[Adopted 4-7-1998; amended 5-8-2001]
As used in this article, the following terms
shall have the meanings indicated:
Mammals, birds, reptiles, amphibians or other animals as
defined by MGL c. 131, § 23.
Farm or domestic animals that weigh more than 20 pounds.
Any condition or environmental hazard that may be or poses
a threat to the public health, including but not limited to improperly
contained waste, garbage, odors, noise, structures, or a contaminant
of the water, soil or air, or any other practice or use of a property
that interferes with the legal rights of others by causing damage,
annoyance, injury or other harm.
Every individual, partnership, corporation, firm, association,
group, or governmental entity owning property or carrying on an activity
subject to this regulation.
Large and small domestic, farm-type, pet and exotic animals, including swine, horses, cows, goats, sheep, burros, llamas, deer, chickens, ducks, pigeons or other fowl, or other domestic and farm animals kept (farm-type animals kept outside homes) within the Town of Lexington. These regulations also apply to dogs and cats (§ 155-45C and D) and to exotic animals (§ 155-46D).
Any building, enclosure, premises or portion thereof where
more than five regulated small animals (e.g., fowl and rabbits) under
20 pounds are kept.
Any building, enclosure, premises or portion thereof where
regulated animals of more than 20 pounds, other than house pets, are
kept.
A.
General.
(1)
The Board of Health requires all persons who wish
to maintain any large animal (including but not limited to swine,
horses, cattle, goats and sheep) or more than five small animals (including
but not limited to ducks, fowl, poultry, pigeons and rabbits) to obtain
a permit for the keeping of such animals. A minimum of two acres is
required to obtain a permit for the keeping of such animals from the
Board of Health. The presence of two or more pigs or piglets requires
a piggery permit from the Board of Health.
(3)
No stable, or small animal shelter for more than five
animals, shall be occupied or used within the Town without first obtaining
a permit from the Board of Health.
(4)
All permits for keeping animals shall expire after
January 31 of each year and may be revoked for cause and after a hearing
by the Board of Health. No permit shall be transferred except with
the approval of the Board of Health.
(5)
The Conservation Commission will be notified by the
Board of Health of all new animal permit applications that are subject
to the Wetlands Act or Zone II restrictions.
(6)
A permit will be issued only to someone who resides
at the location for which the permit is requested.
(7)
Before a permit will be granted, an Animal Inspector
or officer of the Board of Health is to visit the property to determine
fitness and suitability of the site.
(8)
The owners or persons in control of any buildings
or premises in which animals are kept shall keep the buildings and
premises clean and free from decaying food, filth, dirt, stagnant
water and animal wastes and shall provide a pit constructed of concrete
or another suitable plan, approved by the Board of Health, for the
storage and disposal of manure.
(9)
No person shall store manure within 100 feet of any
property line, wetland or well.
(10)
Manure shall be spread upon land only when such
land is in condition to plow, and manure so spread shall be plowed
under within 48 hours.
(11)
All structures must comply with applicable zoning
regulations.
(12)
No stable or small animal shelter shall be built
within 100 feet of a wetland. No pasture, corral or pen shall be located
within 25 feet of a wetland.
(13)
No stable shall be located within 100 feet from
a dwelling (excluding an owner-occupied dwelling). No small animal
shelter shall be located within 25 feet of a dwelling (excluding an
owner-occupied dwelling).
(14)
All authorized animals must be confined to their
permitted property.
(15)
Adequate water supply must be available for
animals on site.
B.
Permits for piggeries. Permits for more than two swine
shall be subject to the following conditions, with which the holder
thereof must in all respects comply:
(1)
No pens or enclosure shall be located within 150 feet
of any public or private way.
(2)
In pens, swine shall be fed from non-wooden troughs
kept clean and in good repair. If the swine are not in pens, they
shall be fed from platforms at least one foot from the ground on all
sides, the air space underneath to be kept clear and clean. Food shall
never be given to the swine from the ground or allowed to accumulate
on the ground around the platform or trough. Unless fed to the swine
immediately, all swill, garbage or refuse brought upon the premises
shall be kept in leakproof covered receptacles. All rotted garbage
shall be removed daily.
(3)
The feeding places shall be cleaned once each day
and all refuse and manure removed. Manure and refuse in outdoor pens
shall be cleaned out of pens at least twice weekly.
C.
