Animals – Newton

NEWTON HEALTH DEPARTMENT

RULES AND REGULATIONS FOR THE KEEPING OF ANIMALS AND LIVE FOWL

The City of Newton Health Department hereby orders that the following regulations

be and are hereby adopted this First Day of November 1982 to become effective on

November 15, 1982 under authority of Sections 31, 122 and 155 of Chapter Ill of the

General Laws of the Commonwealth of Massachusetts. All other regulations previously

adopted regarding the keeping of animals and live fowl and the licensing of stables

are hereby repealed.

 

SECTION 1. LICENSE REQUIREMENTS

 

1.1 Any person desiring to keep animals or live fowls shall apply to the Newton

Health Department for a license. Such license shall contain a statement of

the number and kind of creatures licensed and such conditions as may be re-

quired by the Department. Rodentera up to five in number are exempt from

licensure. Licenses may be issued for a period of time not to exceed two

years; they expire on September 30th and are not transferable.

 

1.2 Any person holding a valid license on the date of promulgation of these

standards will be considered eligible for continued licensure notwith-

standing non-compliance with the new distance requirements for the location

of structures.

SECTION 2. DEFINITIONS – For the purposes of this chapter the following definitions,

and such other animals within these categories as the Health Department may

subsequently recognize, shall apply.

2.1 ANIMALS: Horses, ponies, goats, swine, cattle, sheep, donkeys, mules, etc.,

which are kept or harbored as domesticated animals, excepting dogs and cats.

Dogs must be licensed according to the provisions of Newton City Ordinances

and of State Law (Mass. General Laws c. 140 4 137.) Wild animals, birds,

fish, reptiles and amphibians may be kept as pets subject to the licensing

requirements of State Law (Mass. General Laws c. 131 ºº 23, 25 and 26A.

Those wild animals which may be kept without a state license are listed

in 321 Code Mass. Reg. 9.01.)

 

2.2 LIVE FOWL: Chickens, pigeons, roosters, capons, hens, turkeys, pheasants,

guinea fowl, ducks and geese other than wild species.

2.3 RODENTERA: Include rats, mice, rabbits, mink, guinea pigs, hamsters, chin-

chillas and squirrels.

 

2.4 PERSON: Every individual, partnership, corporation, firm, association or group.

2.5 STABLE: A building having stalls or compartments in which large animals such

as horses, donkeys, mules, cattle or ponies are housed.

2.6 SHELTER: A structure for housing small animals.

 

2.7 COOP: Small building for housing live fowl.

 

SECTION 3. RESTRICTIONS

 

3.1 No person shall keep any animals or live fowl in any building used as a dwelling.

 

SECTION 4. SHELTERS

 

4.1 LOCATION: Al] shelters shall be located not less than 200 feet from the high

water mark of any known source of drinking water supply or any tributary thereof,

or less than 50 feet from any well.

4.2 CONSTRUCTION: All structures used to house small animals shall be so constructed

as to protect from dampness, deterioration and accessibility to rodents.

4.3 FLOORS: Floor surfaces shall be so constructed as to be easily cleanable.

4.4 FEED STORAGE: The owner shall provide for tightly covered and vermin-proof

storage of dry animal feed.

4.5 LIGHTING AND VENTILATION: Each shelter shall be provided with adequate lighting

;n-d ventilation.

4.6 SCREENING: All windows and doors should be provided with screens to prevent

the entrance of flies and other flying insects.

 

4.7 MANURE STORAGE: A ventilated, watertight storage facility constructed of

durable material for the storage of animal wastes shall be provided and be

so located as to promote regular removal of manure so as to prevent objectionable

conditions. Manure shall be stored not less than 2DO feet from the high water

mark of any known source of drinking water supply or any tributary thereof,

or less than 50 feet from any well.

SECTION 5. COOPS

5.1 LOCATION: All coops and other such buildings shall be located not less than

200 feet from the high water mark of any known source of drinking water supply

or any tributary thereof, or less than 50 feet from any well.

5.2 CONSTRUCTION OF BUILDINGS: All coops, hutches or other such buildings used

To-house poultry shall be of durable construction. Such structures shall be

elevated at least to a height which allows for adequate cleaning and designed

so as to prevent the harborage or shelter of rodents.

5.3 VENTILATION: All coops, structures or other such buildings used to house

poultry shall be properly ventilated and kept dry.

5.4 SCREENING: All windows and doors should be provided with screens to prevent

the entrance of flies and other flying insects.

 

5.5 MAINTENANCE OF FACILITIES:

A. Nests shall be movable and cleaned frequently.

B. Perches and areas beneath perches shall be cleaned frequently.

C. Feed stations shall be maintained in proper sanitary conditions.

D. Interior of coops, hutches, structures, etc. shall be whitewashed

(or equivalent treatment) at least once a year.

