[Adopted 10-22-2001 by L.L. No. 5-2001]
The intent of this article is to preserve the public peace and good order of the Village of Ballston Spa by the prohibition of keeping of livestock within the Village which would create an unsafe environment and a nuisance to the residents and occupants of the Village.
As used in this article, the following terms shall have the meanings indicated:
LIVESTOCK
Includes but is not limited to horses, goats, cows, chickens, ducks, hens, pigs, roosters, ponies, tigers, and lions or any animal that produces odor, unsanitary conditions, or is a danger or nuisance to the community.
[Amended 8-12-2019 by L.L. No. 3-2019]
A. 
It shall be unlawful to keep within the Village of Ballston Spa any livestock, as defined in this article, except at authorized Village events or by any resident who is issued a permit by the Building Inspector which will enable the applicant to maintain up to six female chickens, as designated in the permit. Roosters shall not be permitted within the Village boundaries. The permit may be issued in the discretion of the Building Inspector, provided Subsection A(1) and (2) below are demonstrated by the resident, together with any other requirements which shall be included within the permit application.
(1) 
The applicant is 18 years or older.
(2) 
The applicant has control over or possesses a rear yard area, by deed, lease, or otherwise, which exceeds 800 square feet, which is not constrained by buildings, decks, sheds, swimming pools, or other similar structures and driveways. If an applicant is a tenant in a building of two or more units, the application must be accompanied by a letter of permission from the landlord. If the landlord's permission is subsequently withdrawn, the application will become null and void. If two or more tenants, sharing the same lot, each seek an application, the yard area must include an extra 200 square feet for each additional application.
(3) 
The applicant pays the required application fee as specified in the Village's fee schedule.[1]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
B. 
The permit to allow chickens may remain valid, at the discretion of the Building Inspector, as long as the applicant complies with the following:
(1) 
A shelter for hens or nesting house for chicks and fenced yard is required and must be placed in rear yards and will not be positioned closer than 20 feet to any neighboring residence, porches, decks and patios, unless the neighbor provides written authorization which allows the yard and coop to be closer. Neither the nesting house nor fencing shall be considered permanent structures or structures under Chapter 205, Zoning.
(2) 
The hens will be enclosed in a fence and/or shelter at all times.
(3) 
Hens shall be supplied with water and food at all times and be cared for in conformity with generally accepted practices. Feed will be laid out and stored so as not to attract wild animals.
(4) 
Manure shall be maintained so as not to be a nuisance to neighbors.
(5) 
Any violation of the above requirements cited by the Building Inspector or Animal Control Officer is to be corrected within three days of receipt of the citation by any member of the applicant's household who is of suitable age and discretion.
(6) 
If a cited violation is not corrected in three days, or if two notices of violation within six months have been issued, then the permit to have hens shall be revoked by the Building Inspector and the hens removed from the property within five business days.
(7) 
If an applicant has had a permit revoked, then that person and all other members of the applicant's household and/or living at that address shall not be given a permit to possess hens in the Village for two years from the date of revocation. An unrevoked permit shall continue to be effective until the applicant ceases to reside at the residence stated in the permit or until all permits are terminated by action of the Village Board of Trustees.
(8) 
Permission to possess hens in the Village is a privilege and not a right. It shall be presumed that the applicant is responsible to care for the hens.
This article shall be enforced by the Animal Control Officer or by the Village Police Department or any other enforcement officer.
Unless as otherwise prescribed by the Agriculture and Markets Law, a violation of this article shall be punishable by a sentence of 15 days' imprisonment and/or a fine not to exceed $250. Each day a violation occurs is considered a separate and distinct offense and may be charged as such.