CRT 2016 #48 · Communication to the City Council · Sep 12 2016

ORDINANCE COMMITTEE AND THE HEALTH AND ENVIRONMENT COMMITTEE JOINT COMMITTEE MEETING ~ AMENDED AGENDA ~ Tuesday, August 23, 2016 3:00 PM Sullivan Chamber City of Cambridge Page 1 CALL OF THE MEETING The Ordinance Committee and the Committee and Health & Environment Committee will conduct a public hearing to discuss a zoning petition by the City Council to amend Article 22.000 by creating a new Section 22.80 entitled Urban Agriculture to establish zoning regulations for the operation and establishment of urban Agriculture activities and also to provide framework for the siting, upkeep, and any modification of Urban Agriculture activity that address public safety and minimizes impacts on residents in the City of Cambridge. I. PRESENTATION AND REMARKS  Richard Rossi, City Manager  Lisa Peterson, Deputy City Manager  Iram Farooq, Assistant City Manager for Community Development Department  Jeff Roberts, Land Use and Zoning Planner, CDD  Nancy Gowa, City Solicitor  Claude-Alix Jacob, Public Health Officer  Sam Lipson, Health Department  Dawn Alcott, Cambridge Health Alliance  Members of the Urban Agriculture Task Force* (if present/desire to speak) Presentations 1. Urban Agriculture in Process - Community Development Presentation II. PUBLIC COMMENT III. DISCUSSION IV. ADJOURNMENT * MEMBERS OF THE URBAN AGRICULTURE TASK FORCE INCLUDE Lawrence Barriner II Chris Basler Stuart Dash Sandra Fairbank Javier Gutierrez Jane Hirschi Jennifer Lawrence (past member) Jennifer Wright Letourneau Dawn B. Olcott Sasha Purpura (past member) Kari Sasportas José Wendel Ellen Kokinda

City of Cambridge O-12 Amended Order IN CITY COUNCIL June 27, 2016 COUNCILLOR CHEUNG WHEREAS: Urban Agriculture activities have become increasingly popular in Cambridge and other municipalities nationwide, in part due to a rising commitment among citizens and communities to local and sustainable food growth and consumption; and WHEREAS: Cambridge currently does not have zoning regulations in place for the operation and establishment of Urban Agriculture activities, and does not have a framework in place for the siting, upkeep, and any modification of Urban Agriculture activity that addresses public safety, minimizes impacts on residents in the City of Cambridge, and meets all local, state, and/or federal regulation provisions, particularly the State Building Code; now therefore be it ORDERED: That the attached amendment to the Zoning Ordinance providing for urban agriculture be referred to the Ordinance Committee and Planning Board for hearing and report, and the Health & Environment Committee for joint hearing. In City Council June 27, 2016. Adopted as amended by the affirmative vote of eight members. Attest:- Donna P. Lopez, City Clerk A true copy; ATTEST:- Donna P. Lopez, City Clerk REFERRED TO ORDINANCE COMMITTEE AND PLANNING BOARD FOR HEARING AND REPORT AND HEALTH AND ENVIRONMENT COMMITTEE

// DRAFT // Office of Councillor Leland Cheung 22.80 URBAN AGRICULTURE 22.80.010​ ​ PURPOSE​ .-​ ​ This Chapter is adopted to establish zoning regulations for the operation and establishment of Urban Agriculture activities and also to provide framework for the siting, upkeep, and any modification of Urban Agriculture activity that address public safety and minimizes impacts on residents in the City of Cambridge. Notwithstanding the provisions of this Chapter, the requirements of all local, state and/or federal regulations applicable to a project must be met, particularly the State Building Code. 22.80.020​ ​ DEFINITIONS​ .- In this Chapter: (1) Farm Structure.- The term “farm structure” is defined as a common agricultural structure associated with an agricultural use such as growing and harvesting crops, and raising livestock, including barns, sheds, shade pavilions, cold storages for crops grown and raised on site, slaughterhouses, hay or feed storage, livestock shelter or shade structures, feed or hay shelter structures, loafing sheds, poultry coops, and farm equipment storage units. (2) Planning Board.- The term “Planning Board” means the Planning Board of the City, established under the provisions of Massachusetts General Laws, chapter 41, sections 70 through 72, as described in Section 2.68 of the City’s Municipal Code. (3) Rooftop Greenhouse.- The term “rooftop greenhouse” is defined as the conversion of a rooftop into a productive growing space, using a ​ glass (or similar) building in which plants are grown that need protection from cold weather. (4) Urban Agriculture Activity.- The term “Urban Agriculture activity” means any ​ growing of plants or raising of animals within the city limits. (5) Urban Farm.- The term “Urban Farm” is defined as a location the primary purpose and use of which the cultivation of plants and horticultural crops. (6) Zoning Ordinance.- The term “Zoning Ordinance” means the City’s zoning ordinance as described in Section 17.04.010. 22.80.030 ​ APPLICABILITY​ .- The provisions of this Chapter apply to Urban Agriculture activities, except— (1) Urban Agriculture activities that received zoning approval by the Cambridge Planning Board or by the Cambridge City Council prior to the adoption of this Chapter; or // DRAFT // 

