the legal requirements for a farm as outlined in Chapter 220, Zoning.

§ 82-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

HEN

A female chicken.

HEN ENCLOSURE

A small housing structure where female chickens (hens) have areas to sleep and nest, which provides them protection from weather and predators.

ROOSTER

A male chicken.

RUN

A fenced area attached to a hen enclosure, where hens are allowed to run and peck.

§ 82-4 Regulations.

It shall be unlawful for any person to keep, permit or allow any chickens in the Town of Niskayuna unless a valid permit is obtained from the Building Department as prescribed in § 82-5 of this chapter and the following terms and conditions are met:

A. No roosters are permitted.

B. No person shall keep, maintain, house or possess more than six hens.

C. No hen shall be kept in a manner as to create noxious odors or noise of a loud, persistent and habitual nature. Hen enclosures must always be kept in a neat and sanitary condition and must be cleaned on a regular basis to prevent offensive odors.

D. Enclosures, runs and fences.

(1) Hens shall be kept in a covered, predator-proof, well-ventilated hen enclosure.

(2) Hens must be contained within a run or fenced area of the yard at all times.

(3) Hen enclosures shall be considered an accessory structure, subject to all the requirements of Chapter 75, Building Construction, and Chapter 220, Zoning, of the Code of the Town of Niskayuna. A run associated with a hen enclosure shall be considered an integral part of the hen enclosure if it is located around the immediate area of the enclosure.

(4) All hen enclosures shall provide a minimum of three square feet per chicken, and the associated fencing or runs shall have a minimum area of 10 square feet per chicken.

(5) No enclosure for the hens shall be located closer than 25 feet to an occupied residential dwelling on an adjoining lot.

(6) No part of an enclosure shall be located in the front or side yard as defined in Chapter 220 of the Code of the Town of Niskayuna.

E. Hens shall be fed only from a trough or appropriate container. Scattering of food on the ground is prohibited. Stored food must be kept in a rodent- and predator-proof container.

F. There shall be no outdoor slaughtering of hens.

§ 82-5 Building permit required.

A. Any person wishing to keep chickens pursuant to this chapter shall first obtain a permit from the Building Department. The permit application shall be on such forms as are provided by the Building Department. The written consent of the owner(s) of the subject real property shall be required for any application made by a person other than the property owner(s).

B. Each permit application shall be accompanied by a fee as specified in a fee schedule and revised from time to time by resolution of the Town Board.

C. No more than one permit may be issued for each parcel of property.

D. The Building Inspector shall issue a permit upon determining that the application is complete and that the information provided reasonably demonstrates that the proposed structure and keeping of chickens will be consistent with the provisions of this chapter and all other applicable chapters of the Code of the Town of Niskayuna. The Building Inspector may impose such conditions as he or she may deem necessary to ensure compliance with this chapter.

E. Permits shall be effective only for the calendar year in which they are issued.

F. A permit may be renewed annually pursuant to the provisions hereof, and the applicant may continue to keep chickens pursuant to the terms and conditions set forth herein and imposed in the initial permit, provided that he or she submits a renewal application and pays an annual fee on or before the expiration date of the permit or the date at which this provision is deemed expired and repealed. Said fee shall be established and revised from time to time by resolution of the Town Board and shall not be prorated.

G. The Building Inspector may deny a permit application or permit renewal application for failure to meet any of the requirements set forth herein, or for public health, safety and welfare reasons related to the application or the property, or on the basis of prior violations of this section by the applicant. In an event that the application for a permit is denied by Building Inspector, the applicant may appeal to the Zoning Board of Appeals within 30 days of such denial, setting forth grounds upon which the applicant believes that the application should have been granted.

H. The Zoning Board of Appeals shall approve or deny the application on the same or other grounds related to the provisions of this subsection, or public health, safety and welfare, within 60 days of the date that the appeal is filed.

I. Notice of discontinuance of use. The permit holder shall notify the Building Inspector in writing within 90 days once the permit for keeping of chickens is no longer needed. Upon notification, the Building Inspector shall conduct a final inspection of the property, and the permit for keeping of chickens shall be terminated.

§ 82-6 Enforcement.

A. Any violation of this chapter will result in a written warning by the Building Inspector, with five days to correct the violation. Any person who fails to correct a violation of this chapter following issuance of a written warning shall be issued a written notice by the Building Inspector requiring the removal of all chickens and related infrastructure from the subject property within 14 days' time. Failure to remove the chickens and related infrastructure within this period pursuant to a removal notice shall constitute a violation of this chapter, with subsequent violations accruing every day thereafter until compliance. The initial notice of violation pursuant to this section shall, upon conviction, be punishable by a fine of $250. Any subsequent violation of this chapter shall, upon conviction, be punishable by a fine not exceeding $250 per violation.

B. Notwithstanding Subsection A, the Building Inspector may revoke immediately any permit granted pursuant to this chapter if the Building Inspector determines, in his/her sole discretion, that the keeping of chickens on the subject property in its then-existing condition presents a nuisance for neighboring properties and/or an unreasonable risk to the health, safety and general welfare of the surrounding neighborhood.