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#1401205 - 05/11/13 09:02 PM Can't have chickens in the Town of Arcadia
grlfrday Offline
Junior Member

Registered: 05/11/13
Posts: 11
Loc: New York USA
It has been determined by the Attorney for the Town Board of Supervisors that we are in violation of Town of Arcadia Ordinance, Section 2.34 because we have four hens and a rooster and we are zoned R-1 (residential).
CONDITION IN VIOLATION:FARM-Any parcel of land containing at least 5 acres which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used.
REMEDY RECOMMENDED:Removal of chickens within 30 days from a residential zoned area.
The Attorney says because we are ingesting our eggs from our hens we are creating "gain" because we should take our money down to the local grocery store and purchase eggs. Not only do we not have 5 acres, we have on our residential zoned property -a vegetable garden, apple trees, and grape vines -agricultural products. So if we ingest our tomatoes, apples, grapes, green beans.........that is "gain" also. Along with removing the chickens we should (per the attorney's interpretation of this violation)remove our apple trees and grape vines, and we should not be allowed to have a vegetable garden......in a residential zoned property in the Town of Arcadia.

We will be speaking at the Tuesday, May 14th, 7PM Town Board of Supervisor's meeting.....There is No Town of Arcadia Ordinance for or against having chickens in a residential zoned property

Our property sits out in the country.....surrounded by agriculture fields and one neighbor......

Ed & Jackie Snyder
223 Vienna Road
Newark, NY 14513
.92 acre/have had chickens for their eggs for the last 18 years -never had a problem till last summer 2012.

If the City of Rochester, Buffalo, Canandaigua, Brooklyn.....etc can have ordinances in favor of backyard chickens, surely an agriculturally dense Town of Arcadia can......Beware

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#1401241 - 05/12/13 09:41 AM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
twocats Offline
Silver Member

Registered: 02/09/10
Posts: 11880
Loc: NYS
Wow. That is so wrong. I'd fight it!
_________________________
Humanity is an ocean; if a few drops of the ocean are dirty, the ocean does not become dirty.

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#1401266 - 05/12/13 03:08 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
Blue_man Offline
Member

Registered: 08/29/00
Posts: 372
Loc: Required, FD
I'd hire a lawyer if I were you. I'm sure you don't want to pay the expense but the board will listen to their attorney, not you. And you may say or do something that hurts the case and makes it more difficult for a lawyer you might hire later.

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#1401505 - 05/14/13 04:43 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
RATS Offline
Junior Member

Registered: 05/14/13
Posts: 1
Loc: New York
RATS as big as CATS caused by CHICKENS......

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#1401540 - 05/14/13 10:08 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
VM Smith Offline
Diamond Member

Registered: 11/29/05
Posts: 38160
Loc: Ship of Fools
Gain? Besides the cost of feed and other supplies, you might ask that attorney if he values his own labor at nothing. Sounds like a wash, to me.
_________________________
If you vote for government, you have no right to complain about what government does.

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#1401705 - 05/16/13 09:44 AM Re: Can't have chickens in the Town of Arcadia [Re: VM Smith]
Greymane Offline
Senior Member

Registered: 11/09/06
Posts: 6848
Loc: Central PA
Having had chickens, there is NO gain in a small operation like that. Additionally, if I compost my grass, is that agricultural gain? Compost is not cheap, you know! Perhaps all residents should remove their grass! (I have to admit, however, I can understand a restriction on no roosters in a residential area.)
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Against logic there is no armor like ignorance. - Dr. Lawrence J. Peter

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#1401730 - 05/16/13 12:29 PM Re: Can't have chickens in the Town of Arcadia [Re: Greymane]
VM Smith Offline
Diamond Member

Registered: 11/29/05
Posts: 38160
Loc: Ship of Fools
I agree. From '91-'93, I kept chickens, ducks, guinea hens, geese, and goats. Lots of good eating, and it was very interesting, but no gain. I'm getting the urge to keep chickens again, the more I think about our industrial chicken production.

I've seen some good designs for small mobile coops that you just move around your yard/garden once a day, so they always have fresh foraging areas, which is also good for the yard/garden, for weed and pest control, and for fertilization. It's good for the diet and health of the birds, too.


Edited by VM Smith (05/16/13 12:30 PM)
_________________________
If you vote for government, you have no right to complain about what government does.

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#1401768 - 05/16/13 07:03 PM Re: Can't have chickens in the Town of Arcadia [Re: VM Smith]
threesons Offline
Senior Member

Registered: 02/28/05
Posts: 4233
Loc: Hysteria Lane
So what was the result of the meeting??
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Liquidity

When you look at your investments and wet your pants.