// DRAFT // Office of Councillor Leland Cheung (2) Urban Agriculture activities or Farm Structures erected pursuant to a building permit issued prior to the adoption of this Chapter. 22.80.040 ​ REQUIREMENTS​ .- (1) Ground level urban farms less than 10,000 square feet— (a) may operate, be erected or designed to be used, in whole or in part in any zoning district set forth in Chapter 3.00; (b) are subject to the applicable height limits and setback limits of its underlying zoning district; and (c) are subject to the signage requirements, as described in subsection (6). (2) Ground level urban farms 10,000 square feet or greater but less than one acre— (a) may operate, be erected or designed to be used, in whole or in part in any zoning district set forth in Chapter 3.00, subject first to Comprehensive Review, as described in Section 22.80.050; (b) are subject to the applicable height limits and setback limits of its underlying zoning district; and (c) are subject to the signage requirements, as described in subsection (6). (3) Ground level urban farms one acre or greater— (a) may operate, be erected or designed to be used, in whole or in part in any zoning district set forth in Chapter 3.00, subject first to Comprehensive Review, as described in Section 22.80.050; (b) are subject to the applicable height limits and setback limits of its underlying zoning district; and (c) are subject to the signage requirements, as described in subsection (6). (4) Unless otherwise noted, the following requirements apply to farm structures less than 5,000 square feet: (a) Such farm structures may operate, be erected or designed to be used, in whole or in part, only in industry, business, special, and office districts, as described in Chapter 3.00. (b) Such farm structures shall not operate, be erected or designed to be used, in whole or in part in residence zoned areas, as described in Chapter 3.00. (c) Rooftop greenhouses less than 5,000 square feet shall be no higher than 25 feet, measured from the roof surface. (d) Urban farms less than 5,000 square feet may operate, be erected or designed to be used, in whole or in part in any zoning district set forth in Chapter 3.00. (e) Rooftop farm structures less than 5,000 square feet are subject to the applicable height limits in the underlying zoning except for rooftop greenhouses, which are permitted to rise a maximum of 25 feet above the roof surface. ​ (See section 22.834(b)). // DRAFT // 

// DRAFT // Office of Councillor Leland Cheung (f) Unless located in industry zoned areas, as described in Chapter 3.00, farm structures visible from a public street or public open space are subject to Comprehensive Review, as described in Section 22.80.050. (5) Unless otherwise noted, the following requirements apply to farm structures 5,000 square feet or greater: (a) Rooftop greenhouses 5,000 square feet or greater— (i) shall only operate, be erected or designed to be used, in whole or in part, in industry, business, special, and office districts, as described in Chapter 3.00; (ii) shall not operate, be erected or designed to be used, in whole or in part in residence zoned areas, as described in Chapter 3.00; and (iii) shall be no higher than 25 feet, measured from the roof surface. (b) Urban farms less than 10,000 square feet may operate, be erected or designed to be used, in whole or in part, only in industry, office, business, and special districts, as described in Chapter 3.00. (c) Rooftop farm structures are subject to the applicable height limits of the underlying zoning, except rooftop greenhouses, which are permitted to rise a maximum of 25 feet above the roof surface. ​ See section 22.834(b). (d) Unless located in an industry zoned area, as described in Chapter 3.00, farm structures visible from a public street or public open space are subject to Comprehensive Review, as described in Section 22.80.050. (6) Sign Requirements.- The following requirements apply to ground level urban farms: (a) Ground level urban farms are required to post one identification sign not exceeding 4 square feet in total area, attached at a height of no more than 5 feet and no less than 2 feet high to a structure or fence stating the— (i) name of the farm; and (ii) contact information of the farm operator. (b) Temporary signage shall be allowed for a farm stand during sales hours (at Farmer’s Markets, for example) but must be removed whenever the farm stand is not in operation. (c) Signage and Temporary signage shall not encroach upon sidewalks, driveways, or other rights of way, and shall not to create a nuisance or hazard. 22.80.050​ ​ COMPREHENSIVE REVIEW​ .- The purpose of Comprehensive Review (or “CR”) is to ensure that Urban Farms are sited and designed in a manner consistent with the aesthetic norms of the neighborhood. (1) The Planning Board shall perform CR of Urban Agricultural activities at regularly scheduled intervals, not less than 4 times per year. // DRAFT // 

