This article shall be known as the "Fowl and Livestock Law of the Town of Sodus, New York."
[Added 8-29-2024 by L.L. No. 1-2024]
Agricultural uses, including the keeping of fowl or livestock, shall be permitted as set forth in Chapter 135, Zoning.
The purpose of this article shall be to preserve public health and safety, public peace and good order in the Town of Sodus and to contribute to the protection of persons and property, aesthetics and general welfare of its people by establishing requirements concerning the keeping, maintenance, control and protection of fowl, bees, and livestock. The law is intended to be construed in harmony with the New York State Agriculture and Markets Law and regulations, the Town Building Law[1] and Chapter 135, Zoning.
A.
Word usage. Except where specifically defined herein, all words used in this article shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary. The word "shall" is always mandatory. The word "may" is permissive.
B. ANIMAL NOISE FARM FOWL GENERAL FARM OPERATION HOUSEHOLD PETS LIVESTOCK RUN AT LARGE
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
See § 38-15, Continued noises.
An area of land and its buildings used for growing crops and rearing animals that make a profit as a business by growing crops or keeping livestock typically under the control of one owner or company.
A domesticated animal including but not limited to such birds as chicken or turkey and game such as pheasant and duck. Such birds lay eggs or are raised to be eaten.
Under the Agricultural Markets Law, a farm operation includes the production, preparation and marketing of crops, livestock and livestock products that are produced on land that is owned or rented, contiguous or non-contiguous to one another. Land can be owned or rented in another Town or county and still be considered part of the farm operation.
A domesticated animal, including but not limited to dogs, cats, tropical birds, rodents, including rabbits, fish, and certain reptiles, that are kept in the home for pleasure rather than profit.
Domesticated animals raised in an agricultural setting in order to provide labor and produce diversified products for consumption such as meat, eggs, milk, fur, leather, and wool. Farm animals include but are not limited to cattle, sheep, goats, horses, pigs and fowl.
See § 38-12, Running at large prohibited.
A.
Keeping of fowl and livestock shall be permitted on a farm or part of a general farm operation as defined in this chapter.
B.
No animals other than household pets as defined in this chapter shall be maintained, housed or harbored in High Density Residential districts (R-2).
C.
No fowl or livestock shall be maintained, housed or harbored in any residential districts of less than four acres or in a building any part of which is closer to any property line than 150 feet, without a variance issued by the Zoning Board of Appeals. If a complaint is filed with the Code Enforcement office, these same rules can be referred to for housing honey bees.
D.
No fowl or livestock shall be permitted to run at large.
Any person harboring any animal for a period of two weeks prior to any violation of this article shall be deemed to be the owner for the purposes of this article.
A.
Coops, runs, hutches and outdoor animal shelters shall be located in the rear of residential structures no part of which is closer to any property line than 150 feet. A coop and run shall be permitted in the rear yard only and shall not be permitted in a side or front yard in residential areas.
B.
A coop shall be designed and built so that it provides ventilation and shade for hens, and protection from precipitation, cold weather, predators and rodents. Openings in windows or doors are to be covered and secured with wire mesh or screens to deter predators. Access doors are required and are to be placed to provide for ease of cleaning. The enclosed run must be attached to or surrounding the coop. The sides of the run must be made of wire mesh or screening to discourage predators. The run must be enclosed on all sides including the top or roof plane. A coop shall provide a minimum of four square feet per hen.
C.
A building permit shall be required for the construction of a coop or run for the keeping of livestock and fowl to ensure compliance with these provisions. A certificate of compliance from the Code Enforcement Officer shall be issued following construction and prior to livestock and fowl being bred, raised, harbored or maintained in any shelter, coop or run. Shelters and coop building permit fees are set forth on the Town of Sodus fee schedule using the same fee requirements as sheds, utility buildings and pole barns.
D.
The Code Enforcement Officer may deny a building permit to an applicant that cannot meet the area and setback requirements or any other requirement of this chapter. The Code Enforcement Officer may also deny a permit to anyone who has been or is convicted of animal cruelty violations.
The following requirements apply to residential districts R-1 and W-R.
A.
Animal housing shall be kept clean, dry and in a sanitary condition at all times. Animal waste, uneaten or discarded food, and animal by-products are to be removed regularly with a minimum frequency of once per week. Feed must be stored in an enclosed, rodent-proof container at all times.
B.
Odor from animal waste and related substances shall not create a nuisance for occupants of nearby buildings or properties.
C.
Fowl or livestock shall not be housed or kept on any residential premises of less than four acres without a variance issued by the Zoning Board of Appeals and subject to additional restrictive conditions. Such animals shall be housed in such a manner as not to create a nuisance or annoyance to surrounding properties.
D.
Livestock and fowl shall be contained or kept in a fully enclosed shelter with fenced outdoor areas or a coop and run. Animals must be kept in a fully fenced pen or run at all times. If the housing, coop or shelter are not located in a fenced yard. No animals shall be permitted to run at large.
E.
No person shall keep, suffer or permit on the premises occupied by such person any animals or birds prone to long-continued noises that unreasonably disturb the comfort and repose of other persons residing in the neighborhood.
A.
This article may be enforced by the Town of Sodus Code Enforcement Officer and/or local police, including the Wayne County Sheriff's Department, each of whom are authorized to issue and serve violation notices and/or appearance tickets upon any person in violation of this article.
B.
The violation of any provision of this article shall be deemed an offense under this article, and each separate offense shall constitute a separate additional violation.
C.
Any person who violates, disobeys, neglects, refuses to comply with or resists the enforcement of any provision of this article or any written order of the Code Enforcement Officer directing compliance with this article shall be deemed to have violated this article, and shall be liable to pay the Town a civil penalty of up to $1,000 for each such violation. Such a civil penalty may be assessed in any action or proceeding brought by the Town to enforce the provisions of this article.
D.
Continuous violations. Each day a violation or offense is continued or not corrected shall be deemed a separate violation or offense.