[Adopted 2-9-2016 by L.L.
No. 1-2016]
A.
Article I of Chapter 57 of the Code of the Village of Lima has prohibited "the keeping of farm animals, fowl or other animals within the limits of the Village of Lima..." since 1962. Recently, there has been an upsurge of interest in the keeping of chickens in a Village setting. The locavore movement, promoting the development and consumption of local foodstuffs, is a factor in proposing an amendment to the code prohibition. Additionally, it is advocated that the sustainable production of eggs and poultry at home will economically contribute to assuring food safety and quality. The Board of Trustees finds that the keeping of domestic chickens within the Village limits may have a measurably positive impact upon the health and welfare of Village residents. Regulation of such practice is necessary to insure that the keeping of chickens will not negatively impact surrounding properties or landowners.
B.
In 2014, the Village Board of Trustees adopted Local Law No. 3 of
2014, regulating the keeping of chickens in the Village of Lima for
an initial trial period of one year, and limited to a finite number
of permits. During 2015, there were no reported problems associated
with the permits given to residents to keep chickens. The Village
code officer reported no neighbor complaints, and experienced no enforcement
issues. Consequently, the Village Board of Trustees has determined
that it is in the best interests of Village residents to extend the
legislation permitting and regulating the keeping of chickens within
the Village of Lima.
For the purpose of this chapter, certain words and phrases shall
be construed herein as set forth in this section:
For purposes of this article, refer exclusively to domestic
hens and shall intentionally exclude roosters. No other fowl but the
domestic chicken is to be permitted or included in the category of
fowl addressed by this article.
A.
The definition of "chickens" is to be added to Chapter 57 of the Village Code. The existing code definition of "farm animals, fowl or other animals" shall continue unchanged.
B.
This article is intended to permit the raising of chickens, as defined herein, within the Village of Lima under certain conditions. Chapter 57 of the Village Code shall accordingly be augmented to permit such activity by incorporation of the terms of this article. To that end, the existing Chapter 57 is to be modified to address this expansion of the privilege of keeping chickens on properties that are not farms within the Village, but said chapter need not be repealed.
C.
This article also effectively supersedes and repeals Local Law No.
3 of 2014, in that the present law eliminates certain limitations
set forth in the 2014 law.
A.
Permit. The keeping and raising of chickens within the Village of
Lima (excepting a farm operating within the Village) shall be authorized
only upon obtaining a permit from the Village Code Enforcement Officer.
Said permit shall be made upon an application form to be promulgated
by the Village Board, and upon satisfactory inspection(s) by the Code
Enforcement Officer to verify compliance with the requirements of
this article. The permit shall be valid for one year only, and an
annual permit fee, to be set by the Village Board of Trustees, shall
be assessed and paid by each successful applicant.
B.
Zoning exclusion. Only applicants residing at residential properties
located in the S or the R Residential Districts within the Village
of Lima shall be authorized to apply for a permit to keep and raise
chickens. The keeping and raising of chickens in a multifamily complex
or apartment setting shall be expressly prohibited, notwithstanding
the zoning district of such residences; this prohibition recognizes
that the keeping of chickens (or any other type of animal) in close
proximity to other residents may lead to difficulties and enforcement
issues. The raising of chickens in any other Village zoning district
other than the S and R Residential Districts shall not be allowed.
C.
Area requirements.
(1)
All chickens must be kept at all times in a secure pen or enclosure,
constructed and maintained to prevent the chickens from running at
large. The pen must be resistant to rodents and to predators, and
provide chickens with adequate protection from inclement weather.
The pen or enclosure is to be constructed of materials that are reasonably
complementary to existing structures within the viewshed of the pen
or enclosure, in order to forestall complaints by neighbors or persons
within viewing vicinity of the pen or enclosure.
(2)
Only one pen or enclosure shall be permitted on any residential property.
