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.
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.
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.