// DRAFT // Office of Councillor Leland Cheung (2) The Planning Board shall set and announce the date for CR no less than 1 month prior to the appointed CR date. (3) Materials required in Section 22.80.060 shall be submitted to the Planning Board no less than 2 weeks before the appointed CR date. (4) Unless the proposed project has prior approval from the City Council, CR is required for the construction of– (a) ground level urban farms 10,000 square feet or greater but less than one acre; (b) ground level urban farms one acre or greater; (c) rooftop greenhouses; (d) rooftop farm structures that are visible from a public street or public open space, other than within industry zoned areas. (5) A CR decision shall be superseded by a majority vote of the City Council. 22.80.060 ​ INFORMATION REQUIRED TO SUBMIT AN APPLICATION FOR COMPREHENSIVE REVIEW​ .- A complete application for Comprehensive Review shall include— (1) a sketch plan showing planted areas, footprints for all farm structures, driveways, parking areas, and landscape buffers; (2) a sketch drawing of proposed farm structures; (3) recent photographs of the existing site and abutting properties; (4) proposed plans for irrigation and controls for storm runoff, as required by the Inspectional Services Department; (5) a signage plan showing proposed location and positioning; (6) a description or illustration of the dimensions, location, and appearance of all proposed urban Agriculture Activities, including screening, fencing, and landscaping; and (7) if applicable— (a) a description or illustration of any existing buildings remaining along with the proposed urban agriculture activities; (b) a description or illustration of any urban agriculture structures as they are visible from a public street or public open space; and (c) a lighting scheduling and plans to mitigate light pollution. 22.80.070​ ​ DESIGN GUIDELINES FOR URBAN AGRICULTURE​ .- // DRAFT // 

// DRAFT // Office of Councillor Leland Cheung 1. Site Plan.- a) Site planning, including location of farm structures, vehicle access, parking areas, and pedestrian access, should be designed to enhance the surrounding buildings and open spaces. In addition, placement of farm structures should respect significant landscape features of the site, such as rock outcroppings, draining areas, and mature trees. b) Vehicular access and egress to and from an urban farm should minimize traffic impacts on adjacent roadways and provide safe visual access for drivers and pedestrians c) Parking zones are permitted within the side or rear setbacks of the property. d) Composting as an accessory to urban farming should not be located in the front setback and shall compose no more than five percent of the lot area. 2.​ ​ Structures.- New structures related to the functions of urban agriculture shall be compatible with the size, scale, and material of the surrounding built and natural environment. 3. Perimeter Fencing and Screening.- a) Perimeter fencing for ground level urban farms shall not be made of plywood sheeting or un-coated metal chain link. The use of masonry, pickets, decorative metal, post and rail, wrought iron, or board-type wood are encouraged. b) Screening shall fall under the same guidelines as perimeter fencing, and shall also encourage the use of street trees and shrubbery. Trees and shrubbery shall be planted densely so as to provide adequate screening. c) Street-facing landscape elements such as screening, perimeter fencing, street trees, and signage should be compatible with the surrounding architecture and environment 4. Lighting. a) Lighting for ground level urban farms, roof level urban farms, and rooftop greenhouses shall be limited to that required for operational and safety purposes. b) Lighting used for urban agriculture purposes shall be implemented so as not to create a nuisance through excessive brightness to abutting uses. c) A lighting schedule shall be provided as a component of Comprehensive Review, as described in Section 22.80.060. 5. Materials a) For greenhouses, at least seventy percent of all roofs and walls should consist of transparent materials. b) For hoophouses, materials should consist of flexible PVC or metal tubing and transparent plastic covering. 22.80.080​ ​ DESIGN, MAINTENANCE, COMPOSTING, AND SAFETY REQUIREMENTS​ .- (1) Composting.- // DRAFT // 

