[HISTORY: Adopted by the Board of Health
of the Town of Walpole 2-13-1975; last amended 1-27-2009. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any landowner or lessee whose property is within 300 feet
of the applicant's property.
The permit granted by the Town of Walpole Board of Health
to keep animals other than household pets within the Town of Walpole.
Property will be subject to an annual inspection by the Approving
Authority.
The Board of Health or its designated representative.
A fenced area designed to allow for the free roaming and
proper containment of animals.
Animals that in the wild depend upon grazing
and foraging of grasses as a major component of their diet, including
but not limited to horses, ponies, mules, donkeys, cattle, llamas,
goats, sheep, deer and buffalo. For the purposes of issuing a permit
for a given number of grazing animals the following shall be considered
equivalent and each will be regarded as a single "grazing animal"
as follows:
Grazing Animals not specifically addressed above
will be reviewed on an individual basis prior to issuing a permit.
For the purpose of licensing grazing animals, juvenile animals not
yet weaned residing on the property with their maternal parent will
not count as an additional grazing animal and will not require an
additional or amended permit.
A riding or draft animal including horses, ponies, mules,
donkeys or any other solid hoofed animal.
Animals that are normally kept inside a residential dwelling
or commercial building, including but not limited to dogs, cats, ferrets,
pot-bellied pigs, fish, domesticated or exotic birds and various small
rodents.
A plan for the handling of manure and other wastes as outlined in § 587-7 of these regulations.
Land in which precipitation is allowed to directly fall and
penetrate into the soil, excluding any buildings, paved driveway,
patios, decks, walkways, overhangs, shelters, swimming pools, or other
barriers preventing the free flow of precipitation into the ground.
Animals normally kept in a confined area out of the residential
dwelling, including but not limited to poultry, waterfowl, rabbits
or pigeons and excluding grazing animals and pigs. For the purposes
of licensing, penned animals under six months of age residing on the
property with their maternal parent will not count as additional Penned
animals and will not require an additional or amended permit.
An individual, partnership, corporation, firm, association
or group including a city, town, county or other governmental units.
Any swine not kept as household pets. For the purposes of
licensing pigs, juvenile animals not yet weaned residing on the property
with their maternal parent will not count as additional pigs and will
not require an additional or amended permit. (This definition does
not include pot-bellied pigs.)
Any property used by the permit holder or applicant including
but not limited to personally owned, family-owned or leased property.
A building or enclosure used to house or confine one or more
animals and to store the food/supplies normally associated with the
keeping of animals.
A.
Prior to keeping any animals, other than household
pets, within the Town of Walpole, the person owning or keeping the
animals shall apply to the BOH for a permit. Official Town of Walpole
animal permit applications can be obtained from the Board of Health
Office. The applicant shall provide the Board of Health with a completed,
official application along with an application fee of $25 for penned
animals, $50 for grazing animals. Initial permit holder applicants
shall be provided with a copy of the current regulations upon application.
B.
The applicant shall provide the following to the Board
of Health:
(1)
The number and type of animals to be kept (which would
be included on the written application).
(2)
A plan, drawn to scale, which includes the following
information:
(a)
The size of the entire lot or lots on which
animals will be kept.
(b)
Existing and planned structures, fences and wells clearly designated.
(d)
Distances of animal stable, pen, coop or housing
from all abutters' boundaries and dwellings.
(e)
Distances of corrals or paddocks from all abutters'
boundaries and dwellings.
(f)
Any streams, ponds or wetlands on the lot or
lots in which animals will be kept and the one-hundred-year floodplain
(maps available at Town Hall).
(g)
The boundaries or areas covered by Walpole's
Water Resource Protection Overlay District (map available at Town
Hall) with each area clearly designated on the plan.
(h)
A list of all abutters to the property (available at the Town Hall
from the Board of Assessors Office).
A.
Upon the receipt of the completed application, and the documentation listed in § 587-2, the Approving Authority shall inspect the property.
B.