5.6 MANURE STORAGE: A ventilated, watertight storage facility constructed of

durable material for the storage of poultry wastes shall be provided and

so located as to promote regular removal of manure so as to prevent objectionable

conditions. Manure shall be stored not less than 200 feet from the high

water mark of any known source of drinking water supply or any tributary

thereof, or less than 50 feet from any well.

 

SECTION 6 STABLES

6.1 LICENSING OF STABLES: No person shall erect, occupy, or use for a stable

any building in the City ot Newton unless he has filed an application, on

a prescribed from, with the Health Department and received a license from

said Health Department.

6.2 LOCATION:

 

A. Stables shall be located not less than 200 feet from any church or

meeting house erected and used for the public worship of God, school,

Hospital, nursing home or rest home.

 

B. Not less than 200 feet from the high water mark of any source of

drinking water supply or any tributary thereof, or less than 50 feet

from any well.

C. Not less than 50 feet of any room where milk is handled.

6.3 CONSTRUCTION: Stable buildings shall be of durable construction to protect

the building from deterioration or damage by rodents, termites and dampness.

Applicant must submit a copy of the City of Newton Building Permit.

 

6.4 FLOORS: Floors in horse stalls shall be paved with wooden blocks sealed in

asphalt or other material approved by the Board of Health and shall be sloped

to facilitate proper drainage. Floors in the feed and tack rooms should be

of concrete construction.

6.5 DRAINAGE: The stable building shall be provided with a sanitary drainage

system connected to the public sewerage system; provided that if because

of distance or ground conditions, connection to a public sewerage system

is not practicable, any other means of subsurface disposal of sewage may

be installed, if approved by the board of health and is in compliance with

Title V of The State Environmental Code.

 

6.6 HOSE BIB WATER OUTLETS: The stable shall be provided with a sufficient

number of hose bib water outlets so that the stable can be hosed down

and maintained in a clean condition.

 

6.7 LIVING AND SLEEPING QUARTERS: Stables shall not be used for human habitation,

except upon written permission of the board of health. If permitted by the

board of health, such living and sleeping quarters shall meet the require-

ments of Chapter IM of The State Sanitary Codes

6.8 WATER TROUGH: A drinking water trough shall be provided in the corral area

for the animals.

6.9 CORRALS AND PADDOCK: Corrals and paddock areas should be gently sloping

‘To minimize standing pools of surface water. Area drains should be installed

whenever possible

6.10 FEED STORAGE: Grain feeds shall be stored in covered metal or metal-lined

bins or containers.

 

6.11 INSECT CONTROL: Whenever necessary, insecticides should be applied to the

interior walls, ceilings, and stall area in order to control fly populations.

Space sprays and resin strips impregnated with insecticide may also be used.

6.12 SCREENING: Openings to the outer air shall be effectively screened against

the entrance of flies and other flying insects.

6.13 MANURE STORAGE: A ventilated, watertight storage facility constructed of

concrete or other durable material shall be provided for the storage of

manure and so located as to promote regular removal of manure from inside

the stable. Manure shall be removed from the stable at least daily and

shall be placed in the manure storage container. No manure or used

bedding shall be permitted to remain uncontained outside the stable

more than 48 hours. Manure storage facilities shall be emptied as

often as necessary in order to prevent a health nuisance. Manure shall

be stored not less than 200 feet from the high water mark of any known

source of drinking water supply or tributary thereof, or less than

50 feet from any well.

6.14 WATER SUPPLY: An adequate quantity of safe water shall be provided for

each stable.

6.15 LIGHTING AND VENTILATION: Each stable shall be provided with adequate

light and ventilation.

 

6.i6 PENALTY: Failure to obtain a stable license shall be punishable by a

fine of five dollars for each day such violation continues (Mass. General

Laws c. III º 157).

SECTION 7. RESTRICTION TO PREMISES

All animals, rodentera, and live fowl shall be kept in an approved building,

run, or enclosure. They shall not be permitted to roam unrestricted outside

the building, run or enclosure. Any such animal, rodentera, or live fowl

shall be deemed to be at large when it shall be off the premises or outside

the building, run or enclosure owned or rented by its owner and unaccompanied

by the owner, agent or employee of the owner or caretaker.

SECTION 8. REVOCATION OF LICENSES

All licenses granted for the keeping of animals or live fowl may be revoked

by the Health Department upon a written finding that such revocation is

necessary for the public health or safety, or that conditions of the

license have been violated. The writing shall state the reasons for

revocation.

SECTION 9. PENALTY

g.i The penalty for a violation of any of the above regulations for which no

penalty is otherwise provided shall be a fine of not more than twenty

dollars (Mass. General Laws c. Ill g 31).