// DRAFT // Office of Councillor Leland Cheung (a) Composting as primary use for an urban farm shall only be allowed in industrial zoned districts, as described in Chapter 3.00. (b) Composting as accessory use shall comprise no more than 5 percent of the approved lot area. (c) Composting operations are subject to regulations administered by the Massachusetts Department of Environmental Protection, under 310 CMR 16.00 and by the Massachusetts Department of Agricultural Resources, under 330 CMR 25.00, Agricultural Composting Program. (d) Compost bins shall not— (i) exceed a height of 8 feet from ground level in ground level urban farms; and (ii) exceed a height of 8 feet from roof level in rooftop farms. (e) Compost bins and structures in ground level urban farms shall be setback a minimum of 5 feet from property lines. (f) In residential districts, as described in Chapter 3.00, compost bins and structures shall not be located in a front-yard or side-yard that abut a street. (2) Safety Requirements.- (a) The cultivation and tillage of the soil, the production, planting, caring for, treating, growing and harvesting of any agricultural, aquaculture, floricultural or horticultural commodities, and the keeping and raising of hens and honey bees, are subject to local, state, and federal regulations. (b) Proof of annual soil testing must be provided to the Planning Board prior to the establishment of an urban farm and prior to the sale of urban farming products. (3) Maint​ enance.- (a) At all times, Urban Farms shall be maintained in a healthy growing condition. (b) It is the intention of the City Council that Urban Farming, when conducted in accordance with this title, should not violate local nuisance or hazard laws. 22.80.090​ ​ ACCESSORY KEEPING OF HENS.- (1) Accessory keeping of hens may occur in ground level urban farms in any zoning district set forth in Chapter 3.00. (2) There shall be no more than 8 adult hens per each urban farm. (3) Roosters are expressly forbidden in any urban farm. (4) The onsite slaughtering of hens is prohibited in any urban farm. (5) Design.- Chicken coops and runs— // DRAFT // 

// DRAFT // Office of Councillor Leland Cheung (a) shall not exceed 8 feet tall by 8 feet wide. (b) must allow a minimum of 2 square feet per hen and one nest per 2 hens within; and (c) must allow a minimum of 4 square feet per hen. (6) Setbacks.- Chicken coops and runs— (a) shall be setback a minimum of 5 feet from property lines in any zoning district set forth in Chapter 3.00, unless there is a solid, opaque barrier, such as a wall or fence along the property line; (b) shall not be located in a front-yard; and (c) shall not be located within a 15 foot buffer of habitable structures on adjacent properties in residence zoned districts, as described in Chapter 3.00. (7) Materials and Screening.- (a) Coops shall be made of washable and sanitizable material, including fiberglass or plastic. (b) Runs shall have a securely built frame and shall be covered in a mesh wire material. (c) Runs shall be designed to be predator proof. (d) Unless in an industrial zoned area, as described in Chapter 3.00, any portion of a coop or run directly visible from a street or public owned space shall be screened by an opaque fence, buffer, or landscape element at least 4 feet in height. (8) Free Ranging.- (a) An Urban Farm owner/operator shall— (i) obtain the written consent of all residents and property owners who have legal access to the premises for free-ranging; and (ii) supervise free-ranging of adult egg-laying hens. (b) Free-ranging is not permitted in a front-yard or side-yard that abut a street or public open space. 22.80.100​ ​ ACCESSORY KEEPING OF HONEY BEES.- (1) Accessory keeping of honey bees shall only occur in ground level and roof level urban farms, in any zoning district set forth in Chapter 3.00 of the Zoning Ordinance . (2) There shall be no more than 2 hives in ground level and roof level urban farms. (3) No hive shall exceed 5 feet in height and 20 cubic feet. (4) Setbacks.- (a) Setback from the property line is not required where there is a wall, fence, or similar barrier between the urban farm lot and the adjacent property. (b) Hives shall be set back 5 feet from the property line where there is no wall, fence, or similar barrier between the urban farm lot and the adjacent property. // DRAFT // 

