[HISTORY: Adopted by the Annual Town Meeting
of the Town of Yarmouth 4-7-1981 by Art. 16.[1] Amendments noted where applicable.
[1]
Editor's Note: This chapter was derived from
regulations adopted by the Board of Health 2-1-1972.
As used in this regulation, the following terms
shall have the meanings indicated:
The appropriate and legally designated health authority of
the Town of Yarmouth or its authorized agent or representative.
All sheep, goats, ponies, horses, bovine animals, mules,
donkeys and swine of any age or any sex.
Every individual, partnership, corporation, firm, association,
or group, including any governmental unit owning property or carrying
on an activity regulated by this regulation.
Any building, lot, structure, enclosure, premises or portion
thereof where a farm animal or animals are kept or maintained for
any purpose. (See Chapter 111, § 155, of the General Laws.)
A.
Stables shall be located not less than 100 feet from
any building or structure used for human habitation and 200 feet from
any church or meeting house erected and used for the public worship
of God, any school, public building, playground, hospital, nursing
home or rest home, except upon written permission of the Board of
Health. In the case of any church or meeting house erected and used
for the public worship of God, written consent of the religious society
or parish worshipping therein is also required.
B.
Stables shall be located not less than 50 feet from
any adjoining property lot lines or the line of any street, court
or passageway.
C.
Stables shall be located not less than 250 feet from
the high-water mark of any source of drinking water supply or any
tributary thereof, not less than 250 feet from the high-water mark
of any open waters flowing directly or ultimately into any source
of water supply, or not less than 250 feet from the high-water mark
of any source of shellfishing. In this case, "shellfishing" means
the taking of clams, oysters or mussels.
D.
Stables shall be located not less than 50 feet from
any room where milk is handled.
Stable buildings shall be of durable construction
to protect from damage by rodents, termites and dampness.
A.
Floors. Floors in horse stalls shall be paved with
wooden blocks sealed in asphalt or other material approved by the
Board of Health and shall be sloped to facilitate proper drainage.
Floors in the feed and tack rooms should be of concrete construction.
B.
Drainage. The stall building shall be provided with
a sanitary drainage system connected to a sewage system approved by
the Board of Health and in compliance with Article XI of the State
Sanitary Code.
C.
Hose bib water outlets. The stable shall be provided
with a sufficient number of hose bib water outlets so that the stable
can be hosed down and maintained in a clean condition.
D.
Living and sleeping quarters. Stables shall not be
used for human habitation, except upon written permission of the Board
of Health. If permitted by the Board of Health, such living and sleeping
quarters shall meet the requirements of Article II of the State Sanitary
Code.
E.
Water trough. A drinking water trough shall be provided
in the corral area for the animals.
F.
Corrals and paddock. Corrals and paddock areas should
be gently sloping to minimize standing pools of surface water. Area
drains should be installed whenever possible.
G.
Feed storage. Grain feeds shall be stored in covered
metal or metal-lined bins or containers.
H.
Insect control. Whenever necessary, insecticides should
be applied to the interior walls, ceilings and stall areas 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.
I.
Screening. Openings to the outer air shall be effectively
screened against the entrance of flies and other flying insects.
J.
Manure storage. A ventilated, watertight storage facility
constructed of concrete or other durable material shall be provided
for the storage of manure and so located as to promote regular removal
of manure from inside the stable. Manure shall be placed in the manure
storage container. No manure or used bedding shall be permitted to
remain outside the stable more than eight hours.
K.
Water supply. An adequate quantity of water of safe,
sanitary quality shall be provided for each stable.
L.
Lighting and ventilation. Each stable shall be provided
with adequate light and ventilation.
M.
Restriction to premises. Horses, bovine animals, mules,
donkeys, sheep and goats shall be kept either in an approved building
or in an enclosure of stake and chain of adequate size, and animals
shall not be permitted to be at large outside the building or enclosure.
Any such animal shall be deemed to be at large when it is off the
premises or outside of the building or enclosure owned by or rented
by its owner and unaccompanied by the owner, agent or employee of
the owner or the caretaker.
Any person desiring to keep or maintain for
any purpose farm animals, as defined in this regulation, shall make
written application for a stable license on forms provided by the
Board of Health. No person shall be granted a license for a stable
unless he complies with the requirements of this regulation and § 155
of Chapter 111 of the Massachusetts General Laws. The license fee
is $5.
When a stable is hereafter constructed or extensively
remodeled or when an existing structure is converted for use as a
stable, properly prepared plans and specifications for such construction,
remodeling or alteration, showing layout and arrangement of the facility,
shall be submitted to the Board of Health before such work is begun.
Such application shall also state the location and description of
the premises and such other information as the Board of Health may
require.
Persons denied a permit for a stable license
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 I, Regulation
8, of the State Sanitary Code.)
Application for renewal of a permit or license
shall be made in duplicate to the Board of Health on a form prescribed
by the Board of Health. All permits and licenses 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 stable or sells, assigns, transfers or otherwise
disposes of such stable or his interest.
The stable license shall be posted conspicuously
on the premises.
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 stable in meeting the requirements of this regulation.
No license for a stable shall be granted until
the stable is erected and is in compliance with all laws, ordinances,
rules and regulations.
A.
Orders. If an examination reveals the existence of
a violation of this regulation, the Board of Health may order the
person responsible to comply with the violated provisions within a
specified time, or if an examination fails to comply with the provisions
of this regulation so 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 or
license as required by this regulation. Every order authorized by
this regulation 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
this regulation.
(2)
Allot a reasonable time for any action it requires.
(3)
Inform the person to whom it is directed of his right
to a hearing and to whom the request shall be made.
C.
Service. Orders issued under the provisions of this
regulation shall be served in accordance with Article I of the State
Sanitary Code.
The hearing provisions of Article I of the State
Sanitary Code shall apply to this regulation.
The appeal provisions of Article I of the State
Sanitary Code shall apply to this regulation.
The variance provisions of Article I of the
State Sanitary Code shall apply to this regulation.
The penalty provisions of Article I of the State
Sanitary Code shall apply to this regulation.
