Board of Health

Kevin Elak, MPH City of Middletown Director of Health Department of Health 245 deKoven Drive Middletown, CT 06457 TEL: (860) 638-4960 FAX: (860) 638-1960 TDDL: (860) 344-3521 MIDDLETOWN BOARD OF HEALTH LEGAL NOTICE The Middletown Board of Health will hold its regularly scheduled meeting on Tuesday, December 13, 2022 at 6 p.m. on Webex and in Room 208 of the Middletown Municipal Building Dated in Middletown, Connecticut this 4th day of December, 2022. Kevin Elak, MPH Director of Health Agenda Attached The Municipal Building is Wheelchair Accessible. *If you require special accommodations for any meeting, please call the ADA coordinator at (860) 344- 3491, (voice) or (860) 344-3521 (TDD/TTY), or the Town Clerks Office at (860) 638-4910 at least ten (10) days prior to the scheduled meeting. KEVIN ELAK, MPH City of Middletown Director of Health Department of Health 245 deKoven Drive Middletown, CT 06457 TEL: (860) 638-4960 FAX: (860) 638-1960 TDDL: (860) 344-3521 Board of Health Regular Meeting, December 13, 2022, 6:00 PM Hybrid Meeting on Webex and in Room 208 of City Hall AGENDA 1. CALL TO ORDER a. Welcome new Board of Health Commissioner, Brian K. Gartner, Jr. 2. APPROVAL OF MINUTES a. November 8, 2022 3. PUBLIC HEARING ON AGENDA ITEMS ONLY 4. DEPARTMENT REPORTS a. Director Report – Kevin Elak b. Division Report – Jennifer Sparks 5. OLD BUSINESS a. Draft revisions to Middletown Code of Ordinances, Chapter 107: Animals 6. NEW BUSINESS 7. OTHER 8. ADJOURNMENT **Virtual attendance option available for attendees** Event link: https://middletownct.webex.com/middletownct/j.php?MTID=m56fcc4cde8f64336285f449ce684cdfa Event Password: Middletown Join by phone: 1-408-418-9388 Webinar #:2331 391 7611 Password: 64335386 ORDINANCE NO. ORDINANCE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: that Chapter 107, Article I and II, Sections 107-1 through 107-5 of the Middletown Code of Ordinances state as follows: CHAPTER 107. ANIMALS ARTICLE 1 Keeping of Certain Animals Restricted § 107-1. Definitions As used in this article, the following terms shall have the meanings indicated: Formatted: Font: (Default) Times New Roman, 12 pt LIVESTOCK Formatted: Font: (Default) Times New Roman, 12 pt The term “livestock” shall be defined as it is in CGS §22-278, as amended Formatted: Indent: First line: 0.31" POULTRY Formatted: Indent: Left: 0.5", First line: 0.5" Formatted: Indent: First line: 0.31", Adjust space The term “poultry” shall be defined as it is in CGS §22-326(s)(5), as amended between Latin and Asian text, Adjust space between Asian text and numbers § 107-21. L i v e s t o c k a n d Poultry and other birds, cattle, horses, swine, goats Formatted: Font: (Default) Times New Roman, 12 pt and sheep. [Amended 3-7-2011 by Ord. No. 3-11] Formatted: Indent: Left: 0.5", First line: 0.5" The keeping of livestock and poultry in the City of Middletown shall remain consistent Formatted: Indent: Left: 0" with the Federal Right to Farm Act and Federal Farm Bill as well as any federal and/or state regulations pertaining to farming, agriculture and the Connecticut Public Health Code. Furthermore, existing and future registered farms meeting the criteria above are exempt from this section. In all other applications, the keeping of livestock and poultry that and other species of birds, cattle, horses, goats, sheep or any other animal that, in the opinion of the Director of Health, based on state health regulations and codes, may create a nuisance or public health hazard is prohibited. unless the following requirements and separating distances Formatted: Font: 12 pt, Not Bold are kept. 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: A. No livestock shall be kept within 25 feet of a property line. Formatted: Left, Indent: Left: 0.56", No bullets or numbering B.A. No livestock or poultry shall be kept within 75 feet of any private water supply well or body of water that is used for any other purpose or flows into another body of water.  C.B. The storage of manure shall be kept 75 feet from a private potable well water supply or body of water to protect the City watersheds. Manure must be maintained/ removed on a weekly basis in order to break up the reproductive cycle of flies and mosquitoes. D.C. Manure shall be kept in accordance with Section 19-13-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." E.D. No livestock or poultry shall be kept within a minimum of 100 feet from a neighboring, livable structure. F.E. A secured fence of appropriate size shall completely surround any area(s) used by the livestock or poultry. G.F. A minimum of one acre is needed for the keeping of one horse or cattle. An additional 1/2 acre is required for each additional horse or cattle: G. No livestock or poultry shall be kept or maintained within 10 feet of any public road. H. Roosters are not permitted on property with less than 3 acres.(effective 6 Formatted: Font: (Default) Times New Roman, 12 pt months from adoption of ordinance). Formatted: Font: (Default) Times New Roman, 12 pt I.H. Residents requesting an exception shallwill be required to notify adjacent Formatted: Left, Right: 0", Space Before: 8.2 pt, Line property owners via certified mail and posting signage on the property at spacing: single locations adjacent to all public streets abutting the property. J.I. The keeping of swine shall be consistent with regulations set forth in the Public Health Code of the State of Connecticut Section 19-13-B23(a). ARTICLE II Removal of Dog Litter § 107-32. Duty of dog owner. It shall be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his dog on any public or private property. § 107-43. Exception for guide dogs. The provisions of this article shall not apply to a guide dog accompanying any blind person. § 107-54. Penalties for offenses. Any violation of this article shall be punishable by a fine of $25.