// DRAFT // Office of Councillor Leland Cheung (c) Hives shall not be located in the front yard or in the side yard in any zoning district set forth in Chapter 3.00. (d) Hives shall not be located within 10 feet of a street or public open space. (5) Hive Placement and Flyways.- For any ground level hive within 25 feet of the doors or windows of a building on an abutting lot— (a) the hive opening must face away from doors and windows; or (b) a flyway of at least 6 feet in height, composed of a dense barrier shall be established in front of the opening of the hive, such that honey bees fly upward and away from the abutting properties. (6) Rooftop Hive Beekeeping Requirements.- (a) Hives shall be set back 5 feet from the edge of the roof. (b) For a rooftop hive that is within 25 feet of the doors or windows of a building on an abutting lot— (i) the hive opening must face away from doors or windows; or (ii) a flyway of at least 6 feet in height, composed of a dense barrier must be established in front of the opening of the hive, such that honey bees fly upward and away from the abutting properties. (c) Compliance with State and Local Laws.- Beekeeping shall comply with applicable federal, State, and local laws and regulations 22.80.110​ ​ AQUACULTURE, AQUAPONICS, AND HYDROPONICS.- (1) Aquaculture, Aquaponics, and Hydroponics facilities shall operate, be erected or designed to be used, in whole or in part only in industrial zoned districts, as described in Chapter 3.00. (2) Urban farms with structures for Aquaculture, Aquaponics, and Hydroponics are subject to Comprehensive Review, as described in Section 22.80.050. (3) Aquaculture, Aquaponics, and Hydroponics facilities shall comply with applicable federal and State regulations for water use and discharge, and for the possession, propagation, culture, sale, and disposition of living marine organisms. 22.80.120​ ​ FARMERS MARKETS AND FARM STANDS.- (1) A Farmer’s Market shall occur only where retail is allowed in the underlying zoning district. (2) The operation of a Farmer’s Market shall require a permit from the City of Cambridge’s Inspectional Services Department – Food and Sanitary Division. // DRAFT // 

// DRAFT // Office of Councillor Leland Cheung (3) There may be only one Farm Stand per ground level Urban Farm or roof level urban farm and greenhouse, given— (a) accessory farm stands sell and distribute only the horticultural and agricultural products which are allowed where urban farms are allowed (See section 22.80.040), provided further that the stand does not exceed 200 square feet in total floor area; (b) the construction of a farm stand is conditional and subject to review by the Planning Board prior to its construction and operation; and (c) accessory farm stands shall not encroach upon sidewalks, driveways, or other rights of way, and shall not be erected so as to create a public nuisance or hazard. 22.80.130​ ​ ABANDONMENT OF AN URBAN FARM.- (1) In this Section, “abandoned site” means a ground level or roof level urban farm that fails to operate for more than one year except where the City of Cambridge’s Inspectional Services Department provides written consent for non-operation. (2) The owner/operator shall physically remove all farm structures, and clear and restore an abandoned site to its original state no more than 120 days after the date of discontinued operation. (3) Such site clearing shall consist of— (a) physical removal of farm structures, equipment, and machinery; and (b) disposal of composting and agricultural waste in accordance with local and state waste disposal regulations. (4) If the owner/operator fails to remove the farm structures, equipment, and machinery in accordance with the requirements of this Section within 120 days of abandonment, the Inspectional Services Department shall enter the property and conduct removal activities. 22.80.140​ ​ REGULATIONS​ .-​ ​ The Cambridge City Manager may promulgate regulations to administer this Chapter 22.80.150​ ​ ​ SEVERABILITY​ .-​ ​ The provisions of this Chapter are severable, and if any provisions of these sections shall be held invalid by any court with jurisdiction over these Titles, such decision shall not impair or otherwise affect any other provisions of these sections. // DRAFT // 

Urban Agriculture In Process: Developing a Comprehensive Policy for the City of Cambridge Presentation to the Health & Environment Committee - August 23, 2016

What is Urban Agriculture? Urban agriculture is the practice of cultivating and processing food in and around the city 2

Urban Ag Task Force The Cambridge Public Health and Community Development Departments have been working in partnership with the Urban Ag Task Force, a subcommittee of the Food and Fitness Policy Council, to develop a comprehensive urban ag policy for the city. 3 Goals of Regulations • Allow limited agricultural activities in Cambridge • Establish a clear permitting and enforcement process • Support of best practices, and being good neighbors

Cambridge Outreach & Partners Stakeholder Engagement • City agencies and programs (CPHD, CDD, ISD, DPW, Animal Control, Conservation Commission) • Focus Groups with local experts (beekeepers, chicken keepers, gardeners, entrepreneurs, academics, epidemiologists, veterinarians, clinicians) • Nonprofits and Community Organizations, e.g. Cambridge Community Center, City Sprouts, Shady Hill School • Residents • Neighborhood organizations, Tenants Association • State agencies (MDAR, MDPH) • Local municipal experts (Boston, Somerville, Arlington) 4

Urban Agriculture in Cambridge • What works in Cambridge? Examined nearby cities’ policies (Boston, Somerville, Arlington) and learned from national leaders (San Francisco, NYC, Austin, TX) • Policy advising and research support from the Conservation Law Foundation 5

Drafting a policy that includes: 1. A zoning ordinance that explicitly allows agricultural activities 2. Public health regulations that support and limit activities to mitigate potential health risks and exposures Urban Ag Task Force Action Items