All pens or enclosures must be located at least 20 feet from side
and rear property or lot lines, and at least 30 feet from any neighboring
residence. No pen or enclosure shall be permitted in a front yard,
but only in the rear of the lot, meaning that all pens or enclosures
must be located to the rear of the rear wall of the applicant's home.
On a corner lot, the applicant must locate the pen to the rear of
the rear wall of the applicant's home.
(3)
The location and design of the pen or enclosure must be approved
by the Code Enforcement Officer before the applicant shall be permitted
to keep chickens on the premises. If the applicant's lot is insufficient
in area to meet the setback requirements of this article, the applicant
shall not be entitled to a permit to keep chickens on the premises.
D.
Minimum standards for condition of pen or enclosure.
(1)
No more than six chickens may be housed or kept on the property at
any time. No roosters shall be permitted. The pen or enclosure must
be regularly cleaned and serviced so as to keep it clean, dry and
odor-free at all times in order to minimize possible nuisance to neighboring
properties. The pen or enclosure must be maintained in a sanitary
condition at all times. All feed for chickens must be kept within
a building in rodentproof containers, and may not be kept outside.
(2)
Storage of chicken manure shall be permitted no closer than 30 feet
to any property line, and must be located to the rear of the rear
wall of the applicant's dwelling. Storage of chicken manure is discouraged,
unless such waste is properly and sanitarily composted. If the presence
of chicken manure shall lead to unsanitary conditions such as the
attraction of pests, insects or rodents, such condition must be rectified
to the reasonable satisfaction of the Code Enforcement Officer, or
the permit to keep chickens may be revoked.
All applicants for a permit to authorize the keeping of chickens
in the Village of Lima shall agree, as an incident of the application
process, to allow the Village Code Enforcement Officer to enter upon
the premises of the applicant at any reasonable time during daylight
hours to inspect the pen or enclosure to verify compliance with the
requirements of this article. It is specifically understood, and a
condition of the application, that the applicant shall allow such
inspection without the necessity of prior notice. Because all pens
or enclosures housing chickens are to be located in exterior lot areas
inspected and authorized by the Code Enforcement Officer, it shall
be deemed permissible for the Code Enforcement Officer to enter upon
the premises of any party maintaining a pen or enclosure sheltering
chickens.
A.
The slaughter of chickens shall take place inside an enclosed structure,
or in an area of the permit holder's lot which is certain to be shielded
from the view of the street or neighboring homes.
B.
In the event that any conflicting state or county law, regulation
or similar legislation shall address the keeping of chickens in a
Village setting, the requirements of this article shall supersede
such legislation unless such legislation is more restrictive, in which
case the state or county law or regulation shall apply.
Should any section or provision of this article contained herein
or as amended hereafter be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the
article as a whole or any part thereof other than the part so explicitly
declared to be invalid.
A.
A permit to keep chickens shall be revoked by the Code Enforcement
Officer in the event that two substantiated violations of this article
shall be received and verified by the Code Enforcement Officer.
B.
Upon receipt of a complaint of a violation of the permit, the Code
Enforcement Officer shall inspect, investigate and verify such violation.
The findings of the Code Enforcement Officer shall be made in writing,
and delivered or mailed to the permit holder. Such notice shall identify
the violation, and shall require the immediate remediation of the
violation by the permit holder. The Code Enforcement Officer shall
inspect and verify compliance with the permit within five days of
the delivery of such notice of violation. If the permit holder fails
to remediate the violation, the permit shall be revoked. Revocation
for cause of any permit to raise or keep chickens shall result in
a disallowance of a new or renewal permit by that party for at least
one year.
C.
If the violation of the permit continues unabated, the Code Enforcement Officer or Village Attorney may file a complaint in the Town Court to prohibit such violation, and may request the Court to invoke the penalty provisions of § 57-5 of the Village Code. In part, § 57-5 provides that any person violating this article will be guilty of an offense and upon conviction thereof shall be punishable by a fine of not more than $250 for each offense. Each day's continuation of the offense shall be considered a separate offense.
This article shall take effect after filing thereof with the
Secretary of State.
