Bill Text: NY A02211 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits the issuance of permits to operate, construct or develop slaughterhouses within a fifteen hundred foot radius of a residential dwelling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to agriculture [A02211 Detail]

Download: New_York-2011-A02211-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2211
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2011
                                      ___________
       Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
         Committee on Agriculture
       AN ACT in relation to prohibiting the issuance of  permits  to  operate,
         construct  or  develop  slaughterhouses  within a fifteen hundred foot
         radius of a residential dwelling
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. a. Notwithstanding any law, rule or regulation promulgated
    2  pursuant to the authority of state or local law to the contrary, on  and
    3  after  November  1, 2011, no building permit or approval applying to the
    4  development of real estate shall be issued to any person, firm, partner-
    5  ship or corporation to operate,  develop  or  construct  any  commercial
    6  place  or  establishment  where  animals  and/or fowl are slaughtered or
    7  butchered for food if any portion of such facility is located  within  a
    8  fifteen hundred foot radius of a residential dwelling.
    9    b.  The  provisions  of  this act shall not apply to any premises upon
   10  which a person, firm, partnership or corporation has  been  continuously
   11  conducting business as described in subdivision a of this section from a
   12  date prior to the effective date of this act.
   13    c.  The provisions of this act shall apply to all real estate develop-
   14  ment permits and approvals issued pursuant to the authority of state  or
   15  local law on or after November 1, 2011.
   16    d. The provisions of this section shall not apply to any city having a
   17  population in excess of one million people.
   18    e. As used in this section, the term "authority of state or local law"
   19  means authority conferred pursuant to any general, special or local law,
   20  rule or regulation, charter, ordinance or administrative code pertaining
   21  to  the planning or zoning of housing accommodations, commercial facili-
   22  ties and incidental facilities, including but not limited to subdivision
   23  approvals, variance approvals, special use permits, site plan approvals,
   24  county planning board approvals and county health department approvals.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00749-01-1