The Board of Health shall then notify the applicant
of the date and time of the Board of Health meeting when their application
will be reviewed. It shall then be the applicant's responsibility
to notify their abutters of the date and time of this meeting. Verification
that all abutters have been notified, not more than 30 but no less
than 14 days in advance of the hearing before the Board of Health,
of the applicant’s intent. Such verification shall be in the
form of a signed and dated letter or a receipt from the U.S. Post
Office that a certified letter has been received by each abutter.
This verification must include a copy of the letter sent or distributed.
This will provide an opportunity for the applicant and abutters to
express their concerns, questions, support or opposition to the application
at the meeting or in the form of a letter received by the Board of
Health prior to the meeting. The Board of Health may require the applicant
to furnish additional information required by the Board of Health
to make a determination whether to grant the permit.
C.
The burden shall be on the applicant to establish
that the granting of a permit shall not be detrimental in any way
to the public health or welfare and will not endanger the health,
safety or drinking water supplies of the community.
D.
The Board of Health shall act on the application for
an animal permit and shall notify the applicant within one week of
the decision of the outcome and any conditions imposed by the Board
of Health if the permit is granted.
E.
The Board of Health shall issue a permit to the applicant
if the applicant, to the satisfaction of the Board of Health, has
demonstrated that the proposed keeping of animals is in compliance
with the regulations attached herein. If a permit is issued, it shall
be issued to the owner of the property or the tenant of the property
with written permission of the owner.
F.
Permits for keeping of animals shall be issued for
a specific number and type of animal(s). Permits shall not be transferable
to the use of other premises or person(s).
A.
At the discretion of, and subject to inspection by,
the Approving Authority, the Board of Health or Health Agent may allow
the applicant to modify its permit by changing the number and type
of animals specified on the permit. Modifications may be subject to
notification of abutters and/or appearances before the Board.
B.
All permit holders are subject to a minimum of one
annual inspection, whether animals are present or not.
C.
Any person who proposes to renovate a building or
a portion thereof which is being used as a stable, pen, coop or housing
or proposes to construct a new building which is to be used in whole
or in part as a stable, pen, coop or housing shall, prior to such
renovation or construction, in accordance with Town of Walpole building
requirements, submit plans in duplicate to the Board of Health or
Health Agent for approval.
For purposes of determining whether the proposed
number of animals will have a detrimental impact on public health,
welfare and the bordering water supplies of the community, the applicant
shall demonstrate that the following guidelines are either complied
with or not applicable to their application.
A.
The lot on which one grazing animal may be kept must
have a minimum of 30,000 square feet of NIL plus 2,500 square feet
of NIL for each additional grazing animal authorized on the animal
permit.
B.
The minimum square feet of NIL made available in a
paddock or corral for each grazing animal shall be 2,000 square feet
for the first grazing animal plus 300 square feet for each additional
grazing animal.
C.
The lot on which pigs may be kept must have a minimum
of 20,000 square feet of NIL. The minimum square feet of space made
available for each pig shall be:
E.
All unattended animals, with the exception of pigeons
and other flight birds, shall be confined to the permit holder's property
at all times to prevent wandering and straying on other property.
F.
Pigeons may be allowed to fly free in accordance with
standard industry practices but shall be managed in such a way as
to not cause harm and to minimize intrusion to other property.
G.
No animals or birds (i.e., roosters, guinea hens,
etc.), if creating a noise nuisance (as verified by the Board of Health
or its designee), shall be permitted.
(Also applies to remodeling or adding to existing
structures.) All stables, pens, coops or housing must conform to the
following:
A.
Adequate permanent shelter is required to protect
grazing animals or pigs from the elements.
B.
All primary stables, pens, coops or housing used to
contain grazing animals or pigs shall:
(1)
Be a minimum of 50 feet from any lot line and a minimum
of 100 feet from an abutter's dwelling.
(2)
Where stalls are provided, ensure that stalls are
large enough to enable the animal to stand up, lie down and to protect
them from the elements.
(3)
Provide adequate air space and ventilation per animal.
(4)
Compliance with the above regulations shall be determined
by BOH or its designee based on guidelines as set forth by recognized
organizations such as the MSPCA or the MA Department of Agricultural
Resources Division of Animal Health.
A.
