Monday, March 7, 2011

Poultry And Livestock Ordinance

In response to a commentor's question about the poultry ordinance being voted on by the Common Council tonight, I called the Common Council Clerk and asked how I could find out what was being voted on. I was informed that the ordinance language is available at the clerk's office and "might be available at the Russell Library (if they've picked it up)". When asked if there was anywhere I could go online to see it, the clerk graciously offered to email it to me. This is especially appreciated since I am carless today. (If you're reading between the lines, yes, I am suggesting that our town operations could be more efficient and transparent if we employ more use of web technology). Immediately in my inbox (thank you Council Clerk!) I found the document named "sec107-1FOR3-11" containing the text I have pasted below:


[ ] = deletion

Boldface type = addition


Ordinance No.


BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN that Article I, Keeping of Certain Animals Restricted, Sec. 107-1, Poultry and other birds, cattle, horses, swine, goats and sheep, of Chapter 107 of the Middletown Code of Ordinances be amended to read as follows:


ARTICLE I

Keeping of Certain Animals Restricted

Sec. 107-1. Poultry and other birds, cattle, horses, swine, goats and sheep.

[ The keeping of poultry and other species of birds, cattle, horses, swine, goats and sheep within a distance of 200 feet from a dwelling is prohibited, unless authorized by the Board of Health. ]

The keeping of poultry and other species of birds, cattle, horses, goats, sheep or any other animal that, in the opinion of the Director of Health, may create a nuisance or public health hazard is prohibited. The Director of Health for good cause, including, but not limited to, past use of the property, physical configuration of the property or environmental and/or public health impact, may grant authorization to a person(s) requesting an exception:

  1. No livestock shall be kept within twenty-five (25) feet from a property line.

  2. No livestock shall be kept within seventy-five (75) feet from any private water supply well or body of water that is used for any other purpose or flows into another body of water.

  3. The storage of manure shall be kept seventy five (75) feet from a private well water supply or body of water. Manure must be maintained/removed on a weekly basis in order to break up the reproductive cycle of flies and mosquitoes.

  4. Manure shall be kept in accordance with Sec. 19-14-B21 of the State of Connecticut Public Health Code, which provides as follows: “In populous districts manure shall be kept in a covered water-tight pit or chamber and shall be removed at least once a week during the period from May first to October first and during the other months at intervals sufficiently frequent to maintain a sanitary condition satisfactory to the Director of Health. Manure on farms or isolated premises other than dairy farms need not be so protected and removed unless ordered by the director of health.”

  5. No livestock shall be kept within a minimum of one hundred (100) feet shall be maintained from any neighboring structure.

  6. A secured fence of appropriate size shall completely surround any area(s) used by the livestock.

  7. A minimum of one (1) acre is needed for the keeping of one (1) horse or cattle. An additional half (1/2) acre is required for each additional horse or cattle.

  8. No livestock shall be kept or maintained within ten (10) feet from any public road.

  9. Residents requesting an exception will be required to notify adjacent property owners via certified mail and posting signage on the property at locations adjacent to all public streets abutting the property.

  10. The keeping of swine shall be consistent with regulations set forth in the Public Health Code of the State Of Connecticut Sec. 19-13-B 23(a).

Submitted by: Councilman James B. Streeto

Approved by Ordinance Study Committee February 15, 2011

Approved by Board of Health

========================END of document====

In case it is difficult to see in the above, it looks to me like the entire ordinance is in bold text meaning that it is being made more detailed with the addition of sections A through J. Please note that in this blog post the letters A through J were changed to numbers 1 through 10 and I do not have time to correct this but they should reflect letters, not numbers. The original ordinance looks like it was a broad sweeping prohibition and is being changed to provide more clarification and to allow for an exception process.

7 comments:

martel said...

Does the clause "that, in the opinion of the Director of Health" pertain to "any other animal" only, or does it modify the entire list of birds and beasts?

If it only applies to "any other animal" then say goodbye to your pet bird and miniature horse. If it applies to the entire list, then you can keep your miniature horse, bird, chickens, etc. (but not your Vietnamese pot-bellied pig) until the Director decides they might become a public nuisance.

What about pre-existing situations that won't comply with the new rule?

john said...

I suppose there might be some health -based rationale behind these restrictions, but I would rather see things go in the direction of ordinances prohibiting individuals or developers from building houses within 200 or more feet of places where livestock is kept, and/or requiring legal acknowledgment and acceptance by the buyer of manure smells and other environmental realities inherent in locating one's dwelling near a farmed property.

Rick said...

What brought this about? Someone built a big house next to a farm and found out manure stinks?

John Hall said...

Thank you for posting this information, Karen. I'm glad the city is exercising some flexibility on the livestock ordinance so that people can raise chickens, while stipulating conditions.

Jon said...

Thank you very much for digging up the details! I definitely agree this kind of thing should made available by the city on the web, but thankfully we have The Eye!

Anonymous said...

Any update on the vote?

Anonymous said...

It passed hands down. It's about time!