What Are Chenango's Laws About Fencing-in Cows?

By: Michael McGuire

What are Chenango's laws about fencing-in cows?

PLYMOUTH – If a herd of loose cows aren’t eventually corralled for good, “everybody in Plymouth will have some beef,” says Travis Road resident Betty Sarauw.

What’s the beef? Sarauw and fellow Town of Plymouth resident Jack Adams have a gripe against a farmer on Travis Road whose cows they say cause damage to lawns, gardens and structures while roaming freely on surrounding properties.

Sarauw and Adams aired their grievance at the Town of Plymouth board meeting last week, saying it could become the public’s problem, too, if an unsuspecting motorist were to hit one of the beasts while traveling on a backroad or nearby county Route 16.

“We want to prevent someone from being killed,” said Adams. “Hopefully the town can give us some assistance.”

So far, the town and state say there isn’t much that can be done from their end, despite some differing opinions.

Sarauw told the board that numerous complaints have been made to the county Sheriff’s Department and state police against the cows’ owner over the past three years, but no tickets were issued or arrests made. The Evening Sun has submitted a Freedom of Information Law request to the Sheriff’s Department seeking a record of incidents related to the cows.

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Voice messages were unable to be left for the farmer, who did not answer calls seeking comment.

In a telephone interview, Sheriff’s Department spokesman Lt. James Loyd said he was unaware of any such complaints. He added that his office can’t enforce anything related to loose cows unless the town creates a law under its animal control ordinances.

“It’s got to be a town law,” he said. “Animal control law.”

According to the state department of Agriculture and Markets, livestock regulations would have to exist or be created under a town’s animal control laws.

However, the state’s “Town Law,” created as template for municipalities in 1932, say towns have the option to settle fence disputes between adjoining landowners – who technically own a fence jointly – without creating a local ordinance, but don’t have to.

“There is not an affirmative obligation on the part of the town to address this issue,” said Eamon Moynihan, spokesman for the state Department of State, the reference agency for municipal law. “A municipality owes a general duty to the public to furnish police protection, but it’s not liable as a general rule to exercise that function unless there has been some sort of promise per se on a particular issue.”

The “Town Law,” known as Article 18, also states that animals that travel onto non-adjoined property owner’s land can be held on a lien title by that owner until damages are paid.

Chenango Farm Bureau President Bradd Vickers says the law does empower towns and law enforcement to take action, it’s just a matter of them choosing to do so.

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