All Town of Walpole animal permit holders must have
on file a Manure Management Plan approved by the Board of Health.
Applicants must file a Manure Management Plan (MMP), to be approved
by the BOH, prior to issuance of a permit. Such a plan shall be reviewed
by the Approving Authority in accordance with standard industry practices.
B.
The MMP submitted by the permit holder or applicant
must contain the following information:
(1)
Provide
a map, drawn to scale, which shows the location of wells, watercourses,
ditches and bodies of water.
(2)
Clearing,
management and disposal of manure shall be such as to minimize odors,
breeding of flies and the attraction of vermin. Manure shall be collected
and stockpiled at a single location, carefully chosen to maximize
the distance from abutting properties and watercourses, and with due
consideration of the prevailing winds. The MMP submitted needs to
provide the details of how the manure will be stored on the property.
(3)
All
animal manure, wastes and soiled bedding shall be cleared daily from
stalls.
(4)
All animals' manure and wastes shall be cleared from corrals of less than 2,000 square feet at least once a week and as needed from enclosures of greater than 2,000 square feet between May 1 to September 30 in order to comply with Subsection B(2) above. Manure and waste shall be cleared from all enclosures as needed or as weather conditions permit from October 1 to April 30.
(5)
Stockpiled manure, waste and soiled bedding shall be removed from the property at least every two weeks from May 1 to September 30 and at least monthly from October 1 to April 30. The storage of manure, wastes and soiled bedding and the maintenance of pens or corrals for animals shall not interfere with any abutter's rights to enjoy their property. The BOH or its agent shall investigate any complaints of offensive odor, noise or pests (such as rats, mice, insects, flies or mosquitoes) associated with the keeping of animals within the Town of Walpole and may at any time revoke a permit to keep animals within the Town or require additional preventive measures, in accordance with § 587-11 of these regulations.
(6)
Manure,
waste or soiled bedding shall be privately disposed of by the permit
holder and shall not be placed in the garbage collected by the Town
of Walpole.
(7)
No
manure, wastes and soiled bedding from stables, corrals, coops or
pens shall be stored within 10 feet from a permit holder's residence
nor within 100 feet from any property line.
C.
Since there are a variety of circumstances under which
special considerations could be made, a permit holder or applicant
could submit a Manure Management Plan (MMP) customized or modified
to account for their individual situation (for example, composting,
use as a fertilizer, etc.). This revised or modified plan would need
to be approved by the BOH prior to issuance of a permit. The customized
or modified MMP is still required to address the points listed above.
Such a plan shall be reviewed by the Approving Authority in accordance
with standard industry practices.
A.
No permit holder shall willfully or through negligence,
cause, suffer, allow or permit the floor and or ground of the stable,
pen, coop or housing, through design, construction or maintenance,
cause or contribute to unsanitary conditions at said facility.
B.
No permit holder shall willfully or through negligence,
cause, suffer, allow or permit drainage of any liquid effluent containing
urine and/or fecal matter from any animal kept in a stable, pen, coop
or housing to flow over the surface of the ground on to abutting property,
public ways, watercourses, bodies of water, or wetland areas.
C.
All animals
shall be kept clean and in good health. No animal shall be abused
either directly or by neglect.
D.
All opened animal food, except that for household
pets, shall be stored in a rodent-proof container.
E.
Whenever necessary, insecticides such as space sprays
or resin strips should be applied to the interior walls, ceiling,
stall areas and exterior of stables, pens, coops or housing in order
to control the insect population. All insecticides shall be approved
by the Department of Public Health and the Department of Environmental
Protection and should be applied in accordance with the instruction
for the use of that insecticide.
F.
Bedding shall consist of peat moss, straw, pine wood
chips, hay, shavings, sawdust or like absorbent substances but shall
not contain in whole or part any wool waste. Bedding should be sufficient
to provide absorption of waste materials and adequate comfort for
the animal. Pigs should be provided with sufficient bedding to provide
warmth in cold weather.
A.
An inspection shall be required before the annual
renewal of the permit.
B.
The permit shall be renewed annually, subject to inspection,
on or before December 31. A copy of the current Animal Regulations
shall be included in the renewal application.
