[HISTORY: Adopted by the Town Board of the
Town of Brighton 7-14-1943. Amendments noted where applicable].
GENERAL REFERENCES
Comprehensive development regulations — See
Volume II.
[Amended 1-24-1996 by L.L. No. 1-1996]
It is the purpose of this chapter to promote
the health, safety, morals and general welfare of the inhabitants
of the Town of Brighton and to preserve the public peace and good
order by the regulation of riding stables.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any place or enclosure in which is placed or maintained
one (1) or more riding horses for the purpose of offering the same
for riding either to the public or to the members of a private riding
group or club.
No owner or operator or a riding stable within
the Town of Brighton shall operate the same without first obtaining
a license therefor.
[Amended 1-24-1996 by L.L. No. 1-1996]
The Town Clerk of the Town of Brighton, upon
written application of the owner or operator and upon receipt of the
license fee therefor, may, after investigation made by the Chief of
Police, the Animal Control Officer or any designee of the Chief of
Police, issue a license to become effective from the date thereof
and to continue in force for the term specified therein, but in no
event longer than through the 31st day of December next succeeding.
Such license shall not be transferable nor assignable.
The application for such license shall state:
A.
The name and address of the applicant, if an individual,
and the name and address of the partners, if a partnership, and the
names and addresses of the principal officers, if a corporation.
B.
The name and address of the owner of the premises
upon which the riding stable is located.
C.
The nature of the interest of such applicant in said
premises.
D.
The approximate size of the land or premises upon
which the riding stable is located.
E.
The number and size of the buildings on the premises,
including the number and size of the outer doors therein, and the
facilities for the keeping of horses, including the number, size and
type of stall and the size and nature of any outside enclosure or
corral.
F.
The number of horses kept or maintained and planned
to be kept or maintained on the premises.
[Amended 1-24-1996 by L.L. No. 1-1996]
The facts disclosed in such application shall
be investigated by any designee of the Chief of Police for the purpose
of approval or rejection. The Town Clerk, within thirty (30) days
after the receipt of such application, shall approve or reject said
application.
Any person deeming himself or herself aggrieved
by the action of the Town Clerk may, within thirty (30) days thereafter,
apply to the Town Board of the Town of Brighton for a review of such
action. The Town Board may affirm or reverse or modify the determination
of the Town Clerk and may direct the Town Clerk to issue or refuse
such license.
[Amended 1-9-1991; 1-24-1996 by L.L. No. 1-1996]
The applicant at the time of application shall
pay an application fee to the Town Clerk and a further fee for each
horse and a further fee for each additional horse acquired after the
fee paid at the time of application, as such fees may be set by resolution
of the Town Board and on file in the Clerk's office, to be refunded,
however, if the license is denied.
[Amended 10-18-1943; 1-24-1996 by L.L. No. 1-1996]
A.
Manner of operation. No riding stable, its property,
equipment or appurtenances used in connection therewith shall be operated
or maintained in such manner that horses leave the premises and enter
upon any public thoroughfare or private property within the Town of
Brighton without a rider.
B.
Size of stall and necessary equipment. Each horse
shall be provided with a stall at least five (5) feet six (6) inches
wide and nine (9) feet long within a covered enclosure. Not more than
one (1) horse shall be permitted in a box or straight stall. Each
horse shall be provided with a manger for hay and oats and shall be
afforded an ample supply of water.
C.
Disposal of manure. All manure shall be placed in
a fully enclosed manure pit which shall contain a seven-foot ventilator,
except where manure is removed from the premises every forty-eight
(48) hours.
D.
Doors.
(1)
Each side of every building in which horses are to
be stabled shall contain a door leading to the outside, which said
door shall be at least four (4) feet six (6) inches wide and eight
(8) feet high.
(2)
The Town Board is hereby empowered to make changes
in and exceptions to the requirements of this subsection, provided
that undue hardship would be imposed by strict compliance therewith,
and provided that such exceptions can be made only with respect to
a building which had been erected previous to the effective date of
this chapter.
[Added 10-18-1943]
The Chief of Police of the Town of Brighton
or any police officer acting in such capacity shall enforce all of
the provisions of this chapter with the assistance of the police officers
of the Town of Brighton. Such officers and employees shall have the
right to enter upon such premises at all times.
If the Chief of Police of the Town of Brighton
or any officer acting in such capacity finds that such riding stable,
its property, equipment or appurtenances used in connection therewith
is not being maintained or conducted in full conformity with the provisions
of this chapter or of any other statute or ordinance applicable thereto,
the Chief of Police shall certify such fact, in writing, to the Town
Board who shall thereupon cause to be served upon the holder of the
license by registered mail a notice, in writing, requiring the person
so notified to appear before the Town Board at a time to be specified
in such notice not less than forty-eight (48) hours from time of the
mailing of such notice and show causes why such license should not
be revoked. The Town Board may thereupon, after a hearing, revoke
such licenses if it is satisfied that the provisions of this chapter
have not been complied with or for other sufficient cause. Upon the
revocation of such license, the former holder thereof shall immediately
cease the operation of such riding stable.
[Amended 1-24-1996 by L.L. No. 1-1996]
Any person, firm or corporation who or which violates any provision of this chapter shall be guilty of a misdemeanor and subject to the penalties provided in Chapter 1, General Provisions. The imposition of all penalties for any violation of this chapter shall not excuse the violation or permit it to continue. The application of the above penalty or penalties or the prosecution of the violation of the provisions of this chapter shall not be held to prevent the enforced removal of conditions prohibited by this chapter or the revocation of the license issued hereunder. Each week of continuation of the violation shall constitute a separate and distinct offense punishable as above set forth.
The provisions of this chapter are retroactive
and shall apply to all riding stables, their property, equipment or
appurtenances used in connection therewith, now or hereafter operating
in the Town of Brighton. Every owner or operator of a riding stable
in operation when this chapter becomes effective shall apply for a
license hereunder within seven (7) days after the chapter takes effect.
