[Adopted 6-20-1977 by L.L. No. 6-1977]
When used herein, the following terms shall have the following meanings:
ANIMALS
Horses, mules, donkeys, monkeys, goats, fowl of all kind, swine, cattle, reptiles, snakes and insects.
ANIMAL HARBORING
The keeping of more than three licensed dogs; three rabbits; four or more cats; or any horses, cattle, sheep, goats or other fur-bearing animals; or animals customarily kept in zoos; or the keeping of any animals for sale or hire.
[Amended 4-15-1996 by L.L. No. 2-1996]
NUISANCE
Any condition which would reasonably be expected to be offensive or objectionable to people on or using nearby properties or on the public right-of-way; and any condition generally within the common law definition of a "nuisance," public or private. Without limiting the foregoing in any way, the term "nuisance" shall be deemed to include any condition resulting in any one or more of the following:
A. 
In the breeding of flies, mosquitoes, rodents or any other animals or insects, which bite and/or are commonly carriers of disease.
B. 
The presence of obnoxious odors or substances on adjacent premises or the public rights-of-way.
C. 
The entry of animals upon neighboring properties without the permission of the owner or occupant or upon the public right-of-way.
D. 
Loud and obnoxious noises coming from any animals covered by this article, including but not limited to braying, whinnying, squealing and/or any other type noises expected of such animals that would disrupt the peace and quiet of the surrounding neighborhood.
E. 
The destruction of property by any of the above-noted animals.
RESTRICTIVE COVENANT
Any restriction affecting the keeping of animals which has been duly recorded in a deed or with deeds in the Broome County Clerk's office, so long as it remains in effect by its terms.
This article shall apply to any person, partnership, association, joint venture or corporation being the owner, lessee, licensee or occupant of any land affected within the Town of Chenango.
A. 
No animals as defined by this article shall be harbored or maintained without a special permit of the Zoning Board of Appeals.
B. 
No more than two animals as defined by this article or three dogs maintained or harbored prior to the existence of the adoption of this article shall be maintained or harbored without a special permit from the Zoning Board of Appeals.
[Amended 4-15-1996 by L.L. No.  2-1996]
C. 
All animal food shall be kept under cover and in sealed containers.
D. 
All animal waste shall be removed daily from the premises in tightly covered containers.
E. 
The premises shall be maintained so as not to constitute a nuisance as defined by this article.
[1]
Editor's Note: Former § 32-13 was renumbered as § 32-17 pursuant to L.L. No. 2-1996, adopted 4-15-1996.
All uses in existence as of the adoption of this article shall comply with the general standards for the maintenance and harboring of animals as herein set forth, except § 32-17A.
All uses of property affected by this article and subsequent to its adoption shall be subject to a special permit by the Zoning Board of Appeals in addition to the general standards for the maintenance and harboring of animals as hereinafter set forth.
The cessation of the use of any property for a period of one month subsequent to the adoption of this article shall extinguish any preexisting use status and be subject to all the provisions required of a new use as set forth hereinabove.
[Amended 4-15-1996 by L.L. No. 2-1996]
A. 
Agricultural districts. This article shall not apply to the keeping of animals in agricultural districts. However, this article does apply to animals which are kept within 100 feet of a residence which is located within a residential district and the keeping of more than three dogs in dog kennels.
B. 
Licensed veterinarians and animal hospitals. This article shall not apply to those licensed veterinarians or to hospitals run or supervised by licensed veterinarians.
C. 
Nonconforming agricultural operations. Nonconforming agricultural operations, other than animals which are kept within 100 feet of a residence which is located within a residential district other than the keeping of dogs in a dog kennel.
[1]
Editor's Note: Former § 32-17 was renumbered as § 32-13 pursuant to L.L. No. 2-1996, adopted 4-15-1996.
A. 
The Ordinance Administrator and/or any other Town official designated by the Town Board of the Town of Chenango may investigate the maintenance of any animal or animals on any premises other than those expressly excepted by this article. Whenever, after an inspection, he shall determine the maintenance or manner of maintenance of any animal or animals on any premises is contrary to law or is inhuman to any animals or is or will injure the appropriate use of neighboring property or constitutes or is becoming a nuisance, he shall prepare a written determination setting forth his findings in detail and ordering the person or persons owning or having custody or control over such animal or animals and/or the property where they are kept to take appropriate action as specified in the determination.
B. 
Said determination shall be served in one of the ways set forth in the determination of service. A copy thereof shall be filed with the Town Clerk and the Supervisor, but the failure to so file shall not affect the legality of the service.
C. 
At any time following the service of the determination or a supplemental determination, the Town Attorney may institute in the name of the Town any appropriate civil proceeding or action, including but not limited to an action for an injection, together with a temporary restraining order to enforce the determination or supplemental determination.
Any determination may order or direct as follows:
A. 
The cleaning up of animal wastes, animal food, other materials utilized in connection with the animals or coming into contact with animals and any enclosure or other areas in which animals are maintained, and the condition ordered cleaned up shall not be permitted to recur.
B. 
The enclosure of specified animals in a manner adequate to prevent their entry upon neighboring property.
C. 
The placing of any enclosure at such place or places as specified by the determination.
D. 
The placing of refuse in tightly covered containers and its periodic removal.
E. 
Ordering all animals removed from any premises if entry for inspection purposes is denied or if the Ordinance Administrator or other designated official is unduly hampered by the owners or occupants of the premises in carrying out this article.
F. 
Such other action as is appropriate to abate any nuisance.
No animals shall be permitted upon any premises so as to violate any restrictive covenants. The existence or absence or termination or expiration of any such restrictive covenants shall in no way limit or affect enforcement of the other provisions hereof.
[Amended 10-3-1995 by L.L. No. 2-1995]
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.