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#1402216 - 05/20/13 05:49 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
grlfrday Offline
Junior Member

Registered: 05/11/13
Posts: 11
Loc: New York USA
Our presentation regarding having backyard chickens in the Town of Arcadia went well. However.......

We were told by the Town Attorney that the chickens are in violation of the Code 2.34, but he singled out the chickens ignoring the agricultural products.

We were advised by a Local Town of Arcadia resident that the Town Attorney couldn't single out the chickens per this Code violation.

We will be pursuing legal guidance as to whether his actions are appropriate or whether we have cause to object to his interpretation.

Just a reminder for all those residentially zoned properties in the Town of Arcadia, if you have chickens, vegetable garden, apple trees.......you are in violation of Code 2.34.

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#1440997 - 03/23/14 11:28 AM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
grlfrday Offline
Junior Member

Registered: 05/11/13
Posts: 11
Loc: New York USA
I'm sure you thought we had quietly gone away?

Chicken Dispute Heads to Trial
http://www.waynepost.com/article/20140305/NEWS/140309863

Our trial date is set for May 7th, 4pm at the Town of Arcadia Court. It is open to the public.

Please check out our Face Book Page! Feel free to FRIEND/LIKE us and of course, pass us on to your friends and neighbors. Please also consider taking the time to post your comments here and on our FB Page.

Free The Chickens of Arcadia NY 14513
https://www.facebook.com/freethechickensNY14513

First violation:
August 23, 2012
Article 2, Sect 2.34. Farm. Any parcel of land containing at least 5 acres which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used.

REMEDY RECOMMENDED: Removal of chickens within 30 days from a residential zoned area. (note this document had no signature and is nothing more than a definition in the ZONING ORDINANCE FOR THE TOWN OF ARCADIA, WAYNE COUNTY, NEW YORK EFFECTIVE NOVEMBER 30, 1981.)

Dispute Nothing TO Cluck About
http://waynecounty.whec.com/news/news/151921-dispute-nothing-cluck-about#.Uw1GSaoqUUc.facebook

Couple Cries Fowl
http://www.waynepost.com/apps/pbcs.dll/article?AID=/20130907/NEWS/130909909

Next we were served by Code Enforcer, Chuck Verkey with

Appearance Ticket:
Issued: July 25, 2013 "Raising poultry on less than 5 acre of land in a residential zoned district"
Article 2, Sect 2.34. Farm. Any parcel of land containing at least 5 acres which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used.
and
SECTION 9.2 Zoning Permit a. General. No building or structure shall be erected, added to, or structurally altered until a Zoning Permit therefore has been issued by the Zoning Enforcement Officer. No such permit shall be issued for any building or for any use of land where said construction, addition, alteration or use thereof could be in violation of any of the provisions of this Ordinance. Ordinary maintenance of a structure or building does not require a zoning permit.

The determination by the Judge was, simply, we could not be found in violation of a definition (2.34). However, if the Town of Arcadia could find something to charge us with in the ZONING ORDINANCE then they could try again (without prejudice).


The current violation/Appearance Ticket:
Issued: November 19, 2013. "Operating a farm without a zoning permit"
SECTION 9.2 Zoning Permit a. General. No building or structure shall be erected, added to, or structurally altered until a Zoning Permit therefore has been issued by the Zoning Enforcement Officer. No such permit shall be issued for any building or for any use of land where said construction, addition, alteration or use thereof could be in violation of any of the provisions of this Ordinance. Ordinary maintenance of a structure or building does not require a zoning permit.

SUB-DIVISION Article 2, Sect 2.34. Farm. Any parcel of land containing at least 5 acres which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used.

(Basically the Town FLIPPED the Definition 2.34 Farm and the Section 9.2a Zoning Permit -General)

Ed and Jackie Snyder
223 Vienna Road
Town of Arcadia
Newark, NY 14513

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#1443559 - 04/06/14 09:38 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
grlfrday Offline
Junior Member

Registered: 05/11/13
Posts: 11
Loc: New York USA
May 7th 4pm Town of Arcadia Court, Judge Williams, The State of New York vs Edward Snyder......Mr. Snyder could spend 6 months in prison for having 6 backyard chickens and up to $100,000.00 in fines(for every week that he has challenged the alleged violation).......The Town of Arcadia Newark NY 14513 is prosecuting him for "Operating a Business without a permit" 9.2a. How much is this costing the Town of Arcadia Newark NY 14513 residents/taxpayers to prosecute one FAMILY WITH SIX EGG LAYING HENS???????????? How can any resident in the Town not be concerned that their next door neighbor will complain that "THEY HAVE RODENTS ON THEIR PROPERTY" ......And they have this problem because their neighbor has chickens.....???? If you have a "rodent problem on YOUR property" It's simply "not my circus, not my monkeys" - Polish Proverb (look it up!). This court case is open to the public.....feel free to attend.

