Town of babylon code for keeping chickens as pets

The Issue

I currently live in the town of Babyon located in Suffolk county New York and have had my pet chickens for approximately 5 years. The town code states that :: 

§ 106-14 Keeping fowl near dwelling of other people.
No person shall keep, maintain, house or possess any fowl on or in any building, yard or enclosure within the Town which shall be within 100 feet of the dwelling house or living quarters of any other person.

 

Most properties in the town have much less yard space than 100ft in fact most properties are about 100ft so this would be nearly impossible. My fight is to change the code to something more reasonable but still with some strict enforcement. The surrounding towns are much less strict and more reasonable town  of Islip code for example ::

§ 12-33 Nuisance or health hazard.
Poultry shall be deemed to constitute a nuisance or to create a hazard to public health, in the absence of compliance with the following conditions:


A. Poultry shall be kept or maintained only in rear yards and shall, at all times, be securely enclosed within an accessory structure, yard or enclosure in such manner as to prevent the running at large or flying out of such fowl.[Amended 8-17-2010 by L.L. No. 8-2010]
 
B. No more than 15 birds herein defined as poultry may be kept or maintained for every 500 square feet of rear yard space being used for the keeping of poultry.
 
C. Poultry shall be confined at all times to the property on which they are kept, possessed or maintained.
 
D. Poultry refuse and feed must be stored in metal containers with metal covers, or in a rodentproof container.
 
E. No person who keeps, possesses, maintains or houses poultry shall permit the poultry to make noises of such a nature as to be heard beyond the property on which such poultry are harbored between 11:00 p.m. and 7:00 a.m.
 
F. The area in which poultry are kept shall be cleaned regularly (at least once each day) and shall always be maintained in a sanitary condition.
 
G. All structures in which poultry are kept are accessory buildings requiring building permits and must maintain ten-foot setbacks from side and rear yards.

I am completely aware of the rodents that can potentially be attracted by the chicken food but if well maintained & cleaned & even a limit to the amount of chickens is in play this can very easily be avoided. 

 

Please help with this issue I have raised my ladies from birth & it would kill me to have to get rid of them because of this code. 

 

My enclosure is 18ftx26ft food is away food tray is only accessible by pressing down on a lever it’s reenforced with cinderblocks & chicken wire closed in with a 4ft fence 45ft from my house & 50 from the neighbors. 

2,154

The Issue

I currently live in the town of Babyon located in Suffolk county New York and have had my pet chickens for approximately 5 years. The town code states that :: 

§ 106-14 Keeping fowl near dwelling of other people.
No person shall keep, maintain, house or possess any fowl on or in any building, yard or enclosure within the Town which shall be within 100 feet of the dwelling house or living quarters of any other person.

 

Most properties in the town have much less yard space than 100ft in fact most properties are about 100ft so this would be nearly impossible. My fight is to change the code to something more reasonable but still with some strict enforcement. The surrounding towns are much less strict and more reasonable town  of Islip code for example ::

§ 12-33 Nuisance or health hazard.
Poultry shall be deemed to constitute a nuisance or to create a hazard to public health, in the absence of compliance with the following conditions:


A. Poultry shall be kept or maintained only in rear yards and shall, at all times, be securely enclosed within an accessory structure, yard or enclosure in such manner as to prevent the running at large or flying out of such fowl.[Amended 8-17-2010 by L.L. No. 8-2010]
 
B. No more than 15 birds herein defined as poultry may be kept or maintained for every 500 square feet of rear yard space being used for the keeping of poultry.
 
C. Poultry shall be confined at all times to the property on which they are kept, possessed or maintained.
 
D. Poultry refuse and feed must be stored in metal containers with metal covers, or in a rodentproof container.
 
E. No person who keeps, possesses, maintains or houses poultry shall permit the poultry to make noises of such a nature as to be heard beyond the property on which such poultry are harbored between 11:00 p.m. and 7:00 a.m.
 
F. The area in which poultry are kept shall be cleaned regularly (at least once each day) and shall always be maintained in a sanitary condition.
 
G. All structures in which poultry are kept are accessory buildings requiring building permits and must maintain ten-foot setbacks from side and rear yards.

I am completely aware of the rodents that can potentially be attracted by the chicken food but if well maintained & cleaned & even a limit to the amount of chickens is in play this can very easily be avoided. 

 

Please help with this issue I have raised my ladies from birth & it would kill me to have to get rid of them because of this code. 

 

My enclosure is 18ftx26ft food is away food tray is only accessible by pressing down on a lever it’s reenforced with cinderblocks & chicken wire closed in with a 4ft fence 45ft from my house & 50 from the neighbors. 

The Decision Makers

Richard Schaffer
Richard Schaffer
Town of babylon supervo

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Petition created on May 22, 2019