Comprehensive City Policy Public Health Regulations • Keeping chickens (hens only) • Beekeeping • Soil safety for produce grown for sale Zoning Ordinance • Establish what types of agriculture are “accessory” (e.g. home-based activities) and what are “principal uses” (e.g. commercial farms) • Establish allowed districts, criteria and/or review processes for principal agricultural uses Guidance Documents • Best management practices • Easy guide for community members to navigate permit process Permit Applications and Forms 7

Public Health Regulations • Three separate regulations (hens, bees, soil) • Regulatory authority defined • Logical argument for regulatory need and purpose • Definitions • CPHD permit required to keep hens or bees • Operation and maintenance requirements • Covers nuisance, odor, noise, pest prevention, sanitary waste management, and disease prevention • Refers to other state/local regulations where applicable • Establishes inspection frequency • Clear enforcement mechanisms for violations and due process considerations for compliance

Public Health Opportunities & Considerations • Permit application plan review phase enables CPHD to flag design or operational plans that can be modified to prevent later complaints or concerns (e.g. bee sting allergies) • Best Management Practices and guidance documents available to educate applicants on protective measures to prevent disease transmission and assure adequate biosecurity measures (e.g., avian influenza) • Soil safety guidelines and testing requirements to prevent heavy metal exposure (e.g., lead, arsenic)

Task Force Next Steps • Draft soil safety regulations and regulatory review by Cambridge Public Health Subcommittee to vote to promulgate public health regulations on chickens, bees, and soil • Develop criteria, and review processes for principal agricultural uses for staff review (Zoning, ISD, Law, CPHD) • Host large public meeting to get input on draft

Agriculture Activities Under Consideration 11 • Farms – ground level • Farms – roof level • Commercial & Institutional (nonprofit) farms & gardens • Animals (hens, honey bees) • Hydroponics (roots in water) • Aquaponics (fish & plants in tanks) • Aquaculture (cultivation of aquatic animals) • Aeroponics (roots in air, sprayed w/ water) • Freight containers • Vertical Agriculture • Expanding opportunities for farmers markets & Community Supported Agriculture; CSAs covered by Federal/State SNAP Match financing in Spring 2017

City Council Zoning Petition 12 • Intent is the same as Urban Ag Task Force draft policy • Implementation is key – need to ensure a clear, effective permitting and enforcement process • Planning Board is not the recommended permitting agency – bulk of oversight for some activities would be by CPHD • Zoning should state what agricultural uses (principal and accessory) are allowed / not allowed in Article 4.000 (Use Regulations), subject to compliance with CPHD regulations • City Council petition can provide guidance for the final phase of Task Force work

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HONEY BEES WHEREAS, honey bees are a critical part of flowering plant pollination and reproduction, and a necessary element in pollination of crops that make up a healthy food supply; and WHEREAS, the Cambridge Public Health Department and the City of Cambridge promote the creation of urban agriculture initiatives to support local access to healthy food; and WHEREAS, keeping domestic honeybees is a means of local honey production and local food access and security; and WHEREAS, domestic honeybee hives must be maintained as to prevent an attractive nuisance drawing in pests or predators; and WHEREAS, standards must be maintained to prevent the spread of disease or vectors that can transmit disease to humans; NOW THEREFORE, the Cambridge Public Health Department promulgates the following regulation to protect the health of Cambridge residents, workers, students, and visitors. ********* Section 1. Purpose The purpose of this regulation is to protect the public health of Cambridge residents, workers, students, and visitors while promoting healthy and safe local food access through support of urban agriculture initiatives. Section 2. Authority This regulation is adopted under the authority ofM.G.L c.111 §31 and §122. Section 3. Definitions Abandoned hive: shall mean any unattended, unmarked, occupied or unoccupied honey bee hive exposed to occupancy by honey bee swarms Apiary: shall mean any place or location where one or more hives containing honey bees and associated bee equipment is kept Abutter: shall mean a property adjacent to the property of another Bees: see the definition of "Honeybee" (Apis mellifera) Beekeeper: shall mean any person( s) responsible for the keeping of bees and person( s) permitted by the Cambridge Public Health Department to keep bees in Cambridge 1

