TOWN OF WATERTOWN BOARD OF HEALTH REGULATION GOVERNING THE KEEPING OF ANIMALS

Transcription

1 TOWN OF WATERTOWN BOARD OF HEALTH REGULATION GOVERNING THE KEEPING OF ANIMALS (See also the additional Regulation Governing the Keeping of Hens and Honey Bees) A. Authority This Regulation is adopted under the authority of M.G.L., Chapter 111, Section 31, as a reasonable health regulation designed to protect and improve the health and quality of life of those who reside within the Town of Watertown. B. Statement of Purpose Whereas minimum standards to promote the responsible care and welfare of animals, protection of the public health, and environmental protection are considered necessary for the health, safety and welfare of the community, the Watertown Board of Health has adopted this Regulation. C. Definitions Abutters: owners of abutting property and abutters to abutters within 300 feet of the applicant s property. Accessory Structure: a structure subordinate to the principal building on the same lot and serving an animal related use. Animal: for purposes of this Regulation, the term "animal" will be categorized as follows: Agricultural - animals usually raised on a farm, often to supply food or labor including, but not limited to: cattle, goats, sheep, swine, equines, llamas, and pigeons. Hens and honey bees are subject to a separate Board of Health regulation. Exotic - refers to an animal not native to New England or the USA, excluding those allowed by law to be household pets. Household Pets - animals usually kept inside an owner's residential dwelling or commercial building, including, but not limited to: dogs, cats, ferrets, fish, domesticated or exotic birds, rabbits, certain reptiles and guinea pigs, hamsters and mice. Dogs and cats are permitted under a Town of Watertown Ordinance. 1

2 Wild - any animal living in our geographic area not usually kept as an agricultural animal or household pet, including, but not limited to: coyotes, raccoons, skunks, foxes, beavers and opossums. Applicant: one who applies for a permit to keep one or more animals. Board: Board of Health in the Town of Watertown Town: the Town of Watertown and its officers, agents and employees including the Health Department staff. Dwelling: any building, shelter or structure used or intended for human habitation. Facility: the total accommodations to be used for the keeping or housing and care of one or more animals, including, but not limited to, a barn, stable, pen, coop, or loft. Fowl: birds for food, show or hunted as game. Generally Acceptable Agricultural Practices: those practices that the applicant can demonstrate are consistent with the Massachusets Department of Agricultural Resources' Bureau of Animal Health's (MDAR) "Best Management Practices," and if deemed necessary by MDAR, the Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA) and the Animal Rescue League. Indoors: primary dwelling, garage, shed or some other facility which can be made secure against rodents or other nuisance animals. Keeping of Animals Permit or Permit : a permit issued for the keeping or housing of one or more animals in accordance with provisions of this Regulation. Lot: a parcel of land, which is, or may be, occupied by a building and accessory structure, including open spaces required under this Regulation. Lot includes the words plot or parcel. MDAR: Massachusetts Department of Agricultural Resources. Nuisance: any condition including, but not limited to, noise, offensive odor, attraction or breeding of insects, such as flies, an environment supporting the presence of rodents, or any other condition having public health or environmental significance. This definition shall be applied in a manner consistent with the provisions of M.G.L. Chapter 111, Section 125A. Owner: every person who alone or jointly with one or more other persons has legal title to any lot, building, structure, dwelling or dwelling unit. Pen: an open fenced area for the keeping of one or more animals. 2

3 Pest Management: measures that will be taken by the applicant to minimize or control the presence of rodents and insects such as flies. Pigeons: member of the Columbidea family of birds that include racing, fancy and sporting pigeons. Runoff: water from natural or unnatural sources that flows over the surface of the ground. Stable: an accessory building or structure used for the shelter and/or feeding of one or more larger animals. Stall: a compartment in a stable used for the keeping of one or more animals. Town: Town of Watertown. Unsanitary Conditions: the facility s state of being or condition which, in the judgment of the Board of Health, is conducive to, or results in, breeding of flies, creation of offensive odors, rodent infestation, liquid effluent, runoff, and/or noise, in such concentrations and/or such duration as to cause a nuisance, be potentially injurious to human health, or unreasonably interfere with the health and safe enjoyment of life and property. Usable Area: land area suitable for the raising of animals, such as pastures, fields, wooded uplands, not including wetlands, dwellings or any other area(s) as may be restricted by Town, State or federal regulations. D. Permit and Application Requirements 1. An Animal Permit is required for the keeping of one or more agricultural animals as defined in this Regulation. An Animal Permit application, supplied by the Board, shall be completed annually for each lot where animals are kept and submitted with the following information: a) Full name, street address, telephone and of the applicant. b) Street address of the lot where animals will be kept. c) Number and species of animals to be kept. The addition of any new animals above the number on the initial application will require a new application to modify the allowed number. d) Copies of all required immunizations. e) A plot plan, acceptable to the Board, showing the lot borders with dimensions of the animal facility, location of potable water, dwelling areas, fences, location of septic systems, and private wells. The plot plan shall also show all structures on the abutters' lots and the abutters to abutters within 300 feet of the borders of the lot. 3

