[Adopted 8-13-1959]
For the purpose of this article, the terms used
herein are defined as follows:
An establishment that keeps, harbors or raises more than
two in number of mink for any purpose.
Any individual, firm, company, association, society, corporation
or group.
An establishment that keeps, harbors or raises more than two in number of pigs, swine or hogs for the purpose of sale, but not a farm premises where pigs are raised for home consumption by the farm occupant as provided in § 70-13 hereof.
A.Â
No person shall establish or operate or maintain a
mink farm or a pig farm within the limits of the Town of Wallkill,
but this prohibition shall not apply to mink farms or pig farms in
existence on the effective date of this article for which a registration
certificate has been issued by the Town Clerk.
B.Â
It shall be unlawful for any person to continue to
operate a mink farm or a pig farm which is in existence on the effective
date of this article unless a registration certificate therefor is
issued by the town pursuant to this article on or before November
30, 1959. Applications for registration certificates shall be made
to the Town Clerk, who shall issue same without fee.
[Amended 10-8-1959]
All quarters for mink shall be constructed so
that same are accessible for cleaning. All quarters or pens for mink
or pigs shall be maintained in a sanitary condition, and no accumulation
of manure, waste or feed shall be permitted such as shall cause obnoxious
odors or unsanitary conditions.
[Amended 10-8-1959]
Nothing in this article shall prevent the raising
of, and it shall be lawful to raise, by an owner or occupant of farm
premises for consumption by himself or his family, not more than six
pigs, provided that any litter of such shall be disposed of within
12 weeks and that all such pigs, except pens or quarters that are
in existence on the effective date of this article, must be housed
not less than 200 feet from any highway or adjoining property line.
Nothing herein shall restrict or limit the application
to mink farms and pig farms of the provisions of any zoning ordinances
adopted for the town after the effective date hereof.
A.Â
Any person violating any provision of this article
shall be deemed to have committed an offense against this article
as provided by § 135 of the Town Law, and any violation
shall be punishable by a fine not exceeding $100 for each offense
or by imprisonment in the county jail for not more than 60 days, or
by both such fine and imprisonment.
B.Â
In addition, any person violating this article shall
be liable for a civil penalty in the sum of $50 for each offense,
such penalty to be recovered by the Town of Wallkill in a civil action;
and when a violation of this article is continuous, each 24 hours
thereof shall constitute a separate and distinct offense.
C.Â
The Town Board of the Town of Wallkill may also maintain
an action or proceeding in the name of the town to compel compliance
with or to restrain by injunction any violation of this article.