C.
Inspections shall be conducted annually for all permit
holders, whether or not animals are present.
D.
In the event that a resident holds an animal permit,
and has not had any animals on the property for three years, the existing
animal permit is no longer eligible for renewal. In the event that
the resident wishes to again raise animals requiring a permit on their
property, they are welcome to reapply for a new permit prior to the
animals being brought onto the property.
A.
Complaints
must be submitted in writing, or via e-mail, to the BOH or Approving
Authority, and must include the name and contact information for the
complainant and a description of the nature of the complaint.
B.
Within
five working days of the receipt of a complaint, the Approving Authority
shall investigate the matter. The Board of Health or its designee
shall provide a written response within seven working days which contains
the findings of the investigation to both the complainant and the
permit holder.
C.
The Approving
Authority shall investigate any complaints associated with the keeping
of animals within the Town of Walpole and may require additional preventive
measures to mitigate public health risk.
A.
Inspections may be performed at any reasonable time
by Approving Authority without prior notification.
B.
In cases of noncompliance with these regulations or
with any additional preventative measures required by the BOH, the
BOH will enforce these rules and regulations in the following manner:
(1)
After written notification from the BOH noting violations
of these regulations, the permit holder shall have 10 working days (or such time as is allowed in the notification),
to correct such violations. Repeated offenses may be given less time
at the discretion of the BOH or the Health Agent. Failure to correct
such violations shall result in that person being subject to a fine
of $50 per day per violation that such an infraction continues (in
accordance with the Town of Walpole Ticketing Noncriminal Disposition
Bylaw[1]) and/or revocation of the animal permit.
(2)
After written notification from the BOH, any person
housing or keeping animals without a permit shall within 24 hours,
or such time as is allowed in the notification, remove said animal(s)
from the premises until such time as a permit is issued.
(3)
Permits may be revoked or suspended by the BOH if
it is determined that any of the following has occurred:
(a)
Continued keeping of these animals constitutes a public safety or
health risk.
(b)
The animal(s) are not receiving proper care.
(c)
The facts contained in the application or as represented by the application
to the BOH are inaccurate.
(d)
The permit holder is keeping animals either not listed on the current
permit or in greater numbers than indicated on the current permit.
(4)
The holder of any permit revoked or suspended shall
be notified of such action by certified mail. A person so aggrieved
may petition the BOH for a hearing at the next BOH meeting, unless
the agenda for the meeting has already been posted, in which case
the hearing shall be at the subsequent BOH meeting. The applicant
may be permitted to keep said animal(s) on the premises until the
BOH hearing, so long as if it does not find that the keeping of the
animal(s) poses an immediate threat to the public health and safety,
or the welfare of the animal, in which case the animal(s) must be
removed within 24 hours of the receipt of the notice or such time
as indicated in the notice.
The Board of Health may issue a variance on an application or any provision of these regulations in any particular case when, in its opinion, the enforcement would manifest an injustice and the issue of a variance will not adversely impact the public health, safety or welfare. Any applicant requesting a variance shall comply with the permit application requirements outlined in § 587-2 and shall submit in writing in the application the regulations from which a variance is sought and the written reasons why the issuance of a variance would be in the public interest.
The fee for an animal permit shall be based
upon the permit holder's maximum allowable animal numbers as indicated
on their permit. Fees shall be as follows:
A.
For penned animals, such as poultry, waterfowl, rabbits
or pigeons, numbering six or less, the fee shall be $10.
B.
For penned animals, such as poultry, waterfowl, rabbits
or pigeons, numbering more than six, the fee shall be $15.
C.
For grazing
animals or pigs, numbering six or less, the fee shall be $30.
D.
For grazing
animals or pigs, numbering more than six, the fee shall be $40.
Anyone keeping animals under an existing permit issued by the Board of Health, on or before June 30, 2008, shall be subject to these regulations except for provisions relating to setback and lot sizes, unless or until their existing permit is revoked by the Board of Health (as set forth in § 587-11).
If any provisions of these regulations are declared
invalid or unenforceable, the other provisions shall not be affected
by this determination and shall remain in full force and effect.