4 f) A plan for storage and disposal of animal waste. g) A plan for animal food storage. h) A plan for emergency evacuation of the animals. i) A plan for the management of pests such as rodents and insects. j) Name of the principal veterinarian for each animal. k) A plan for disposal of animals that die. l) Reasonable information demonstrating knowledge of the care and feeding of the animal(s) listed on the permit application obtained from sources, including, but not limited to, work-related experience, 4H involvement, Department of Agricultural Resources trainings, or involvement with animal-related associations. 2. The applicant shall be responsible for compliance with the Town's Zoning and Wetlands Ordinances and shall be responsible for obtaining any necessary zoning relief. 3. For the initial application for a permit and any applications for modifications in the number and species of animals kept, the applicant shall notify abutters and abutters to abutters within 300 feet by certified mail that an application has been submitted to the Board. A copy of the notification and the proof of notification (the returned green card) for each person notified shall be provided to the Board. 4. The Board shall hold a hearing on each completed application within thirty days of it being filed. Within forty-five days after the close of the hearing, the Board shall issue a decision on the application and the applicant shall be notified in writing. 5. Fees for permits shall be determined by the Board and shall be subject to annual review. 6. Permits shall expire on December 31st of each year, unless sooner revoked by the Board upon violation of any of the provisions of this Regulation. 7. No person shall erect, remodel, occupy or use a stable, or accessory structure intended for the housing of animals unless and until he/she has submitted an initial or revised plan to the Board for review and the same has been approved. 8. Permits are not transferable and shall be posted in a conspicuous area on the lot. 9. An applicant must comply with all federal, State and local regulations and ordinances. 10. The Board reserves the right to suspend the issuing of permits during times of confirmed animal disease outbreaks, such as, but not limited to, avian influenza. 4

5 E. Temporary Permits No person, corporation, establishment, group or agency shall keep, conduct or operate within the Town any pony ring, pony ride, circus, rodeo, pet show, dog show, cat show, animal acts or exhibitions, wild animal or reptile show or exhibitions without first obtaining a temporary permit to house and maintain animals from the Board. F. General Requirements 1. The usable area for calculating the number of animals allowed on a lot shall be the total lot area minus areas not suitable for animals such as wetlands and dwelling areas. 2. The facility shall be located no less than: a) 100 feet from a wetland as defined by M.G.L., Chapter 131, Section 40. b) 30 feet from a sideline, rearline or public way. c) 100 feet from any abutting dwelling. d) 100 feet from any well, public or private, used as a drinking water supply. 3. The facility must comply with all applicable zoning requirements in consideration of the agricultural use provisions contained in M.G.L., Chapter 40A, Section In determining the area required for the keeping of farm animals, generally acceptable agricultural practices will be used. G. Facility Standards 1. The floor and grounds of the facility shall be designed, constructed and maintained in a manner that will promote the safety and sanitary conditions of the animals. 2. Potable water must be available for use at the facility. 3. The facility shall be adequately ventilated and provide protection from weather. 4. All facilities shall be securely fenced to prevent the escape of animals and to protect against predators. Animals shall not be allowed to roam outside of the designated area described in the application. 5. Adequate food and water shall be provided. Food shall be stored in sealed, moisture and rodent-proof containers kept indoors. H. Animal Waste 5

6 1. Liquid and/or solid animal waste may not be discharged in runoff onto neighboring properties, public ways, waterways or wetlands. Water, including drainage, shall not collect and become stagnant or create a ponding affect on the facility. 2. The permit holder shall provide for the sanitary storage and disposal of all animal waste in accordance with all local, State and federal regulations. Permit holders may not put animal waste out for general curbside Town trash collection. No more than a thirty (30) gallon metal trash can of animal waste may be allowed to be stored in the facility. 3. Depending on the kind of animal waste, the Board may allow composting if done according to strict guidelines in rodent-proof containers and in a manner so as to not become a nuisance. I. Control of Pests 1. The permit holder shall maintain the facility in a sanitary manner to eliminate the creation of nuisance pests such as insects and rodents and using generally acceptable agricultural practices. 2. The Board shall retain the right under this permit to order evaluation and extermination by a licensed pest control operator at the owner's expense if nuisance conditions are deemed to exist. 3. The creation of nuisance conditions may result in the revocation of the permit. J. Keeping of Pigeons 1. Not more than ten pigeons may be kept per lot. There must be at least one (1) square foot of coop space for each mature pigeon. 2. Except for exercising, training or competition, pigeons must be confined to their coop. In general, pigeons shall not be released during the hours of 10 AM to 4 PM, June to September. The timing of release for these activities must correspond to the needs of abutters and may need to be flexible depending on abutters' specific needs. 3. They shall not be allowed to perch or linger on any property other than the permit holder's. 4. The coop must be cleaned according to generally acceptable agricultural practices. K. Household Pets 6

