This article shall be known and may be cited
as the "Ordinance Controlling, Regulating and Restricting the Keeping
of Swine Within the Town of Esopus, Ulster County, New York."
The rules, regulations and provisions hereinafter
set forth controlling, regulating and restricting the keeping of swine
within the Town of Esopus have been adopted for the purpose of promoting
the health and general welfare of the residents of the Town of Esopus.
It is the intention to prescribe reasonable rules and regulations
governing the raising of swine within the town and to prohibit the
establishment of any new swine or hog farms 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 and 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 Esopus, 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 Esopus and
any duly authorized agent or employee of said town shall have the
right to enter upon the premises at any reasonable time and shall
have the right at all times to inspect all parts of said premises
on which swine are kept.
If a police officer, a duly authorized representative
of the Ulster County Health Department or any authorized representative
of the Town of Esopus 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, and the Town Board 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 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 may cause a
notice, in writing, to be served upon the holder of such 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 Esopus at a
time specified in such notice and to show cause why such permit should
not be revoked. The Town Board 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 shall find that said premises
are not maintained in a clean and sanitary condition or if the Town
Board 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 a duly authorized representative of the Ulster County Health Department
and the Town Board, 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 Esopus 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 Esopus, New
York, except upon the premises being used for the raising of swine
at the time of adoption of this article.
[Amended 4-16-1981 by L.L. No. 6-1981]
Any person who violates any provision of this
article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
In addition, the violation of this article or of any of the provisions
thereof shall subject the person, firm or corporation violating the
same to a civil penalty, and when a violation of this article or any
of its provisions is continuous, each 24 hours thereof shall constitute
a separate and distinct violation, said penalty to be recovered by
the Town of Esopus in a civil action. The application of the above-described
penalties or any prosecution for the violation of the provisions of
this article shall not be deemed to prevent the revocation of any
permit or the forcible removal of conditions prohibited by 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 ordinance or health regulation of the Town of Esopus.