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HONEY BEES Brood: shall mean bees in the egg, larval, or pupal life stage of development prior to emergence as adults from their cells Colony: shall mean a hive and its equipment and appurtenances, including, bees, comb, honey pollen, and brood Flight path: shall mean the 3 foot radius surrounding the entrance to a hive. This area surrounding the hive entrance is the site of heightened bee movement as bees enter and exit the hive Flyway: shall mean the direction bees fly leaving their colony Department: shall mean the Cambridge Public Health Department Hive: shall mean a structure intended for the housing of a honey bee colony Honey: shall mean the natural food product made by honey bees from nectar collected from a flower's nectarines or a plant's extrafloral nectarines Honeybee or "Bees": shall mean any life stage of the common domestic honey bee, A pis mellifera Honeybee disease: shall mean any infectious, contagious, or harmful disease, including but not limited to: American foulbrood, European foulbrood, sacbrood, chalkbrood Ascophaera apis, Nosema apis, bee paralysis virus, or any abnormal condition of eggs, larval, pupal, or adult life stages of honey bees ISO: shall mean the Cambridge Inspectional Services Department MassDEP: shall mean the Massachusetts Department of Environmental Protection MDAR: shall mean the Massachusetts Department of Agricultural Resources MDPH: shall mean the Massachusetts Department of Public Health Nuc: shall mean a nucleus or very small hive often used to temporarily house bees that may be split from a strong colony as a form of swarm management and/ or queen rearing Observation Hive: shall mean a small hive located indoors (but with outdoor access for the bees) that is equipped with components such that it allows one to view the hive contents Owner: shall mean any person who owns or controls hives or beekeeping equipment, including beekeepers Processed honey: shall mean honey that is heat treated or otherwise extracted with heat 2

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HONEY BEES Property owner: shall mean every person who alone or severally with others: (1) has legal title to any dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park; or (2) has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel ofland, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder oflegal title; or (3) is a mortgagee in possession of any such property; or ( 4) is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or (5) is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum standards as if he were the owner. Owner also means every person who operates a rooming house Public health nuisance: shall mean unreasonable interference with or that which is injurious to the health, safety, hygiene, and comfort of the general public. Public nuisance conditions include but are not limited to that which is unsanitary, by means of accumulation of organic waste, combustible or non-combustible inorganic waste materials, or other filth or health hazards. See also M.G.L c.111 §122. Retail food permit: shall mean a food establishment license or permit issued by the Cambridge Inspectional Services Department per the MA Food Code 105 CMR 590.000 Robbing: shall mean the removal of honey from dead or weakened colonies by honey bees not belonging to that colony "Smoker" or "bee smoker": shall mean a device used to blow smoke into a hive to quiet bees before working on or about the hive Swarm: shall mean colony or partial colony in search of shelter Swarming: means the natural proliferation of bees by the splitting of one colony into two or more colonies Unprocessed Honey: shall mean raw honey as defined by the National Honey Board- honey as it exists in the beehive or as obtained by extraction, settling, or straining without added heat Wholesale food permit: shall mean a permit for a food business, including but not limited to food processors, food distribution centers, and food warehouses, that is licensed by the Massachusetts Department of Public Health, Food Protection Program to sell food to other businesses rather than direct to consumer 3

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HONEY BEES Section 4. Application & Permits 1. No person may keep honeybees (Apis mellifera) without first submitting an application for a permit from the Cambridge Public Health Department. a. Each applicant shall submit a package to the Department which shall include the following items: i. Scale drawing (hand drawn or electronic), with proposed hive location(s) and dimensions, number of hives, hive structure design including entrances, flight path, flyway, flyway barriers, and existence of any other structures in the yard ii. Description of hive construction and provisions to exclude predators iii. Written (signed) consent of property owner of record iv. Written (signed) statement from beekeeper or owner, which shall include 1. An agreement to not abandon hives in case of rental contract termination or sale of property; and 2. A written contingency plan to transfer ownership ofhive(s) to another beekeeper or sanctuary if necessary; and 3. Acknowledgment that honeybees cannot be surrendered to Cambridge Animal Control at any time b. Application Review i. The Department will review complete applications and may require additional information or clarifying statements to aid in review of application or suggest modifications to plans for final approval ii. The applicant shall notify abutting neighbors of application c. Permit Approval i. Any modifications of plans after permit is issued shall require written notification to the Department and shall require re-approval; ii. All permits issued by the Department shall be nontransferable 1. Any sale or transfer of property shall require written notification by the permit holder to the health department immediately 2. A new permit application must be submitted to the Department by any new owner seeking to keep bees on said property 2. Permit application and renewal fees (TBD) 3. Permit Renewal schedule a. All permits shall be renewed annually and shall expire on December 31 of each calendar year b. Permit renewal applications must be submitted to the Department at least 3 weeks before expiration date 4

