Chapter 202 STABLES Definitions. As used in this regulation, the following terms shall have the meanings indicated:

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1 Chapter 202 STABLES Definitions Examination Premises Location Requirements Conditions on Issuance Construction License License required; Fee 202-il Orders; Contents; Service Submission Plans Required Hearing Denial Permit Appeal Reneval Permit or License Variance Posting License Penalties HISTORY: dopted by the Annual I own Meeting the I own Yarmouth on April 7, 1981 by Article 16. (1) Amendments noted where applicable. AUTHOR! TV: The Board Health the 1 own Yarmouth, acting under the authority Sections 21, 122, 143 and 155 Chapter 1 11 the Massachusetts General Laws and amendments and additions thereto, and by any other power thereto, enabling and acting thereunder, and in accordance therewith, have, in the interest and for the preservation the public health, duly made adopted the following regulations for the control horses in the lown Yarmouth Definitions As used in this regulation, the following terms shall have the meanings indicated: BOAR!) OF HF Al I H I he appropriate and legally designated health authority the Town Yarmouth or its authorized agent or representative. CORRAL - Any pen or enclosure for confining animals. I RM ANIMAL S All sheep. goats ponies, horses, bovine animals, mulcs. donke s and llamas any age or any sex Swine are prohibited. NOISI Sound sufficient intensity and/or duration as to: a. cause nuisance h. be injurious or, on the basis current information, potentially injurious to human health, or c unreasonably interfere with the comfortable enjoyment life and property. Page 1 6

2 The The PERSON Every individual, partnership, corporation, firm, association or group, including any governmental unit owning property or carrying on an activity regulated by this STABLE Any building, lot, structure enclosure, premises or portion there where a farm animal or animals are kept or maintained for any purpose (See Chapter lii. Section 155 the General Laws). UNSANITARY CONDITIONS - state being a facility which, in the opinion the Board health, is conducive to or results in breeding flies, creation fensive odors, rodent infestation, liquid effluent or runf Location Requirements A. Area Requirements minimum lot size shall be one (1) acre. There will be a maximum two (2) farm animals per acre. Each additional farm animal will require a V2 acre land. B. Stable, corrals and paddocks 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 God, any school, public building. playground, hospital, nursing home or rest home, except upon written permission the Board Health. In the case any church or meeting house erected and used for the public worship God, written consent the religious society or parish worshipping therein is also required. C. Stables, corrals and paddocks shall be located not less than 50 feet from any adjoining property lot lines or the line any street, court or passageway. D, Stables, corrals and paddocks shall be located not less than 250 feet from the high water mark any source drinking water supply or any tributary there, not less 250 feet from the high water mark any open waters flowing directly or ultimately into any source water supply or not less than 250 feet from the high water mark any source sheilfishing. In this case, shellfishing means the taking clams, oysters or mussels. E. Stables, corals and paddocks shall be located not less than 50 feet from any room where milk is handled. F. Stables, corrals and paddocks shall not be less than 100 feet to wetlands Construction Stable buildings shall he made durable construction to protect from damage by rodents, termites and dampness. Page 2 6

3 A. Floors: Floors in horse stalls shall be paved with wooden blocks sealed in asphalt or other material such as sand or concrete approved by the Board Health and shall be sloped to facilitate proper drainage. Floors in the feed and tack rooms should be a concrete construction. B. Hose Bib Water Outlets: The stable shall be provided with a sufficient number hose bib water outlets so that the stable can be hosed down and maintained in a clean condition. C. Living and Sleeping Quarters: Stables shall not be used for human habitation. D. 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 surface water. Area drains should be installed whenever possible. F. Feed Storage: Grain feeds shall be stored in covered metal or metal lined bins or containers. G. Insect Control: Whenever necessary, insecticides should be applied to the interior walls, ceilings and stall areas and to the exterior the stable building in order to control fly populations. Space sprays and resin strips impregnated with insecticide may also be used. H. Screening: Openings to the outer air shall be effectively screened against the entrance flies and other flying insects. 1. Manure Storage: A ventilated, watertight storage facility constructed or other durable material shall be provided for the storage located as to promote regular removal shall be placed in the manure storage container. No manure or used bedding shall be permitted to remain within the stable more than forty eight hours. All manure from the stable and corral area shall be removed weekly from the property. Small amounts odors and insects. concrete manure and so manure from inside the stable, Manure compost may be allowed on the property if maintained and free J. Water Supply: An adequate quantity water safe, sanitary quality shall be provided for each stable. K, Lighting and Ventilation: Each stable shall be provided with adequate light and ventilation. Page 3 6

