The Town Board of the Town of Lenox hereby finds that the keeping of hens on residentially occupied properties of less than five acres and not otherwise deemed to be a farm operation, as defined by New York State Agriculture and Markets Law, 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 Town 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 Town of Lenox on certain residential parcels. This article shall allow the harboring of small flocks of hens, subject to permit, by residents of single-family dwellings on lots of less than five acres which are not otherwise deemed to be farm operations under the New York State Agriculture and Markets Law. The conditions imposed by this article are intended to facilitate the harboring of hens in a manner that is consistent with the residential character of the Town and so as to not cause or contribute to nuisances, pollution or otherwise adversely impact neighboring property owners in any way.
As used in this article, the following terms shall have the
meanings indicated:
COOP
A permanent or mobile structure that is designed to shelter
hens from the weather and predators.
NEIGHBOR
Any property owner or resident within 500 feet of the property
to be affected by said appeal.
RESIDENTIAL PROPERTY
A property less than five acres and used primarily as a single-family
residence.
RUN
An enclosed area for chickens to roam and eat.
It shall be unlawful for any person, association, group or organization
within the limits of the Town to harbor hens without first having
obtained, paid for and having in force and effect a valid, current
permit on residential properties. Roosters (male chickens) are prohibited
within the Town on residential properties. The requirements to obtain
a permit pursuant to this article shall not apply to farm operations
as defined by the New York State Agriculture and Markets Law.