Harboring Farm Animals

ORDINANCE NUMBER

An introduction by Council Member Herring

AN ORDINANCE AMENDING CHAPTER 115 OF THE CODE OF THE CITY OF ALBANY BY ADDING THERETO A NEW ARTICLE VIII TO BE ENTITLED: “FARM ANIMALS.”

            The City of Albany, in Common Council convened, does hereby ordain and enact:

Section 1.  Chapter 115 of the Code of the City of Albany is hereby amended by adding a new Article VIII to be entitled “Farm Animals” and to read as follows:

ARTICLE VIII

FARM ANIMALS

Section 115-30. Purpose.

The purpose of this Article is to protect the residents of the City of Albany from nuisance by animals usually known as farm animals or fowl.  The keeping or harboring of farm animals within the City of Albany is incompatible with urban life.

Section 115-31. Violation.

No person shall keep, harbor, or shelter any farm animal or fowl within the City of Albany.  For purposes of this Article, farm animal or fowl shall include cows, cattle, horses, ponies, donkeys, mules, pigs, goats, sheep, chickens, ducks, geese, or other animals or fowl usually known as farm animals or fowl, but not solely limited to the aforementioned and not including common household pets.

Section 115-32. Exemption.

The Normanskill Farm shall be exempt from the provisions of this Article.

Section 115-33. Penalties.

Any person violating any provision of the Chapter shall, upon conviction thereof, be punishable by a maximum fine of two hundred and fifty dollars ($250) or by imprisonment for not more than fifteen (15) days or both.

Section 2. Savings clause.  In the event that this ordinance or any provisions of it shall be deemed by a court to be in conflict with a provision of the New York State Constitution or with a general law, or if adherence to or enforcement of any section of this ordinance shall be restrained by a court, the remaining provisions of this local law shall not be affected.

Section 3.  This ordinance shall take effect 30 days after its adoption into law.

            Approved as to form this     day of                    , 1999.