A.
Prohibited unless otherwise permitted.[1] No person shall breed, raise, harbor or maintain any bees,
poultry, chickens, turkeys, ducks, geese or any other fowl, or any
swine, horses, mules, goats or any other animals or reptiles except
domesticated pets within this Village unless specifically authorized
in any other provision of this Municipal Code.
B.
DOMESTICATED PETS
Definition. As used in this section, the following
term shall have the meaning indicated:
Any animals, birds, reptiles or fish customarily kept in
or about the home or place of residence which are not vicious, dangerous,
or otherwise obnoxious, objectionable or offensive.
C.
Preexisting use; exception. Any person legally keeping
domestic animals or fowl at the effective date of this chapter may
continue to do so; provided, however, that such animals or fowl are
kept in a clean and sanitary manner, that they do not constitute a
nuisance, and that the keeping thereof shall be limited to the area
presently in use.
D.
Notwithstanding the foregoing, the keeping of chickens is allowed,
provided the following requirements are met:
[Added 8-22-2012 by L.L. No. 8-2012; amended 10-22-2014 by L.L. No.
12-2014]
(1)
The number of animals shall be limited as follows:
(a)
All chicken coops and other structures (including fencing) must
meet all relevant setback and other zoning requirements for accessory
structures.
(2)
The care and treatment of chickens shall meet the following minimum
requirements:
(a)
Chickens shall be provided a minimum of three square feet of
coop space, plus 10 square feet of run space per chicken.
(b)
No roosters shall be permitted.
(c)
Livestock and fowl in residential zones are allowed only for
domestic use or consumption and shall not be raised, sold, or bartered
for commercial purposes.
(d)
Chickens must be kept in a fenced-in area which includes a coop.
(3)
Property owners who wish to keep chickens on their property must
apply for a chicken-keeping license from the Building Inspector, or
his/her designee, good for one year.
(a)
Tenants who wish to keep chickens must apply for a chicken-keeping
license jointly with the property owner.
(b)
The Building Inspector, or his/her designee, may deny the permit
for failure to meet any of the requirements set forth below, or for
other public health, safety and welfare reasons related to the application
or the property, or on the basis of prior violations of this section
by the applicant.
(c)
In the event an application for a permit is denied by the Building
Inspector, or his/her designee, the applicant may appeal to the Zoning
Board of Appeals within 30 days of such denial, setting forth the
grounds upon which the applicant believes that the application should
have been granted. The Zoning Board of Appeals shall approve or deny
the application on the same or other grounds related to the provisions
of this subsection, or the public health, safety and welfare within
90 days of the date that the appeal is filed.
(4)
All chicken-keeping license applications shall include:
(a)
The name, address, telephone number and e-mail address of each
applicant;
(b)
The address of the property on which chickens are to be kept;
(c)
A signed statement from the Building Inspector, or his/her designee,
that the chicken coop meets the following requirements:
[1]
Meets setback requirements regardless of its dimensions or height;
[2]
There is only one such structure per lot;
[3]
The fences, fenced-in area, and structure are in the rear or
side yard;
[4]
A permit to construct same from the Building Inspector, or his/her
designee, the fence and/or structure does not exceed five feet in
height;
[5]
Any other information that the Board of Trustees shall deem
necessary as adopted by resolution;
(d)
A signed statement from the applicant, agreeing to adhere to
the following conditions:
[1]
All coops or related structures shall be subject to inspection
during and after their construction at reasonable times with reasonable
notice from the Building Inspector, or his/her designee;
[2]
A yearly renewal of the chicken-keeping license;
[3]
That in the interest of the public safety and welfare, all coops
shall be cleaned daily;
[4]
No composting or on-site burial of chicken manure shall be allowed;
[5]
All chickens shall be cooped from dusk until at least 7:00 a.m.
the following morning;
[6]
Chicken feed and other materials associated with the keeping
of chickens will be kept in a tightly covered container so as to prevent
the attraction of rodents or other pests;
[7]
The chicken enclosure must be clean and free of noticeable odors
across property lines;
[8]
The chicken enclosure shall be constructed and maintained in
such a manner as will safely and securely house chickens and shall
be kept free of rodent infestation at all times;
[9]
Any other information that the Board of Trustees shall deem
necessary.
(5)
Licensing fees. The licensing fee shall be set yearly by the Village
Board at the annual reorganization meeting.
(6)
Penalties. Violators of these provisions may be issued one warning
in lieu of being issued a violation, but the Village is not required
to give a warning as a prerequisite to issuing a violation. Penalties
for violations shall be set yearly by the Village Board at the yearly
reorganization meeting.
(7)
Chicken enclosures which predate the amendment of this section may be grandfathered from the size requirements of this subsection pending inspection and approval by the Building Inspector as soon as practicable following the enactment of the amendment of this section, provided the application required in Subsection D(3) and (4) of this section is submitted to the Village. Any enclosure that is grandfathered may not be enlarged in any respect and must be removed if damaged by more than 50% of its entire square footage.
E.
Notwithstanding
the foregoing, the keeping of bees is allowed, provided that the following
requirements are met:
[Added 8-28-2019 by L.L. No. 5-2019]
(1)
BEE HIVE
NUCLEUS
Definitions:
An enclosed, man-made structure in which some honeybee species
live and raise their young.
A hive of bees which consists of fewer frames than a typical
hive and may be smaller in size. A nucleus usually consists of two
to five frames of comb and used primarily for starting new colonies
or rearing or storing queens; also called and commonly referred to
as a nuc.
(2)
Beehives may be placed on private property no closer than 25 feet
from a sidewalk or public walkway.
(3)
All beekeepers must be residents of the Village of New Paltz and
register their hives with the Village Building Department on a form
prescribed by the Village Board of Trustees. There is no charge for
a one-time registration but all hives must be registered or residents
shall forfeit their right to maintain a hive(s) if not registered
within 60 days of placement.
(4)
Beekeepers must post a bee warning sign cautioning of presence of
hives present within 20 feet of the hives.
(5)
No more than four hives and two nucleuses are permitted.
(6)
No commercial use of bees or selling of honey in excess of 40 (40
pounds per season is permitted).
(7)
For all other matters regarding bees and beekeeping the regulations
detailed in New York State Department of Agriculture and Markets Division
of Plant Industry Circular 807 shall apply.
(8)
Penalties. Violators of this subsection may be issued one warning
in lieu of being issued a violation. However, the Village is not required
to give a warning as a prerequisite to issuing a violation. Penalties
for violations shall be set annually by resolution of the Village
Board of Trustees.
(9)
Beehives which predate the amendment of this section may be grandfathered from the requirements of this subsection pending inspection and approval by the Building Inspector as soon as practicable following the effective date of this subsection, provided that the registration form required in Subsection E(3) of this section is submitted to the Village within 60 days from the effective date of this subsection.
Any person violating any provision of this article shall be punished as provided in § 1-10 of this Municipal Code.
