Town of Stoneham, Massachusetts

STATUTORY AUTHORITY: The Stoneham Board of Health, acting under the authority of Section 31 of Chapter 111 of the 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 of and for the preservation of public health duly made and adopted the following Rules and Regulations on this Twenty fifth (25) day of June, 2002.

Sec. 20_13. Purpose.

The Stoneham Board of Health or its authorized agent finds it necessary to license the keeping of certain animals, in order to protect and preserve the health and safety of the general public.

Sec. 20_14. Definitions.

Abutter: a) owners of the abutting land, b) land opposite any public or private street or way, and c) Abutters to Abutters within three hundred (300) feet of a property line of the applicant. Note: *These Abutters must be the owners as they appear on the most recent tax lists (even if in another town). *Applicants for permit must, at their own cost, obtain a list of Abutters, certified by the Town Assessor, and said list must be provided with the application to the Board of Health.

Accessory Structure: a structure subordinate to the principal building on the same lot and serving an animal related use customarily incidental to the use of the principal building.

Animal: all animals, including fowl, which are kept or harbored as domesticated animals or pot-bellied pigs used as family pets or for hobbies, and/or breeding except cats , dogs, or hamsters.

Board of Health or Board: the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within The Commonwealth of Massachusetts having the usual powers and duties of the Board of Health of a city or town or its authorized agent or representative.

Corral: any pen, loft, or enclosure for confining animals.

Dwelling: any building, shelter or structure used or intended for human habitation.

Facility: the total accommodations to be used for the keeping and care of animals, including but not limited to stable, pen, loft, or corral

Fowl: any bird used for food, hunted as game or used for racing.

Impervious Material: soils having a percolation rate greater than twenty (20) minutes per inch drop.

Loft: a structure for the keeping or housing of pigeons or other types of fowl.

Lot: a parcel of land, which is or may be occupied by a building and accessory structure, including open spaces required under this Article. “Lot” includes the words “plot” or “parcel.”

Noise: sound of sufficient intensity and/or duration as to cause a disturbance or nuisance or contribute to an unhealthy condition.

Owner: every person who alone or jointly with one or more other persons (a) has legal title to any building, structure, dwelling or dwelling unit, or (b) each person who has care, charge, or control of any building, structure dwelling unit or as agent, executor, executrix, administrator, administratrix, trustee, lessee or guardian of the estate of the holder of legal title. Each such person with such care or charge or control is bound to comply with the provisions of these regulations as if he/she is deemed to represent the holder of legal title.

Pen: a structure for the keeping of animals.

Person: every individual, partnership, corporation, firm, association, or any other group acting as a unit, as well as a natural person.

Unsanitary Conditions: the state of being of a facility which, in the judgment of the Board of Health, including but not limited to such conditions which are conducive to or results in, breeding of flies, creation of offensive odors, rodent infestation, liquid effluent, runoff, and/or noise, in such concentrations and of such duration as to (a) causes a nuisance (b) be injurious or, on the basis of current information, potentially injurious to human health, or (c) unreasonably interfere with the healthy and safe enjoyment of life and property.

Runoff: water from natural or unnatural sources that flows over the surface of the ground.

Stable: an accessory building or structure in which animals are sheltered and/or fed.

Stable-Commercial: a stable that is involved with financial transactions related to animal use, including but not limited to horse rentals and boarding of horses or other animals, for a fee.

Stall: a compartment in a stable used for the keeping of animal(s).

Vermin: any of various insects, bugs, rodents, or small animals regarded as objectionable because of their destructive or disease-carrying nature including, but not limited to, flies, mosquitoes, lice and rats.

Watercourse: any stream, drain, pond, lake, or other body of water drained by a strewn, dry ditch, or other depression that will permit drainage water to empty into any open waters of the Commonwealth.

Wetlands: land area or surface area so defined by Massachusetts Wetlands Protection Act, M.G.L. Chapter 131, Section 40 and regulations promulgated pursuant thereto at 310 CMR 10.00 or pursuant to Section 404 of the Federal Water Pollution Control Act, 33 U.S.C.1341.

Wild Animal: any animal not normally found or kept as a domesticated animal, including but not limited to snakes, poisonous reptiles, lions and tigers.

