[HISTORY: Adopted by the Board of Trustees
of the Village of Penn Yan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-2-1969 by L.L. No. 2-1969 as Art. I of Ch. 6
of the 1969 Code; amended in its entirety 11-21-2023 by L.L. No. 17-2023]
A.
Except as
otherwise permitted herein, the keeping of livestock is prohibited
within the Village of Penn Yan other than by permit with applicable
specified conditions as may be issued by the Board of Trustees of
the Village of Penn Yan. For the purposes hereof, the term "livestock"
is defined as domestic animals kept or raised for food production
and/or food source for the inhabitants of the lot or parcel of land
upon which such livestock is harbored or otherwise kept.
B.
Subject
to the conditions of this subsection, the residents of a lot or parcel
of land may keep a total of a maximum of six chickens on said lot
or parcel of land, provided that:
(1)
No male
chicken (rooster) is allowed;
(2)
In the
event that the inhabitants are not the owners, the owner of the lot
or parcel of land has provided written permission for keeping the
chickens;
(3)
The
chickens are kept in an enclosed structure on the subject lot or parcel
of land, which structure is sufficient in size and construction to
properly contain and enclose the chickens. Chickens may not be permitted
to be outside their enclosed structure. For the purposes hereof, the
term "structure" shall include a fenced-in area on all side as well
as the top of the fenced area, so as to prevent the chickens from
leaving the fenced-in area. Further, for the purposes hereof, chickens
may not be kept in front yards of residences, and the structure containing
the chickens shall have a six-foot setback from the property boundary
lines:
(4)
Proper
sanitation, feeding and husbandry practices shall at all times be
maintained and provided;
(5)
Egg
production is limited to use by the occupants of the lot or parcel
upon which they are produced;
(6)
Sale
of eggs is prohibited;
(7)
Chickens
may not be kept or used for meat production;
(8)
Slaughtering
of chickens within the Village on any residential or public property
is prohibited;
(9)
It is
prohibited for any odors generated by the keeping of chickens on a
lot or parcel of land to be detectable on any lot or parcel of land
upon which such chickens are not kept or upon any other public property.
A.
The provisions
of this article shall be enforced by the Code Enforcement Officer
of the Village of Penn Yan.
B.
Any person
violating any of the provisions of this article shall be guilty of
an offense punishable by a fine of a minimum of $25 and not exceeding
$250 and/or by a period of incarceration not exceeding 15 days.
C.
As an alternative to or in addition to a fine and/or incarceration, as provided in Subsection B hereof, the person violating such provisions may be sentenced to community service. Such a community service sentence would be imposed as a definite term of hours of work to be served under the direction of the Department of Public Works of the Village of Penn Yan and be pursuant to an order of conditional discharge issued by the court.
D.
Each day
that a violation hereunder exists, continues, or occurs shall constitute
a separate offense.
[Adopted 10-6-1969 (Ch. 17 of the 1969 Code)]
The purpose of this article shall be to preserve
the public peace and good order in the Village of Penn Yan and to
contribute to the public welfare, safety and good order of its people
by establishing certain regulations and restrictions on the activities
of dogs that are consistent with the rights and privileges of other
residents of the Village.
A.
No person being the owner or agent or harborer of
any dog shall permit such dog to commit any nuisance within the Village
of Penn Yan or to cause damage to the person or property of others.
The following are declared public nuisances and are set forth herein
for explanatory purposes only and are not to be considered as excluding
other types of nuisances:
(1)
Engaging in loud howling or habitual barking or conducting
itself in such manner as to disturb the public peace.
(2)
Habitually chasing and/or barking at moving vehicles
or persons on foot.
(3)
Jumping upon any person or knocking any person over.
(4)
Being found upon the schoolyard of any of the schools
located within the Village during the time of year when said schools
are open between one hour prior to the commencement of the school
day to one hour after the end of the school day.
(5)
Running together in a pack or in any way forming a
pack. For the purpose of this article, the word "pack" is hereby defined
to mean three or more dogs.
(6)
Causing damage to property of others.
[Added 10-17-2023 by L.L. No. 16-2023]
A.
Any person
purporting to be in control of or accompanying a dog on property other
than that occupied or owned by the individual who harbors such dog
shall immediately remove, and sanitarily dispose of, any defecation
by that dog on property other than that occupied or owned by that
individual harboring such dog. This requirement applies to all public
and private property.
[Amended 9-6-1993 as L.L.
No. 4-1993; 9-20-2022 by L.L. No. 10-2022]
A.
Any person owning a dog, having charge of dog or harboring
a dog, which dog under any circumstances runs at large on any public
street, public or quasi-public sidewalk, any public place or upon
the premises of another person without the consent of such person,
within the Village of Penn Yan, shall have committed the offense of
"dog running at large." It shall not be a defense to a violation hereof
that, although any person owning, harboring, having charge of or otherwise
being responsible for control of a dog, has confined such dog in an
enclosure or restrained such dog in any manner, such dog subsequently
becomes loose and commits any act prohibited herein.
[Amended 9-6-1993 as L.L.
No. 4-1993; 9-20-2022 by L.L. No. 10-2022]
A.
Any person owning, having charge of or harboring a dog, which dog shall, by biting or attempting to bite, have attacked any person or animal on any public street, public or quasi-public sidewalk or in any public place in the Village of Penn Yan, New York, shall, after having been notified or having knowledge of the vicious propensities of such dog, which dog under any circumstances runs at large upon any public street, public or quasi-public sidewalk or any public place in the Village of Penn Yan at any time without being properly and securely muzzled with a secure metal muzzle or other device sufficient to prevent such dog from biting any person or animal shall have committed the offense of "vicious dog running at large." It shall not be a defense to a violation hereof that, although any person owning, harboring, having charge of or otherwise being responsible for control of a dog, has confined such dog in an enclosure or restrained such dog in any manner, such dog subsequently becomes loose and commits any act prohibited in § 80-5 hereof.
[Amended 9-6-1993 by L.L.
No. 4-1993; 10-17-2023 by L.L. No. 16-2023]
A.
Any person
who violates any provision of this article shall, upon conviction,
be punished by a fine of not less than $25 nor more than $250 or by
incarceration of for more than 15 days, or both such fine and incarceration.
B.
As an alternative to or in addition to a fine and/or incarceration, as provided in Subsection A hereof, the person violating such provision may be sentenced to community service. Such a community service sentence would be imposed as a definite term of hours of work to be served under the direction of the Department of Public Works of the Village of Penn Yan, and be pursuant to an order of conditional discharge issued by the court.
C.
Each violation
shall be a separate prosecutable offense.
