The rules, regulations and provisions hereinafter
set forth controlling, regulating and restricting the keeping of swine
within the Town of Colonie have been adopted for the purpose of promoting
the health and general welfare of the residents of the Town of Colonie.
It is the intention to prescribe reasonable rules and regulations
governing the raising of swine within the Town.
As used in this article, the following terms
shall have the meanings indicated:
DISTANCE
Whenever the linear distance of a structure or area from
a lake, pond, stream, swamp, spring area, highway or dwelling is mentioned,
it is intended to mean the shortest horizontal distance from the nearest
point of the structure or area to the high-water mark of the lake,
pond, stream, swamp or spring area or to the highway line or to the
nearest point of the dwelling.
DWELLING HOUSE
Any building or structure established or maintained as temporary
or permanent living quarters for human beings.
GARBAGE
Waste animal or vegetable matter from homes, institutions,
restaurants, hotel kitchens and vegetable markets or fruit markets
and offal from abattoirs and packing houses.
HIGHWAY
Any existing Town, county or state highway, road or street.
PREMISES
Land, with or without buildings, owned by or under the control
of any individual, firm or corporation, on which swine are housed,
stabled or quartered.
SWINE
Pigs or hogs in excess of eight weeks of age.
SWINE OR HOG FARM
Any establishment that raises more than two hogs or raises
any number of hogs for the purpose of sale, barter or exchange.
No person, firm or corporation, being the owner
or occupant of any land or premises within the Town of Colonie, shall
use or permit the use of said land or premises for the keeping of
swine, without obtaining a permit therefor, as hereinafter provided.
The police officers of the Town of Colonie,
the Health Officer and any other duly authorized agent or employee
of said Town shall have the right at any reasonable time to enter
upon premises on which swine are kept and shall have the right at
all times to inspect all parts of said premises.
If any police officer, health officer or any
authorized representative of the Town of Colonie finds that any premises
upon which swine are kept are not being maintained in a clean and
sanitary condition and in accordance with the provisions of this article,
such facts shall thereupon be reported to the Town Board or its designee,
and the Town Board or its designee may direct the Town Clerk to serve
an order, in writing, upon the holder of the permit or the person
in charge of said premises directing that the conditions therein specified
be remedied within five days after the date of service of such order.
If such conditions are not corrected after the expiration of such
five-day period, the Town Board or its designee may cause a notice,
in writing, to be served upon the holder of said permit or the person
in charge of such premises, requiring the holder of the permit to
appear before the Town Board of the Town of Colonie or its designee
at a time to be specified in such notice and show cause why such permit
should not be revoked. The Town Board or its designee may, after a
hearing at which testimony of witnesses may be taken and the holder
of the permit shall be heard, revoke such permit if such Town Board
or its designee shall find that said premises are not being maintained
in a clean and sanitary condition or if the Town Board or its designee
finds that any provision of this article has been violated or for
such other further and sufficient cause. Upon the revocation of such
permit, the premises shall forthwith cease to be used for the keeping
of swine, and all swine shall forthwith be removed therefrom.
Application for the renewal of any permit pursuant
to this article must be filed with the Town Clerk on or before the
first day of December next preceding the expiration of said permit.
Upon the approval of said application for a renewal of the permit
by the Health Officer and the Town Board or its designee, the Town
Clerk shall issue a renewal permit which shall become effective upon
the expiration of the prior permit and continue in force for the term
specified therein but in no event longer than for a period of one
year. Such renewal permit shall not be transferred or assigned.
This article shall apply to all premises located
in the Town of Colonie upon which swine are being kept on the date
of its adoption. The owner or operator of any such premises shall
have 30 days after this article becomes effective to make an application
for a permit. The owner or operator of any such premises shall have
a period of 60 days after making application for the permit within
which to make the necessary arrangements to conform to the requirements
of this article. The permit shall be granted only on the condition
that the requirements of this article are complied with within 60
days after making the application.
No permit shall be issued to any person, corporation
or firm to keep swine within the limits of the Town of Colonie, New
York, except upon premises being used for the raising of swine at
the time of the adoption of this article.
The issuance of a permit pursuant to the provisions
of this article shall not be deemed to waive compliance by the holder
thereof or by the property owner with any statute of the State of
New York or local law or health regulation of the Town of Colonie.