Sec. 20_15. General Requirements.

1. No person shall keep or allow to be kept within the limits of the town, on any lot any animals without a written permit from the Board of Health or its authorized agent, which shall be renewed annually.

2. The keeping of said animals shall meet all local zoning requirements.

3. The construction and location of the accessory structure used for keeping animals, shall meet all zoning requirements and building code requirements of the Commonwealth of Massachusetts.

4. The accessory structure for the keeping of said animals shall be located on a lot, at the following minimal distances;

(a) 50 feet from any abutting property line

(b) 100 feet from any wetlands or watercourse, unless otherwise authorized by

the Conservation Committee, but in no event less than fifty (50) feet.

(d) 100 feet from any well used as a supply of drinking water

(e) 10 feet from any part of any individual sewage disposal area

f) stable shall be 35 feet from any public way and the corral shall be 15 feet

The above minimum requirements may be enlarged or increased in any particular case at the discretion of the Board of Health or its authorized agent.

5. No person shall erect or use as a facility for animals requiring a permit of any structure in the Town of Stoneham unless such use is approved by the Board of Health or its authorized agent and meets all other applicable Federal, State, or Local Regulations.

6. The owner of the facility for the keeping of animal(s) shall keep said facility in a clean, sanitary, and attractive condition, free from decaying food, filth, feces, and stagnant water. The facility shall be periodically disinfected and shall be kept in such condition as may be ordered by the Board of Health or its authorized agent.

7. All facilities for the keeping of animal(s) shall be securely fenced to prevent the escape of animals therefrom. At no time will animals be allowed to roam unattended.

8. Property barriers such as fencing or other appropriate measures shall be taken, on areas of lots where it is necessary to discourage neighborhood children from wandering into the facility, or on areas of lots where the location of the facility will ordinarily interfere with the health and safe enjoyment of an abutter's property.

9. Each facility shall have a supply of potable water available at the structure for feeding and cleaning purposes.

10. Wild animals, but not limited to poisonous reptiles and snakes, lions and tigers shall not be kept within the town limits without expressed written approval of the Board of Health or its authorized agent.

11. Roosters shall be prohibited within Town limits.

Sec. 20_16. Sanitary Requirements.

1. No owner of a facility for the keeping of animal(s) shall cause, suffer, allow or permit:

(a) The floor and/or the ground of the facility for the keeping of animal(s) to be designed, constructed, and/or maintained so as to cause or contribute to unsanitary conditions at said facility

(b) Drainage or liquid effluent containing urine and/or fecal matter from any animal(s) kept at said facility to be discharged in runoff, or to flow over the surface of the ground onto a neighboring property, public way or watercourse.

2. Management and disposal of manure and soiled bedding shall be such as to minimize odors, breeding of flies, and the attraction of vermin. Manure shall be collected and kept in suitable pit or receptacle and at a distance of one hundred (100) feet from any dwelling. This location shall also be carefully chosen to maximize the distance from abutting properties and watercourses and with due consideration of the prevailing winds.

3. The following requirements shall apply to the use, accumulation and/or disposal of manure.

(a) The accumulation, stock piling, and storage of manure outside of such pit or receptacle is prohibited.

(b) If manure is disposed of by burying, the manure pit shall be no less than:

twenty-five (25) feet from any lot line;

one-hundred (100) feet from any abutting dwelling; and

one-hundred (100) feet from any surface or sub-surface watercourses, and in well-drained soil with the bottom of the pit at least three (3) feet above maximum ground water elevation.

(c) During warm weather, manure shall be treated with lime or superphosphate to minimize odors and treated with legally approved insecticides for fly control.

(d) The dimensions and/or drainage conditions of any particular lot may, in the opinion of the Board of Health or its authorized agent, require off-property disposal of manure. In such cases, the manure shall not be put out for general town trash collection. It shall be the responsibility of the owner to dispose of manure in a safe and sanitary manner.

(e) The Board of Health or its authorized agent will allow the composting of manure generated at permitted facilities here upon specific Board of Health approval.

