Town of Middleton, MA
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Middleton. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 107, Art. I.

§ 270-1 Permit required.

No individual or individuals, partnership, company or corporation shall keep a pig or swine within the limits of this municipality without first obtaining a permit from the Board of Health. All such permits shall expire on December 31 of each year unless sooner revoked. Any permit may be revoked at any time by the Board of Health for cause.

§ 270-2 Transportation of garbage.

A license to transport garbage, offal or other offensive substance along the public highways of this municipality must be obtained from the Board of Health in accordance with MGL c. 111, § 31A, and no such materials shall be so transported without such a license. All licenses shall expire on December 31. Any license may be revoked at any time by the Board of Health for cause. Garbage and other offensive material shall be transported only in watertight vehicles or containers and shall be securely covered with wood, iron or canvas cover while the vehicles are in motion.

§ 270-3 Standards for piggeries.

A. 
All piggeries shall be suitably isolated and maintained in such a manner that no nuisance shall be created thereby. No pen or enclosure shall be located within 150 feet of any public way.
B. 
All piggeries will be examined frequently by a representative of the Board of Health, who will make such recommendations to the owner as are necessary to maintain the piggery in a proper condition.
C. 
Properly ventilated buildings of substantial construction, preferably painted white or whitewashed, well lighted, and so designed that accumulation of offensive material can be readily removed, shall be provided. For indoor pens, watertight troughs of cement or metal kept in good repair shall be provided for feeding purposes, and these troughs must be thoroughly cleaned every day.
D. 
All buildings used for the housing of swine shall be kept in a clean and satisfactory condition. Brood houses shall be cleaned daily.
E. 
If outdoor pens or runs are provided, the swine shall be fed from platforms built of heavy, watertight material flat on the ground or on skids one foot above the ground so arranged that the platform can be readily moved and the ground at the earlier location ploughed in. If the feeding platform is elevated, the space between the ground and platform shall be kept clear and clean, and no food shall be allowed to accumulate about the platform or on the ground.
F. 
A bin for receiving garbage shall be provided, which shall be covered during warm weather.
G. 
Garbage cans, wagons and trucks shall be thoroughly cleaned after the garbage has been removed therefrom.
H. 
Manure and refuse in outdoor pens shall be cleaned out at least twice weekly and must either be removed from the premises immediately or must be so kept that it will not constitute a nuisance and so that the pigs will not have access to it.
I. 
If uneaten garbage, manure and refuse are collected in compost piles, they shall be treated or covered with earth, loam or other suitable material in sufficient amounts to climate any odor or nuisance. All such piles shall be at least 500 feet from any highway or dwelling. No garbage, manure or putrescible matter whatsoever shall, except in the cultivation and use of soil in ordinary methods of agriculture, be put upon the ground within 250 feet of the high-water mark of any source of water supply or within 250 feet of the high-water mark of any open waters flowing directly or ultimately into said source of water supply. In addition, during the fly-breeding seasons, they shall be sprayed daily with some suitable coal-tar compound or other satisfactory insecticide.
J. 
Manure shall be spread upon the land only when such land is in condition to plough, and any manure so spread shall be ploughed under within 48 hours.
K. 
Wet muck in outdoor pens shall be removed and replaced with clean sand.
L. 
A water supply adequate for cleaning purposes shall be provided.
M. 
No pigs shall be kept within 50 feet of any room where milk is handled. No person who handles milk shall assist in the maintenance of pigs or the cleaning of pens.
N. 
Adequate personnel shall be employed at all times for the proper maintenance and operation of the piggery.
O. 
No piggery shall be located, constructed or maintained any part of which is within 250 feet of the high-water mark of any source of drinking water supply or any tributary thereof or within 250 feet of high-water mark of any open waters flowing directly or ultimately into any source of water supply.
[Adopted 4-5-2006]

§ 270-4 Dog license required; rabies vaccination for dogs and cats.

The Animal Control Officer (hereinafter called "ACO") is authorized to require all dogs in the Town of Middleton to be licensed in accordance with MGL c 140, § 137. The ACO is authorized to require all Middleton dogs and cats to be vaccinated against rabies by a licensed veterinarian and to require their owners or keepers to retain proof of said vaccination supplied by a veterinarian. Whosoever violates the provisions of this section shall be subject to a fine in accordance with MGL c 140, § 173, of $50.

§ 270-5 Dogs to be restrained.

The Animal Control Officer is authorized to require owners or keepers of dogs to keep such dogs from becoming a public nuisance. The ACO is further authorized to require owners or keepers of dogs to restrain their dogs from running at large or loose. The ACO is required to enforce this requirement with uniformity.

§ 270-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:
AT LARGE or LOOSE
A dog which is off the property of its owner or keeper and is:
A. 
Unaccompanied by a person of adequate age and discretion to properly control its actions;
B. 
Unrestrained by a leash or chain of less than eight feet in length;
C. 
A danger to persons or property as determined by the ACO.
NUISANCE
Animal behavior which constitutes a nuisance includes but is not limited to the following: molesting a passerby or passing vehicles (including bicycles), attacking persons or domestic animals, trespassing on public or private property or damaging public or private property, and barking, whining or howling in an excessive, continuous or untimely fashion.

§ 270-7 Violations and penalties.

A. 
Dog control fines:
(1) 
First offense: punishable by a fine of $10.
(2) 
Second offense: punishable by a fine of $30.
(3) 
Third and subsequent offenses: punishable by a fine of $50.
B. 
Domestic animal killing another domestic animal:
(1) 
First offense: punishable by a fine of $10. A public hearing shall be held by the Board of Selectmen on each complaint.
(2) 
Second offense: punishable by the maximum fine permissible per MGL c. 140, § 173, $50, and destruction of the dog or placement with another owner. A public hearing shall be held by the Board of Selectmen on each complaint.