7 1. Household pets, as defined herein, are generally excluded from this Regulation. The Board, however, reserves the right to require a permit in situations where animals are kept in such numbers and/or conditions that it results in an order of public nuisance or becomes a hazard to the health and welfare of the community. 2. Dogs and cats are subject to The Watertown Animal Control Ordinance, including the numbers allowed in each household. L. Animal Health and Safety 1. All animals must be provided with clean potable water at all times. 2. All animals shall be cared for in a humane manner. It shall be illegal to abuse, either physically or by neglect, any animal. The Board may at any time require the removal of an animal from the custody of any person when it is determined that the health, safety or welfare of an animal is jeopardized. The Board will assist the Massachusetts Society for the Prevention of Cruelty of Animals (MSPCA) and/or the Animal Rescue League of Boston (ARL) in this process. 3. All animals shall be immunized against rabies, when appropriate for that species, with proof supplied annually prior to the issuance or renewal of a permit. No permit will be issued without proof of immunization. All animals shall additionally meet any State or USDA mandated immunization requirements, unless the animal's veterinarian recommends otherwise in writing. M. Prohibited Activities 1. No garbage shall be fed to animals. 2. No animal shall be permitted to enter the kitchen or dining area of any licensed food establishment except as allowed by law. 3. No permit holder shall allow any animals to run at large in any area within the Town other than his/her private property. All animal waste is to be removed by the permit holder from any location within the Town. 4. It shall be unlawful to offer as prizes in any contest or game, any live animal, bird, fish or reptile except shellfish. 5. Exotic and wild animals, shall not be kept within the Town without written approval of the Board or its authorized agent and shall be licensed in accordance with Massachusetts General Law, Chapter 131, Section 23. N. Violations and Enforcement 7

8 1. Responsibility for Compliance: It shall be the responsibility of the permit holder to ensure compliance with all sections of this Regulation. 2. Non-Criminal Disposition: Any person who violates the terms of this Regulation shall be subject to a fine under the non-criminal disposition Ordinance authorized by M.G.L., Chapter 40, Section 21 D and the Town Ordinance , and Each violation and each day of non-compliance shall constitute a separate offense. Fines: a. $25 for the first violation b. $50 for the second violation within 24 months of the date of the first violation c. $100 for the third violation within 24 months of the date of the first violation 3. Enforcement: Enforcement of this Regulation shall be by the Board or its designated agent(s). Any citizen who desires to register a complaint pursuant to this Regulation may do so by contacting the Board or its designated agent(s) and an investigation will be done. 4. Additional Remedies: In the alternative, or in addition to the above, this Regulation may be enforced through any other means available at law as deemed appropriate by the Board, including, but not limited to, civil enforcement for injunctive relief, and/or the suspension or revocation of any current permits and/or licenses issued by the Board in accordance with applicable law. When a permit has been denied or revoked, all animals must be removed from the property within thirty (30) days of said denial or revocation or within a time frame determined by the Board. 5. Cooperation with Inspections: Refusal to cooperate with inspections pursuant to this Regulation could result in the suspension or revocation of a permit. 6. Hearings: The permit holder of the facility shall be given written notice of the Board's intent to hold a hearing for the purpose of suspension, revocation or refusal to renew a permit. This written notice shall be served through a certified letter sent return receipt requested, or by a constable. The notice shall include the date, time and location of the hearing. The Board shall hold the hearing no later than twenty-one (21) days from the date the written notice was received. Any person or persons aggrieved by the Board's order that has been served pursuant to any section of this Regulation may request a hearing before the Board by filing a written petition to the Health Department within seven days of receipt of said order. 8

9 7. Variance: The Board may grant a variance to any of the provisions of this Regulation when, in its opinion, the strict enforcement would do manifest injustice and the variance would not jeopardize public health or the environment. O. Severability If any provision of this Regulation is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect. P. Effective Date This Regulation shall become effective on May 1, This Regulation is an update of the "Regulations Governing the Keeping of Animals and Fowl," which became effective September 11, 2009 and is now in addition to "The Regulation Governing the Keeping of Hens and Honey Bees," which will also become effective on May 1, Voted this 20th day of April, 2016, by the Watertown Board of Health. Approved as to Form by Kopelman & Paige on March 30, 2016 A Public Hearing was Held on April 20, 2016 Legal Notice in the Watertown Tab on April 29,