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#1443865 - 04/08/14 09:25 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
grlfrday Offline
Junior Member

Registered: 05/11/13
Posts: 11
Loc: New York USA
We attended the monthly Town Board (of Arcadia)Meeting....When I asked, "What is happening with the updating the Code Enforcers Book?" We learned there were no funds and essentially......it's going no ware.

Guess that means that neither complaints are valid.....

One is a definition of a Farm and the other has nothing to do with operating a business......

Article 2, Sect 2.34. Farm. Any parcel of land containing at least 5 acres which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used.
and
SECTION 9.2 Zoning Permit a. General. No building or structure shall be erected, added to, or structurally altered until a Zoning Permit therefore has been issued by the Zoning Enforcement Officer. No such permit shall be issued for any building or for any use of land where said construction, addition, alteration or use thereof could be in violation of any of the provisions of this Ordinance. Ordinary maintenance of a structure or building does not require a zoning permit.

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#1443866 - 04/08/14 09:30 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
grlfrday Offline
Junior Member

Registered: 05/11/13
Posts: 11
Loc: New York USA
Feel free to fill out a FOIL Request! As a tax payer you want to ask......"How much is this costing me?"

FOIL = Freedom Of Information Law

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#1446473 - 05/04/14 04:48 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
grlfrday Offline
Junior Member

Registered: 05/11/13
Posts: 11
Loc: New York USA
Please consider taking the time to attend our court trial.



ARCADIA TOWN COURT
100 EAST MILLER STREET
NEWARK, NY 14513

ARTHUR B. WILLIAMS
TOWN JUSTICE

PEOPLE OF THE STATE OF NEW YORK VERSUS:
EDWARD SNYDER CASE NO: 13120002
223 VIENNA ROAD
NEWARK, NY 14513

TICKET NO. OFFICER STATUTE/SECTION CHARGE TEXT
---------------------------------------------------------------
0103 VERKEY, J.C. TO 9.2a NO PERMIT-OP.BUSNS

DATE: 05/07/2014 TIME: 4PM

ARCADIA TOWN COURT 100 EAST MILLER STREET
NEWARK, NY 14513
SECOND FLOOR COURTROOM

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#1446706 - 05/06/14 07:48 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
young guns Offline
Senior Member

Registered: 04/09/13
Posts: 718
Loc: USA
next thing they will want to raise pigs. Oh hell how about a few
cows and goats to go along with this mini farm?
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America is not at war. The U.S. Military is at war.
America is at the Mall.

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#1446756 - 05/07/14 06:16 AM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
grlfrday Offline
Junior Member

Registered: 05/11/13
Posts: 11
Loc: New York USA
Dear Young Guns......there is no ordinance in the code enforcers manual that says, "chickens (poultry) are not permitted on residential properties in the Town of Arcadia" ......and Yes, that includes pigs, cows and goats.

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#1446827 - 05/07/14 04:33 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
young guns Offline
Senior Member

Registered: 04/09/13
Posts: 718
Loc: USA
Really! How can they enforce something that isn't addressed
in the manual? Are they making up laws as they go along?
To me it sounds like you all need Cuomo's help. He likes shoving laws do the people's throats as he goes along, nice politician JMO
_________________________
America is not at war. The U.S. Military is at war.
America is at the Mall.

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#1446855 - 05/07/14 08:57 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
grlfrday Offline
Junior Member

Registered: 05/11/13
Posts: 11
Loc: New York USA
We won! The judge ruled in our favor and dismissed the case. There is no ordinance, law or provision in the Code Enforcers Manual that says you can't have chickens as pets on residential owned properties in the Town of Arcadia. DONE!

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#1447246 - 05/11/14 09:29 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
grlfrday Offline
Junior Member

Registered: 05/11/13
Posts: 11
Loc: New York USA
We let the girls out in the backyard....... Free ranging once again. Put the fence up around the garden, which Ed rototilled yesterday. I thought about moving the coop closer up the hill by the garden. We felt violated by the code enforcer and our next door neighbor photographing our property from her property, without our consent.

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#1447325 - 05/12/14 05:47 PM Re: Can't have chickens in the Town of Arcadia [Re: grlfrday]
twocats Offline
Silver Member

Registered: 02/09/10
Posts: 11880
Loc: NYS
Congratulations!
_________________________
Humanity is an ocean; if a few drops of the ocean are dirty, the ocean does not become dirty.

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