No person shall erect, occupy or use buildings or land for a stable without first being authorized and licensed by the Board of Health in compliance with MGL c.111, § 155, these regulations, any guidelines or orders, and applicable provisions of the Zoning Ordinance of the Town of Barnstable.
For purposes of these regulations, "agriculture" includes the raising or keeping of horses, whether as a commercial enterprise or incident to farming as defined in MGL c. 111, § 1, in a manner consistent with normal, generally accepted farming practices and not injurious to the public health. If a person (the "owner") provides satisfactory evidence to the Board that the owner is engaged in agriculture, then the owner:
Will enjoy a rebuttable presumption that the owner is so engaged in a manner that is not injurious to the public health;
Will be issued a stable license.
Notwithstanding the foregoing, if the Board is presented with sufficient evidence that the owner has failed to act in a manner consistent with normal, generally accepted farming practices and finds that such failures may possibly be injurious to the public health, then the presumption set forth in Subsection A(1) and (2) above and the conditional exemption set forth in Subsection A(3) above will be suspended, whereupon the Board will forthwith convene a hearing.
If, after the hearing, the Board finds that the owner is engaged in practices that are injurious to the public health, then the conditional presumptions in Subsection A(1) above shall be deemed rebutted, the conditional exemption in Subsection A(2) above will be lost, and the practices shall cease until the owner is in full compliance.
The Board or its agents and employees may from time to time request and receive information and material from the Commonwealth of Massachusetts Department of Agriculture describing normal, generally accepted framing practices for handling equine waste.
The license shall be effective December 1 of each calendar year and shall expire on November 30 of the succeeding calendar year.