4 enclosure. Am such animal shall be deemed to be at large when ii is f the caretaker license Required: Fee Any person desiring to keep or maintain for any purpose farm animals, as defined in this with the requirements this regulation and Section 1 55 Chapter 111 the Health. basis. Boaid Health No person shall be granted a license for a stable unless he complies shall make written application for a stable license on forms provided by the Massachusetts General laws. I he license fee shall be established h the Board prerrises or oubide ot the building or enclosure owned by or rented b its owner size and animals shall not be permitted to be at large outside the building or and unaccompanied by the owner agent or employee the owner or th Submission Plans Required When a stable or corral is hereafier constructed or extensively remodeled or when an or alteration, showing layout and arrangement the facility, shall be submitted to the Denial Permit Health. Such notice shall specify the reason for such action and may suggest remedial Page 4 6 the intent the regulations. The Board will review each request on a case by case addressing how variances will be addressed and what steps will be taken for compliance Persons denied a permit for a stable license shall be notified in writing by the Board may require. stable and corral property lines, houses within 100 feet proposed stable and corral existing structure is con erted for use as a stable, properly prepared plans by a pressional land surveyor with building specifications for such construction. remodeling Board Health before such work is begun. Such application shall also show the location action necessary to obtain approxal lbr issuance a permit. A person shall be notified 1 he stable permit is non transferable I he new applicant must submit a written request shall be kept either in an approed building or in a corral or paddock ol adequate and written description the premises and such other information as the Board Ileahh his right to a hearing. (See Article 1. Regulation 8. the State Sanitary Code) I. Restriction to Premises Horses bo inc animals, muics donkeys sheep and goats

5 202-7 Rcnew al Permit or License Application for renewal a permit or license shall lx. n ade to the Board Health on a form prescribed by the Board ot Health All permits and licenses shall expire on the 31 day December next following thc date issue, unless sooner re4oked or suspended, or unless the holder such permit changes the location the stable or sells, assigns, transfers or otherwise disposes such stable or his interest Posting Licensc the stable license shall be posted conspicuously on the premises lhxamination Premises the Board Health or its duly authorized representative shall examine the premises named and described in the application for the purpose determining the fitness and suitability the premises for such stable in meeting the requirements this regulation Conditions on Issuance License No license for a stablc shall be granted until the stable is erected and is in compliance with all laws, ordinances, rules and regulations Orders, Contents Scrvice A Orders: If an examination reeals the existence a xiolation this regulation, the Board Health may order the person responsible to comply with the violated provisions within a specified time, or if an examination fails to comply with thc provisions this regulation so as to endanger or materially impair the health or well being thc public, the Board Halth may, as it considers necessary, issue an order which re okes or suspends the permit or license as required by this Fvery order authorized by this regulation shall be in wntlng. B. Contents Order: An order shall: I Include a statement the violation or the defect and ma% suggest action which, if taken, will effect compliance with this 2 1lot a rcasonablc time ICr any action it requ rcs. 3 Inform tix. person to whom it is directed his right to a heanng and to whom the request shall be made (. Service: Orders issued under the provisions this re ulations shall be served in accordance with Article I the State Sanitary (ode Page 5 6

6 . F Hearing The hearing provisions Article I the State Sanitary Code shall apply to this Appeal The appeal provisions Article I the State Sanhar Code shall apply to this Variance The variance rrovisions Article I the State Sanitary Code shall apply to this Each applicant can apply to the Board for variances from the Variances from the regulation will he reviewed on a case by case request. Each written request will be reviewed for its intent on compliance with the regulation in protecting wetlands, abutters and the public from nuisances. The request shall also contain the applicancs proposal to meet the intent the Penalties The penalty provisions Article I the State Sanitary Code shall apply to this This regulation is to take effect on the date publication this notice in a local newspaper. BeØimin Gordén, MD, Chairman j 7 Helen Shah. DI4Sc, Vice Chair Robert Brown, Phi). Clerk Patnck McDermott Ann Greenhaum. RN -! Public Hearing Date: April 2, 2007 Publication Date: April Newspaper: The Register Effective Date Regulation: April Page6ef6