4. Animal(s) shall be maintained in a clean and healthy condition.

5. Animal feed or other food when stored shall be in sealed, moisture-proof and vermin–proof containers. No animal feed or other food fed to animal(s) shall remain overnight, and outside of a structure, in an open feeding container.

6. No owner keeping an animal(s) shall cause, suffer, allow, or permit an infestation of vermin at said facility. The continuance of an infestation of vermin at or near the facility beyond a date specified by the Board of Health, when the owner of the facility has been ordered by an agent of the Board of Health to abate any such infestation in a safe and sanitary manner, shall be cause for revocation of permit and/or initiation of legal proceedings to eliminate said conditions.

Dead animals shall be disposed of or incinerated, at a State approved facility, in such a way as to prevent the attraction of flies and prevent odors, within a reasonable time but in no event no more than seventy-two (72) hours after death.

8. All fecal matter and manure shall be cleaned so as not to accumulate an amount that interferes with the comfort of neighborhood or create offensive odors or a public health nuisance.

Sec. 20_17. Keeping of Horses.

1. No person shall keep a horse on a lot of land containing less than one (1) acre. Additional and maximum of three (3) horses shall be permitted to be kept on a lot that contains an additional acre for each additional horse provided that such permit will not adversely affect the public health, safety, and welfare and is acceptable within the Town of Stoneham zoning requirements.

Facilities for the keeping of horses shall be located on well-drained land not susceptible to flooding. In no case shall a facility be located on impervious soil, or on ground on which stagnant water can collect. The Board of Health shall inspect locations requiring removal of impervious material after excavation and before filling. Fill shall be of porous material such as gravel, course sand, or crushed rock, to a depth of at least twelve (12) inches, extend at least five (5) feet beyond the boundaries of the facility and such that the finish grade within all parts of the facility are higher than the surrounding ground, and subject to Town of Stoneham zoning requirements.

3. The corral fencing shall be constructed of sturdy material, visible to the horses, of at least six (6) feet in height, so as to adequately contain the horses and protect persons and contiguous property. The corral area shall be a minimum of one thousand (1,000) square feet, including the stable site for the keeping of one horse. An additional corral area of three hundred (300) square feet for each additional horse shall be required.

4. Each stable shall comply with Town of Stoneham zoning by-laws, and State Building Codes 780 CMR , and provide an adequate, healthy and safe environment for horses. The stable shall contain a minimum of one hundred (100) square feet for the first horse and an additional sixty (60) square feet for each additional horse. Each stable shall provide food and equipment storage with potable water.

(a) Doors shall be of sufficient height and width to allow safe ingress and egress for horses. The ceiling and/or roof of the stable shall be of sufficient height to provide adequate ventilation.

(b) At least one window with screening shall be provided for ventilation and light with appropriate safeguards against drafts and the breaking of glass. Construction shall be such as to prevent the accumulation of moisture within the stable with louvers of sufficient size located at opposite sides of the stable.

(c) The floor shall be constructed so as to provide adequate drainage in order to prevent urine from accumulating and to allow easy removal of manure and soiled bedding.

5. Under no circumstances shall a horse be allowed to roam free or to be left tethered and unattended.

Sec. 20-18. Keeping of Pigeons.

1. Lofts for the keeping of pigeons shall be of such sufficient size and design, and constructed of such material to accommodate the pigeons in a safe and health manner and be maintained in a clean and sanitary condition.

2. Lofts shall be cleaned of droppings no less than once a week between April 15 to October 15 of a given year and once every two (2) weeks during the remaining period. Every means should be taken to minimize the dust created from dried feces.

Lofts shall be disinfected at least four times a year or as deemed necessary for clean and sanitary conditions by the Board of Health.

There shall be at least one (1) square foot of floor space for each mature pigeon kept within.

Every effort and precaution shall be taken to minimize flying or roosting on, above, or within abutting properties. It shall be adequate cause for refusing or revoking a permit for the keeping of pigeons if the flying of said pigeons unseasonably interferes with the health, and safety, or enjoyment of abutting properties.

Training or exercising of the pigeons shall be not undertaken during the hours of 10:00 am. to 3:00 p.m. from June to September so as not to disturb yard use and enjoyment of abutting neighbors.