Permits for cats. No more than five cats may be kept
at a single residence in the Town of Lexington without a permit from
the Board of Health. Persons wishing to breed cats must first apply
for a breeder's license from the Board of Health and must provide
documentation as to breeding facilities on the premises. Owners must
be able to provide evidence of rabies vaccinations for all cats maintained
at any residence in Lexington. The Board of Health may take such action
as it finds necessary to remove excess (i.e., more than five) cats
from a given residence or area in order to protect the public health.
D.
Permits for dogs. No more than five dogs may be maintained
at any residence in the Town of Lexington without a permit from the
Board of Health. Persons wishing to breed dogs must first obtain a
breeder's license from the Board of Health and must supply documentation
as to breeding facilities. Owners must comply with all applicable
state and local laws and bylaws concerning rabies vaccinations and
animal control. The Board of Health may take such action as it finds
necessary to remove excess (i.e., more than five) dogs from a given
residence or area in order to protect the public health.
A.
No person shall own or keep within the limits of this
Town any animal which, by barking, biting or howling, or in any other
manner, disturbs the peace and quiet of any person, and no person
shall own or keep within the limits of this Town any bird or fowl
which, by screeching or crowing or by any other noise, disturbs the
peace and quiet of any person.
B.
Any animal deemed to be dangerous in the view of the
Board of Health, its agents or the Police Department may be removed
or destroyed without prior notification of the owner.
C.
No person within the Town shall feed any wild animals,
including, without limitation, ducks, geese and raccoons, or any homeless
dogs or cats, except birds through freestanding bird feeders or bird
feeders attached to a private residence. Persons feeding their own
domestic animals shall do so only in a shelter space that is inaccessible
to wild or roaming animals.
D.
No person within the Town shall possess, maintain,
propagate, cultivate or deal in wild or exotic animals within the
meaning of MGL c. 131, § 23, unless notice thereof has been
filed with the Board of Health and all permits required by said § 23
or otherwise have been obtained.
A.
If deficiencies on the property in any way affect
the well-being of the animal, the immediate neighborhood and/or the
public health and are found upon routine inspection by the Animal
Inspector or upon complaint received by the Board of Health, and an
inspection confirms the validity of such complaint, a representative
of the Board of Health or its agent may issue a written order to the
person or persons having control of the premises to correct the offending
deficiencies. Failure to comply with said order or repeat offenses
may result in fines of up to $50 for each violation, revocation of
the permit to keep animals or other penalties.
C.
The owner or agent of the owner of animals must reside
on the property where the animals are stabled unless approved under
special permit by the Board of Health.
A.
Fees. A fee of $10 shall be paid for each permit to
keep an individual animal. A twenty-five-dollar late filing fee shall
be imposed on all permits that are renewed more than 60 days late.
B.
Renewals. Renewals shall be completed by February
1 of each year. If any complaints are received regarding a permitted
premises and are investigated and verified by the Animal Inspector
within the year prior to the renewal date, a reinspection must be
completed one month prior to the renewal date. The Animal Inspector
will then submit a detailed written report to the Board of Health,
which will review the information and act on the renewal application.
C.
Exemptions. Permitted, preexisting, nonconforming
uses may continue to operate unless the Board of Health determines
that the health or safety of the public is at risk. Such situations
will then be reviewed and reconsidered by the Board of Health.
D.
Special permits. The Board of Health may issue a special
permit upon written request for a variance to the above regulations.
A.
Enforcement.
(1)
The Board of Health may, at its discretion, take action
to control any dog, cat or any other animal of any type that becomes
either a nuisance or a threat to the public health, including placement
in a shelter, trapping or euthanization. Any dog or cat or other animal
removed by the Board of Health will be detained for 10 days or according
to the policy of the shelter in which it is placed. If, at the end
of 10 days or other specified period no owner has come forth, the
Board of Health may transport the animal to an appropriate facility
for further keeping, spay or neuter the animal, vaccinate the animal
or have it euthanized.
(2)
Cats for which no proof of rabies vaccination is available
must be vaccinated by the owner within 10 days of notice by the Board
of Health. Cats with no identifiable owner will be detained for 10
days, during which time the cat(s) may be vaccinated by order of the
Board of Health. Owners will be required to pay reasonable fees for
vaccination, holding in a shelter, spaying or neutering, or other
services in order to repossess any animal for which the Board of Health
has retained and ordered such services.
B.
Variances. Variances to the above regulations may
be requested from the Board of Health. Variances must be requested
in writing, and the Board of Health may require a hearing.
