The following regulations are being proposed
to govern all animals of the swine family, such as but not limited
to pigs and hogs.
Buildings, pens or other such enclosures or
runs used to house or confine pigs shall be located in accordance
with MGL c. 111, § 143, and not less than 200 feet from
any dwelling used for human habitation, any church, school, public
building, playground, hospital, or nursing or rest home; not less
than 150 feet from any adjoining property lot lines or the line of
any public or private roadways; not less than 250 feet from the high
water mark of any source of drinking water supply 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 buildings used to house pigs shall be properly
constructed and shall be designed, arranged, located and maintained
so as to minimize odors and prevent fly and insect population. Buildings
shall be properly ventilated.
A.
Feeding troughs for indoor pens shall be constructed
of watertight material of cement or metal and shall be kept in good
repair. Such material shall be thoroughly cleaned each day.
B.
Feeding platforms for outdoor pens or runs shall be
constructed of heavy, watertight material which shall be kept in good
repair and thoroughly cleaned each day or be constructed so as to
be readily portable and shall be raised above the ground on skids
no less than one foot above the ground. The space between the ground
and the platform shall be kept clean. No food or manure shall be allowed
to accumulate on or about the platform or ground.
The building, feeding trough or platform shall
be cleaned daily. All refuse or garbage shall be removed at least
twice weekly and be disposed of properly so as not to cause a nuisance
by reason of odors or attraction of flies. Pens shall be cleaned at
least twice weekly by removing all muck and refuse and replacing with
clean sand. The ground shall also be treated periodically with lime.
The term "garbage," where used in these regulations,
shall mean waste food matter as from markets, restaurants and kitchens,
as well as domestic or house scraps. Garbage for the feeding of swine
shall be stored only in containers made of concrete or other approved
watertight receptacles. Such containers shall at all times be kept
tightly covered so as to prevent offensive odors and flies. All such
containers shall be thoroughly cleaned after the garbage has been
removed therefrom.
A supply of potable water shall be available
at or near the facility for purposes of feeding and cleaning.
All waste matter and manure shall be immediately
removed from the premises and properly disposed of so as not to permit
fly breeding or odors. A bin or other approved watertight receptacle
for receiving such waste matter and manure shall be provided and thoroughly
cleaned and disinfected after such matter has been removed. No waste
matter or manure may be stockpiled or stored for longer than 48 hours.
No garbage, manure, drainage or liquid effluent containing urine and/or
fecal matter from any animal shall be put upon the ground or discharged
in runoff; flow over the surface of the ground within 250 feet of
the high water mark of any source of drinking water supply 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; or flow over the surface of the ground onto neighboring
property, public or private roads or wetlands areas.
No person in the Town of Yarmouth shall keep
or maintain pigs 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 pigs which are to be
kept or maintained on the licensed premises. No pigs in excess of
the number so specified shall be kept or maintained therein.
All applications for a stable license to keep or maintain swine 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 § 196-24, Location of housing structures. All applications shall also be accompanied with 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 swine shall be granted
until the facilities are erected and in compliance with all laws,
ordinances, rules and regulations.
The stable license for swine shall be posted
conspicuously on the premises.
Persons denied a permit for a stable license for swine 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.
