No horse shall be maintained in the Town of Northborough except in compliance with this chapter.
[HISTORY: Adopted by the Board of Health of the Town of Northborough; amended 5-15-1989 ATM, Art. 44; 5-2-1990. Amendments noted where applicable.]
A.
No horse shall be maintained in the Town of Northborough except in a private stable.
B.
Any private stable proposed to be constructed or substantially [25% or more] expanded in size after the effective date of this chapter or any presently existing private stable for which a permit is not obtained pursuant to SubSection C of this § 8-28-020 must first be granted a private stable permit by the Board of Health as meeting the requirements of §§ 8-28-100 and 8-28-110 of this chapter. Expansions of less than 25% shall be cumulated for purposes of this Subsection B.
C.
A private stable existing on the date this chapter is adopted and for which a private stable permit has not been issued may, until September 1, 1990, apply for such a permit under the Horse And Private Stable Regulations as in effect immediately preceding the adoption of this chapter.
An applicant applying for a private stable permit as required by § 8-28-020 after the effective date of this chapter shall submit a written application on forms provided by Board of Health, together with a one-time filing fee of $50. The applicant shall be the person maintaining the private stable, whether as owner or occupant. The application shall be accompanied by a plan showing the layout, arrangement and construction schematic of the stable: the location of any wetlands, drains or known sources of water supply within 200 feet of the stable: the type, location and dimension of the fencing; and such other data as the Board of Health may request. A private stable permit pursuant to this chapter will be issued by the Board of Health if the applicant meets the requirements of this chapter. A public hearing on the issuance of a private stable permit may be held at the discretion of the Board of Health. If a hearing is held, all abutters shall be notified by the Board of Health by certified mail at least 10 days prior to the date of the hearing.
No private stable permit shall be issued unless the zoning authority certifies to the Board of Health that such private stable will not be in conflict with the existing zoning laws.
Stables shall not be used for human habitation except with written permission from the Board of Health. If so permitted, such quarters shall meet the requirements of the Massachusetts Sanitary Code, Article II (Fitness for Human Habitation).
A private stable permit may be transferred to a new owner or occupant of the premises by written notice to the Board of Health from the transferor and the transferee, accompanied by a fee of $10.
Public stables shall be required to meet such additional requirements in addition to those imposed under this chapter as the Board of Health may specify in deciding whether to grant a public stable permit.
No horse shall be maintained in any corral having an area of not less than 5,000 square feet per horse or, if more, not less than 2,000 square feet per horse. The corral and paddock shall be adequately sloped to minimize standing water. Area drains should be installed, if necessary.
All horses shall be required to have a certificate of inoculation against equine encephalitis and tetanus provided by a licensed veterinarian and such other immunizations as required by the Division of Animal Health, Department of Agriculture, Commonwealth of Massachusetts.
A private stable shall be located not less than 50 feet from any abutter’s property line, not less than 35 feet from the owner’s dwelling, not less than 50 feet from the highwater mark of any brook, stream, river, pond or drainage easement, and not less than 100 feet from any source of public or private drinking water supply. The applicant must review the stable location with the Conservation Commission. This is applicable for permits issued after the effective date of this chapter.
These requirements are applicable for permits issued after the effective date of this chapter:
A.
A horse shall be maintained in a stable. The minimum requirement for a stable shall be an open shed offering adequate protection, with a weatherproof roof and three sides, enough head room for the horse to be housed and floored with a material that can be kept clean and dry, with proper drainage provided. The stable shall be provided with adequate light and ventilation. All building construction shall be in conformance with local building and fire prevention regulations.
B.
Floors in horse stalls in the stable shall be absorbent material and provide proper drainage. Other flooring in the stable shall be of washable material.
C.
A supply of potable water shall be available at or near the private stable for feeding, cleaning and fire protection purposes.
D.
The corral at the private stable shall be adequately fenced. Fencing may be of wood, smooth woven wire or charged electric wire. Barbed wire shall not be used. If the fence is charged, there shall be at least one warning label where the fence is located on street frontage and at fifty-foot intervals if the frontage exceeds 100 feet. The top barrier of the fence shall be at least four feet high. If the corral is not grassed, dust control measures shall be taken.
E.
Property barriers, such as appropriate fencing or closely planted trees, shall be installed or other appropriate measures taken on lots where it is necessary to discourage neighborhood children from wandering into the area of the private stable or on lots where the location of the private stable will ordinarily interfere with the comfortable enjoyment of an abutter’s property.
A.
The private stable shall be maintained free of unsanitary conditions. Unsanitary conditions are those which, in the opinion of the Board of Health, result in or are conducive to breeding of flies, creation of offensive odors, vermin (including flies, lice, mice, mosquitoes and rats) infestation, liquid effluent, runoff and disease carriers in such concentrations and of such duration as to cause a nuisance; or be injurious or potentially injurious to human health.
B.
The horses at the stable shall be maintained in a clean and healthy condition.
C.
Manure shall be stored in such a manner and location that there can be no drainage or runoff into any wetlands resource area. No more than two cords eight feet by eight feet by 16 feet of manure and used bedding shall be accumulated at the storage area. However, the dimensions and/or drainage conditions of any particular lot may, in the opinion of the Board of Health, require more frequent off-property disposal of manure. During warm weather, manure shall be treated with lime or superphosphate or other appropriate material to minimize odors and be treated with approved insecticides for fly control. Manure shall be removed from the stall at least daily and shall be placed in the manure storage area.
D.
Effluent containing urine and/or fecal matter from horses kept at the stable shall not be discharged in runoff or permitted to flow over the surface of the ground.
E.
Insect control techniques should be practiced with particular attention to the interior and exterior walls, ceilings and stall area and to the exterior of the stable building in order to control fly populations. Space sprays and resin strips impregnated with insecticide may also be used.
F.
Any feed that is stored on, at or proximate to the stable shall be stored in closed moisture and vermin resistant containers.
G.
The remains of a dead horse shall not be buried, incinerated or disposed of at the private stable and shall be disposed of off-stable and in compliance with applicable laws.
The owner and/or occupant of the premises on which horses are kept will be responsible for compliance with this chapter.
The Board of Health may vary the application of any provision of this chapter with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, provided that the decision of the Board of Health shall not conflict with the spirit of these minimum standards. Any variance granted by the Board of Health shall be in writing. A copy of any such variance shall, while it is in effect, be available to the public at the office of the Board of Health.
Whoever violates any of these rules and regulations may be fined from $5 but not exceeding $100 per day as set by the Board of Health (MGL C. 111, § 157), depending on the severity of the violation and may also be subject to suspension or revocation of the private stable permit.
The person to whom a private stable permit is issued under this chapter agrees, by acceptance of such private stable permit, to reimburse the Town of Northborough, on demand, for all legal fees incurred by the Town of Northborough in connection with enforcing this chapter against such person if the private stable permit holder is found in violation.
As used in this chapter, the following terms shall have the meanings indicated:
The owners, tenants or other occupants of property which adjoins the lot on which horses are to be kept, whether or not such properties are separated by a public or private way.
A paddock or fenced enclosure for confining horses.
Fecal material discharged from a horse.
Any person who has legal title to or care, charge or control of the premises on which a stable is located.
A stable other than a public stable.
Any stable which is used as:
A building or structure(s) in which horses are sheltered or fed.
A compartment in a stable used for the keeping of a horse or horses.
Any wet meadows, marshes, swamps, bogs or areas of standing or flowing water.