The following are proposed regulations for the
governing of all animals of the poultry family, such as but not limited
to chickens, turkeys, hens, roosters, ducks, geese, guinea fowl, pheasants,
quail, pigeons and doves.
Coops, hutches, runs, buildings or other structures
used to house or maintain poultry shall be located not less than 100
feet from any dwelling used for human habitation, church, school,
public building, nursing or rest home, playground or hospital; not
less than 50 feet from any adjoining property lot lines or the line
of any public or private roadway; not less than 250 feet from the
high water mark of any source of drinking water or any tributary thereof
or less than 250 feet from the high water mark of any open waters
flowing directly or ultimately into any source of water supply, and
not less than 50 feet from any room where milk is handled.
All coops, hutches, buildings or other such
structures used for poultry shall be properly constructed and shall
be designed, arranged, located and maintained so as to prevent fly
and insect population and the harborage or shelter of rats or mice
and to minimize or prevent odors. A facility shall also be properly
ventilated and kept dry.
All windows, doors or other openings shall be
screened so as to prevent the entrance or exit of flies or other flying
insects.
A.
The interior of coops, hutches, buildings or other
such structures shall be whitewashed (or equivalent treatment) at
least once a year.
B.
Nests or roosts shall be movable and cleaned frequently.
C.
Perches or roosts and the areas beneath shall be cleaned
frequently and maintained in a sanitary condition.
D.
Feed stations shall be cleaned daily and maintained
in a sanitary condition.
All poultry feed or grain shall be kept in watertight
metal or concrete containers which shall be kept clean and in a sanitary
condition. Feeding troughs shall be cleaned on a regular basis and
placed upon a cement or watertight surface which shall also be maintained
in a clean and sanitary condition.
A ventilated, watertight storage facility constructed
of concrete or other approved material shall be provided for the storage
of all poultry waste which shall be disposed of in a sanitary manner
from the premises.
A supply of potable water shall be available
at or near the facility for purposes of feeding and cleaning.
Poultry shall not be allowed to stray or forage
outside the area of the facility.
No rooster shall be kept or maintained unless
the permit so specifies. It shall be adequate cause for refusing or
revoking a permit if one or more abutters complain of its presence
by reason of noise.
No person in the Town of Yarmouth shall keep
or maintain any poultry within the Town without first obtaining a
permit from the Board of Health. The procedure for obtaining a permit
shall be outlined by the Board of Health and shall be available at
the Health Office. A permit shall specify the number of poultry which
are to be kept or maintained on the licensed premises. No poultry
in excess of the number so specified shall be kept or maintained therein.
All applications for a stable license to keep or maintain poultry shall be submitted on a form as supplied by the Board of Health. All applications shall be accompanied by a plan showing the property to be used, names, addresses and letters of approval from all abutters, and the exact location of the facilities showing footage from all habitable dwellings, property lines and any other locations as defined under § 196-2, Location of housing structures. All applications shall also be accompanied by a statement indicating the methods that will be maintained to keep the facilities clean and free from vermin, malodors and runoff.
The Board of Health or its duly authorized representative
shall examine the premises named and described in the application
for the purpose of determining the fitness and suitability of the
premises for such facilities in meeting with the requirements of these
regulations. No license for the keeping of poultry shall be granted
until the facilities are erected and in compliance with all laws,
ordinances, rules and regulations.
The stable license for poultry shall be posted
conspicuously on the premises.
Persons denied a permit for a stable license for poultry shall be notified in writing by the Board of Health. Such notice shall specify the reason for such action and may suggest remedial action necessary to obtain approval for issuance of a permit. A person shall be notified of his right to a hearing. (See Article 1, Regulation 8, of the State Sanitary Code.)
Application for renewal of a permit shall be
made on a form provided by the Health Department. All permits shall
expire on the 31st day of December next following the date of issue,
unless sooner revoked or suspended, or unless the holder of such permit
changes the location of the facilities or sells, assigns, transfers
or otherwise disposes of such facilities or his interest.
A.
Orders.
(1)
If an examination reveals the existence of any violation
of these regulations, the Board of Health may order the person responsible
to comply with the violated provisions within a specified time, or,
if an examination so fails to comply with the provisions of these
regulations as to endanger or materially impair the health or well-being
of the public, the Board of Health may, as it considers necessary,
issue an order which revokes or suspends the permit as required by
these regulations.
(2)
Every order authorized by these regulations shall
be in writing.
B.
Contents of order. An order issued shall:
(1)
Include a statement of the violation or the defect
and may suggest action which, if taken, will effect compliance with
these regulations.
(2)
Allot a reasonable time for any action it requires.
(3)
Inform the person to whom it is directed of his/her
right to a hearing and to whom the request shall be made.
The hearing provisions of Article 1 of the State Sanitary Code shall apply to these regulations.
The appeal provisions of Article 1 of the State Sanitary Code shall apply to these regulations.
The variance provisions of Article 1 of the State Sanitary Code shall apply to these regulations.
The penalty provisions of Article 1 of the State Sanitary Code shall apply to these regulations.