Exercise shall be allowed only under the direct supervision of the owner or his designee. No one shall release pigeons to fly for exercise, training, or competition when said pigeons have been fed within the previous four (4) hours.

Sec. 20-19. Vermin Control.

The permit holder is responsible to implement a vermin control program for the facility. This plan requires approval by the Board of Health or its authorized agent and will be performed by a licensed pest control operator. Extermination shall be performed as deemed necessary by the Board of Health or its authorized agent.

Sec. 20-20. Applications, Permits, Fees.

1. In order to protect the public health, all new applications for a permit to keep animals shall be submitted on a form supplied by the Board of Health. Such application shall be accompanied by a plan showing the property to be used, the names and addresses of all abutters, the proposed location of the accessory structure, principal structure, abutting structures and the location of any streams, drains, or known sources of water supply within one hundred (100) feet of the accessory structure. The application shall also be accompanied with a proposal or plan to indicate how the property shall be maintained so that it will be kept clean and free of filth and stagnant water, and the method to be used to control flies and vermin. Such plan shall show the construction details of the facility with necessary drainage details and shall also show compliance with all required set-back distances. The application plan shall also show the type, location and dimension of fencing.

2. Any person who proposes to remodel an existing accessory structure or a portion thereof, or to construct a new building which is to be used in whole or in part as a facility for the keeping of animals shall, prior to such construction or remodeling, submit plans to the Board of Health for approval as well as to the town building inspector if necessary.

(a) The permit to keep animals shall be issued after construction of the facility is completed and approved by the Board of Health and the building inspector.

(b) In cases where a building permit is required, preliminary Board of Health approval shall be forwarded by the Board of Health or its authorized agent, the Building Department or the signee.

3. All permits shall specify the exact number and type of animals or fowl to be kept within the property. No animals in excess of the specified number shall be kept therein without written permission from the Board of Health or its authorized agent.

4. The licensing fee shall be that specified by the existing schedule of fees at the time of application or renewal.

5. Permits shall expire on December 31 of each year, unless sooner revoked by the Board of Health upon violation of any of the provisions of these regulations.

6. The person(s) who have had a permit denied or revoked shall be ordered to remove all unlicensed animals from the property occupied by said animals.

7. Permit to keep animals on property within the Town of Stoneham is not transferable.

8. All permits issued for the keeping of animals prior to the adoption of these regulations shall be valid, and may be renewed subject to the regulations in effect prior to the adoption of these new regulations providing conditions and agreements contained in the original applications have not changed, and that no conditions exist that would be injurious to public health, or restrict the normal use and enjoyment of contiguous property. All renewal of permits subsequent to the adoption of these regulations shall be subject to the adopted schedule of fees.

9. All new applications for a permit to keep animals and all variance requests submitted will be considered by the Board of Health only after the Board conducts a public hearing. Notice of public hearing shall be provided, at the applicant’s expense, by registered return receipt mail to all abutters (see definition of abutter) and by legal notice in a local newspaper of general circulation. Both methods of notice shall provide at least fourteen (14) days notice prior to the public hearing. The applicant shall submit a list of abutters, certified by the Town Assessor, with the application.

Sec. 20-21. Variance.

The Board of Health may vary the application of any provision of these regulations with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, provided, that the decision of the Board of Health shall not conflict with the spirit of these minimum standards. Any variance granted by the Board of Health shall be in writing. A copy of any variance shall, while it is in effect, be available to the public at all reasonable hours in the office of the Town Clerk or in the office of the Board of Health. The Board may impose such conditions, safeguards and limitations, both of time and of use, as it deems appropriate upon the grant of any variance.

Sec. 20-22. Right of Entry.

The Animal Inspector or Board of Health Agent may enter and inspect any property and accessory structure that houses animals at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance with these regulations.

Sec. 20-23. Adoption and Effect.

These rules and regulations were adopted by an unamious vote of the Board of Health, Town of Stoneham, Stoneham, Massachusetts on June 25, 2002 and are to be in full force and effect on August 1, 2002. A summarized explanation of the regulations shall be published in a newspaper circulated in the Town of Stoneham and a copy thereof shall be deposited in the office of the Town Clerk.

Published summary on July 3, 2002

Effective on August 1, 2002