About a dozen people attended a public hearing Monday night prior to the village of Wellsville Trustee meeting. The topic was to accept comments on Local Law #4 of 2025 entitled "The keeping of Chickens." Village officials said Trustee Gary Pearson was unable to attend and after hearing from the public, Mayor Randy Shayler decided the proposed law should be placed on hold until February 24.
Here is how the proposed local law reads:
[HISTORY] This local Law amends Local Law #4 of 1999 which amended Local Law #6 of 1978 known as the “The Village of Wellsville Zoning Local Law of 1978”.
BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF WELLSVILLE as follows:
The Village of Wellsville Zoning Local Law of 1978, Section II, 2.02. Definition of Words and Terms, Subsection.10 Agricultural Use is amended to allow the keeping of chickens in the Village subject to adherence to the provisions provided herein.
SECTION I: Purpose
The regulations for animals within the Village of Wellsville as established by law are designed to protect the public health and safety of its citizens and to promote the general welfare of the citizens and animals residing within the Village. Animal ownership is encouraged and welcomed within this Village; however, strong emphasis is placed on responsible ownership of animals. Primary responsibility is placed upon animal owners to properly train and/or secure their animals so as to prevent them from causing injuries and/or creating nuisances.
The Board of Trustees finds that the keeping of chickens within the Village limits may have a measurably positive impact upon the health and welfare of Village residents. Regulation of such practice is necessary to ensure that the keeping of chickens will not negatively impact surrounding properties or landowners.
SECTION II: Requirements
A. Permit Required
1. The keeping and raising of chickens within the Village of Wellsville shall be authorized only upon obtaining a permit from the Village Zoning Enforcement Officer hereinafter referred to as “ZEO”. Said permit shall be made upon an application form to be promulgated by the Village Board, and upon satisfactory inspection(s) by the ZEO to verify compliance with the requirements of this article.
2. Permits shall not be transferrable. Only one permit will be issued per residence. Permits shall not be transferrable. Only one permit will be issued per residence.
3. A twenty-five-dollar fee ($25) is required to be paid to the Village Clerk upon submission of the application.
4. Adjoining property owners, or current residents, of the applicant’s property will be consulted and approve the issuance of the permit by returning a signed letter to the ZEO/CEO. Any objection will nullify the application. The standardized letter will be sent by the ZEO/CEO to the appropriate parties, and be returnable to the same. After fifteen (15) days of the mailing, the failure to return the letter to the ZEO/CEO will be deemed as support of the applicant’s pursuit of a permit.
a. The initial support of an adjoining property does not preclude them from future complaints regarding the applicant’s keeping of chickens.
b. Properties with a lot size two (2) acres or greater are exempt from this requirement provided they comply with all other provisions.
5. The raising of chickens shall be subject to all applicable sanitary, noise, and property maintenance regulations. Should the keeping of chickens on any property become a public nuisance, as determined by the ZEO/CEO, the permit will be revoked. A nuisance may include, but is not limited to:
a. Any odor that is perceptible beyond the property line;
b. Any unsanitary condition;
c. Chickens roaming beyond the property line.
B. Zoning exclusion
1. Only applicants residing at residential properties located in the R Residential Districts within the Village of Wellsville shall be authorized to apply for a permit to keep and raise chickens. The raising of chickens in any other Village zoning district other than R Residential Districts shall not be allowed.
2. The keeping and raising of chickens in a multifamily complex or apartment setting shall be expressly prohibited.
C. Area Requirements
1. All chickens must be kept at all times in a secure pen or enclosure, constructed and maintained to prevent the chickens from running at large. The pen must be resistant to rodents and predators, and provide chickens with adequate protection from inclement weather.
2. Pens or enclosures
a. The pen or enclosure is to be constructed of materials that are reasonably complementary to existing structures within the viewshed of the pen or enclosure, in order to forestall complaints by neighbors or persons within viewing vicinity of the pen or enclosure.
b. Only one pen or enclosure shall be permitted on any residential property.
c. All pens or enclosures must be located at least twenty (20) feet from side and rear property or lot lines, and at least fifty (50) feet from any neighboring residence.
Pens or enclosures on lots two (2) acres in size or greater must be seventy-five (75) feet from any other lot line and one hundred (100) feet from any other residence without neighbor’s written support.
d. Location .
No pen or enclosure shall be permitted in a front yard.
Pens or enclosures must be located to the rear of the rear wall of the applicant’s home. On a corner lot, the applicant must locate the pen to the rear of the rear wall of the applicant’s home. An exclusion to this location is if the side and/or rear of the applicant’s premises is surrounded by a privacy fence which precludes neighbors or persons within viewing vicinity from seeing the pen or enclosure.
The location and design of the pen or enclosure must be approved by the ZEO/CEO before the applicant shall be permitted to keep chickens on the premises.
3. If the applicant’s lot is not sufficient in area to meet the setback requirements of this article, the applicant shall not be entitled to a permit to keep chickens on the premises.
D. Minimum standards for condition of pen or enclosure
1. No more than six (6) chickens may be housed or kept on the property at any time. No roosters shall be permitted.
The pen or enclosure must be maintained in a sanitary condition at all times. Feed for chickens must be stored in secure containers that will not attract rodents, vermin or pests of any type. Chicken waste shall not be composted or mulched on-site. Chicken containers shall be stored in appropriate containers that do not create any nuisance.
E. Inspection of chicken pen or enclosure by ZEO/CEO
1. All applicants for a permit to authorize the keeping of chickens in the Village of Wellsville shall agree, as an incident of the application process, to allow the ZEO/CEO to enter upon the premises of the applicant, upon application or complaint, to inspect the pen or enclosure, at any reasonable time during daylight hours, to verify compliance with the requirements of this article. It is specifically understood, and a condition of the application, that the applicant shall allow such inspection without the necessity of prior notice. Because all pens or enclosures housing chickens are to be located in the exterior lot areas inspected and authorized by the ZEO/CEO, it shall be deemed permissible for the ZEO/CEO to enter upon the premises of any party maintaining a pen or enclosure sheltering chickens.
F. Miscellaneous provisions
1. The slaughter of chickens shall take place inside an enclosed structure, or in an area of the permit holder’s lot which is certain to be shielded from view of the street or neighboring homes.
2. In the event that any conflicting state or county law, regulation or similar legislation shall address the keeping of chickens in a Village setting, the requirements of this article shall supersede such legislation unless such legislation is more restrictive, in which case the state or county law or regulation shall apply.
SECTION VI:
Penalty
A. Noncompliance with any of the above provisions will result in revocation of the permit and removal of all chickens and associated structures within 30days and/or;
B. Upon conviction, a violation of this local law shall be deemed an offence and punishable by a fine of $50 - $250. The continued violation of this local law shall constitute, for each day the offence is continued, a separate and distinct offense hereunder. In addition, a violation of the provisions of this local law may be grounds for denying a permit in the subsequent year(s).
SECTION VII:
Enforcement
This local law shall be enforced by the Village Zoning Officer or the Village Code Enforcement Officer. The Village Zoning Officer, Code Enforcement Officer or Village Attorney is authorized to prosecute violations of this Local Law.
SECTION IX:
Severability
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of this local law, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
SECTION X.
Revisions
This law may be amended going forward through Board resolution.
Effective Date
This local law shall take effect immediately upon filing in the office of the
Secretary of State as required by law.
