[HISTORY: Adopted by the Board of Health of the Town of Williamstown 5-4-2015. Amendments noted where applicable.]
The Board of Health of the Town of Williamstown, acting under
the authority of Sections 31, 122-125A, 143, and 155-158 of Chapter
111, and Sections 7, 19 and 23 of Chapter 129, of the Massachusetts
General Laws, and amendments and additions thereto, and by any other
power thereto, enabling and acting thereunder, and in accordance therewith,
has, in the interest of and for the preservation of the public health,
duly adopted the following regulations for the control of livestock
animals in the Town of Williamstown.
As used in this chapter, the following terms shall have the
meanings indicated:
The owners or tenants of property which adjoin the lot upon
which livestock is to be kept, whether or not said properties are
separated by a public way.
See "livestock."
The Williamstown Board of Health, or its designated agents.
The Williamstown Board of Health.
Any building or shelter used or intended for human habitation
or periodic human activity.
The total accommodations to be used for the keeping and care
of livestock, including, but not limited to, stable and corral.
A food mixture or preparation, and hay, used for consumption
by livestock, kept at or proximate to a facility.
All members of the bird family, and shall include chickens
(i.e., roosters, capons, hens), turkeys, pigeons, peafowl, ducks,
guinea, swans, and geese (other than wild species).
Any solid-hoofed animals, including, but not limited to,
a horse, donkey, pony or mule.
Any structure used for the keeping of livestock. Housing
does not include perimeter fencing.
Soils having a percolation rate greater than 60 minutes per
inch drop, and including, but not limited to, ledge, hardpan, clay,
peat, loam and organic matter.
For the purpose of these regulations, livestock is to mean
all animals except dogs, cats, and domestic animals normally kept
in the home, and including fowl, that are kept or harbored as domesticated
animals. Livestock includes, but is not limited to, horse, goat, cattle,
sheep, pig, goose, duck, rabbit, chicken, guinea fowl, pigeon, emu,
ostrich, turkey, peacock, llama, and alpaca, or any number or combination
thereof.
An area of land, with definite boundaries, used or available
for use as the site of one or more buildings.
Every individual, partnership, corporation, firm, association,
or group, including a city, town, county, or other governmental unit,
owning property or carrying on an activity regulated by these regulations.
The person owning or overseeing the facility and/or livestock.
Water from rain or melted snow that flows over the surface
of the ground.
The state of being of a facility which, in the opinion of
the Board of Health, is conducive to or results in breeding of flies,
creation of offensive odors, rodent infestation, liquid effluent or
runoff.
Any of various insects, or small animals regarded as objectionable
because they are destructive or disease-carrying, including, but not
limited to, flies, mosquitoes, lice, and rats.
Any stream, storm drain, pond, lake, or other body of water
drained by a stream, dry ditch, or other depression that will permit
drainage water to empty into any open waters of the commonwealth.
Any animal not normally found or kept as a domesticated animal.
Federal or state permits are required to house and/or care for wild
animals.
A.
Fences, coops, cages, etc., shall be maintained to prevent escape
of livestock onto public ways and adjacent property. Any defect or
condition that causes livestock to escape will be repaired in a timely
manner not to exceed 24 hours.
B.
Unless otherwise noted, livestock will be maintained in accordance
with the University of Massachusetts Extension Service Livestock and
Poultry Best Management Practices.
C.
A supply of fresh water shall be available to the livestock at all
times and at or near the facility for feeding and cleaning. Adequate,
nutritional feed will be made available to all livestock to maintain
health and good condition.
D.
Wild animals can be housed only by those permitted to their care
by appropriate state and federal areas of jurisdiction.
E.
The Animal Inspector/Animal Control Officer, the Health Inspector,
and/or a licensed veterinarian or animal care specialist appointed
by the Board shall have the right to make an inspection in accordance
with Chapter 129, Sections 7, 19 and 23, and Chapter 111, Sections
16, 122 and 143.
A.
No person owning, leasing, or controlling the management of a facility
for the keeping of livestock shall, willfully or through negligence,
cause, suffer, allow or permit:
(1)
The floor and/or the ground of the facility for the keeping of livestock
to be designed, constructed, and/or maintained as to cause or contribute
to unsanitary conditions at said facility. Adequate dry bedding and
bedding areas will be made available.
(2)
Drainage or liquid effluent containing urine and/or fecal matter
from any animal kept at said facility to be discharged in runoff,
or to flow over the surface of the ground onto neighboring property,
public way or watercourses.
B.
Adequate shelter will be available and maintained to keep livestock
out of the wind and elements. Shelter will be made available to all
livestock.
C.
Management and disposal of manure and soiled bedding shall be such
as to best management practices to minimize odors, breeding of flies,
and the attraction of vermin. It shall be the responsibility of the
owner to store and/or dispose of said waste in a safe and sanitary
manner consistent with acceptable farm practices.
D.
Livestock shall be maintained in a clean and healthy condition.
E.
No owner of a facility for the keeping of livestock shall, willfully
or through negligence, cause, suffer, allow, or permit an infestation
of insects or vermin at said facility. Dead livestock shall be promptly
buried, incinerated, or disposed of in such a way as to prevent the
attraction of flies and prevent odors. Burial will be not less than
six feet below grade, covered by not less than 30 inches of soil and
manure to aid decomposition.
B.
Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of these regulations is subject to a fine as stated in Chapter 146, Local Fines, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.
[Amended 10-7-2019]
The Board of Health shall consult with the Williamstown Agricultural
Commission and may, in its discretion, waive compliance with a particular
requirement of these regulations when, in its opinion:
A.
The enforcement of the regulation would do manifest injustice; and
B.
The applicant has proved that the same degree of protection of the
public health, safety and welfare can be achieved without strict application
of the particular provision. Any alternative means of protection shall
be detailed and documented by the applicant to the satisfaction of
the Board of Health.
A.
Any person or persons aggrieved by any order issued under this chapter
may appeal by filing a written petition for hearing to the Board of
Health, which must be received within 10 days after the day the order
was served.
B.
The hearing shall be commenced not later than 14 days after the receipt
of a petition.
C.
At the hearing, the petitioner and other affected parties shall be
given an opportunity to be heard, to present witnesses or documentary
evidence, and to show why an order should be modified or withdrawn.
Failure to hold a hearing within the time period specified herein
shall not affect the validity of any order.
D.
The Board of Health shall sustain, modify, or withdraw the order
and shall inform the petitioner.
E.
Any person aggrieved by the decision of the Board of Health may seek
relief therefrom in any court of competent jurisdiction, as provided
by the laws of this commonwealth.
If any portion, or sentence, clause or phrase of this regulation
shall be held invalid for any reason, the remainder of this regulation
shall continue in full force and effect.
The effective date for this chapter is June 1, 2015.
