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VILLAGE OF CAYUGA HEIGHTS
PROPOSED LOCAL LAW AA@ OF THE YEAR 2011
A LOCAL LAW AMENDING SECTION 9 OF THE VILLAGE OF CAYUGA
HEIGHTS ZONING ORDINANCE TO PERMIT DEER FENCES.
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
SECTION I. PURPOSE AND INTENT.
The purpose of this Local Law is to amend Section 9, AFences and Walls,@ of the Village
of Cayuga Heights Zoning Ordinance to permit the erection of Deer Fences (as defined herein)
within the Village of Cayuga Heights (the “Village@). The intent of this Local Law is to protect
the health, safety, and welfare of Village residents and their property from injury and damage due
to deer population growth within the Village.
SECTION II. AUTHORITY.
This Local Law is enacted pursuant to the grant of powers to local governments provided
for in (i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not
inconsistent with the provisions of the New York State Constitution or not inconsistent with any
general law relating to its property, affairs, government or other subjects provided for in said
Section 10 of the Municipal Home Rule Law, (ii) Section 10 of the Statute of Local Governments
and (iii) Section 7-700 of the Village Law.
SECTION III. AMENDMENT OF ZONING ORDINANCE.
As of the effective date of this Local Law, Section 9 of the Village’s Zoning Ordinance
shall have the following language added after the first paragraph:
ADEER FENCES IN SIDE AND REAR YARDS: Deer Fences not exceeding 8 feet in
height above the natural grade (including posts, gates and all other portions of the fence
structure) shall be permitted in the side and rear yards of any property, up to and including
on the property line. Zoning permits shall be required for all Deer Fences. Prior to the
erection or construction of any Deer Fence, the property owner must obtain a zoning
permit signed by the Code Enforcement Officer of the Village of Cayuga Heights
permitting the Deer Fence. In the event that any applicant for such a zoning permit for a
Deer Fence is denied such permit on the basis that the proposed fence is non-compliant
with the Deer Fence terms and provisions provided for herein, the applicant for the zoning
permit shall have the right to appeal the Code Enforcement Officer’s denial and thereupon
request from the Village’s Zoning Board of Appeals an area variance for the proposed
Deer Fence.
For the purpose of this Section 9, ADeer Fences@ shall be defined as a fence commonly
used to protect gardens, vegetation and yards from deer and constructed so that (i) any
portion of such fence that is more than 4 feet above the natural grade, when viewed from a
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position that is at a right angle to the face of the fence, is at least 90% open and (ii) all of
such fence structure and materials are the same color, with colors limited to black, brown
or green. Notwithstanding the foregoing, chain link fences shall not be considered Deer
Fences under this Article even if they meet the criteria in this definition.@
SECTION IV. SUPERSEDING EFFECT.
All Local Laws, resolutions, rules, regulations and other enactments of the Village of
Cayuga Heights in conflict with the provisions of this Local Law are hereby superceded to the
extent necessary to give this Local Law full force and effect.
SECTION V. VALIDITY.
The invalidity of any provision of this Local Law shall not affect the validity of any other
provision of this Local Law that can be given effect without such invalid provision.
SECTION VI. EFFECTIVE DATE.
This Local Law shall be effective as of the date of filing with the New York Secretary of
State, except that it shall be effective from the date of service as against a person served with a
copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the
Minutes of the Village Board of Trustees.