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HONEY BEES Section 5. Operations & Practice 1. All beekeeping practices and apiary maintenance, including but not limited to bees, broods, colonies, hives, observation hives, nucs, swarms, and management of swarming or robbing behavior shall: a. Conform with applicable state and local regulations and standards, including i. MDAR regulation 330 CMR 8.00; and ii. Cambridge zoning ordinance; and iii. Massachusetts Beekeeper's Association's Best Management Practices b. In addition to the aforementioned regulations and standards in Section 5.01(a), all operations and practice shall occur in such a manner as to prevent a public health nuisance and unsanitary conditions i. Ground-level apiaries shall be constructed at least 5 inches off the ground and use fine mesh hardware cloth or screens to exclude pests, including rodents ii. Honey and hive by-products shall be removed regularly, indoors, to exclude pests and predators iii. Fresh water provided to hive(s) shall be emptied and refilled on a constant basis to prevent stagnant water from serving as a breeding ground for mosquitoes 2. All hives shall be marked with owner's name and contact information 3. Use of any neonicotinoid pesticides, a class of chemical insecticides that are associated with harm to bees and are persistent environmental pollutants, shall be strictly prohibited on any property containing hives or apiaries 4. Use of"smokers" to calm bees shall comply with MassDEP air quality regulations, including 310 CMR 7.00 5. All owners must notifY the Department to any changes to the plan submitted in their original permit application in accordance with Section 4 of this regulation Section 6.00 Sale of Honey 1. Sale of processed honey requires a retail food permit from the Cambridge Inspectional Services Division (ISD) and compliance with the Massachusetts Department of Public Health (MDPH)retail food code 105 CMR 590. 2. Unprocessed ("raw") honey is exempt from the requirements of 105 CMR 590. Exclusive sale of unprocessed honey only does not require a retail food permit. 3. Commercial processing, wholesale processed honey operations, and distribution requires a wholesale permit from MDPH Food Protection Program 5

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HONEY BEES Section 7.00 Inspections 1. The Department or designated agent(s) for the Department shall be the chief enforcement officer of this regulation and shall have the authority to issue violations, enforcement orders, and penalties. 2. There may be one or more initial inspections during the permit application and review phase to determine permit approval 3. Inspections by the chief enforcement officer shall take place upon the following: a. Written, electronic, or telephonic complaint b. Any changes or modifications to plan or ownership as outlined in Section 4 of this regulation c. As needed to ensure safe and sanitary operations Section 8.00 Violations, Enforcement Orders & Penalties 1. Written notice of any violation of this Regulation shall be given to the beekeeper and property owner by the chief enforcement officer, and shall: a. Specify the nature of the violation and the schedule for compliance b. Order any corrective actions that must be undertaken to bring to compliance, and c. Order any preventative measure required to avoid future violations. 2. Any permit holder or licensee may request a hearing by written request to the Department within 10 days of receipt of written notice of violations. 3. If the Department, or it's agent, determines that the hive(s) causes disturbances on, or damage to neighboring property or public areas, the Department or its agent may require thatthe hive be removed, at the owner's expense, immediately 4. Whoever violates any provision of this regulation may be penalized by a non-criminal disposition process as provided by M.G.L c.40 §21D. If non-criminal disposition is elected, then any person who violates any provision of this regulation shall be subject to a penalty as follows: a. First Offense - $25.00 b. Second Offense- $50.00 c. Third Offense- $100.00 d. Fourth and Further Offenses- $300.00 e. Each day or portion therof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. 5. Whoever violates any provision of this regulation may be penalized by indictment or on complaint brought in a court of competent jurisdiction as provided by M.G.L. c.218 §26. Except as may be otherwise provided by law and as the court may see fit to impose, the maximum penalty for each violation or offense shall be three hundred dollars. Each day or 6

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HONEY BEES portion therof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. 6. The Department may suspend, revoke, or decline to renew a permit for cause after reasonable notice to the licensee of the grounds for the proposed action. Section 9.00 Variances 1. The Department may vary the application of any provision of this regulation with respect to any particular case, when, in the Department's opinion, the enforcement thereof would do manifest injustice; provided that the decision does not jeopardize public health or the environment and shall not conflict with the intent and spirit of this regulation. 2. A request for a variance shall be submitted in writing. The Department may ask for supporting evidence in order to consider the variance request. The request shall not be deemed complete until all such requested evidence has been received by the Department. 3. Any variance granted under this section may be subject to qualification, revocation, suspension, or expiration. A variance granted may be revoked, modified, or suspended in whole or in part, only after the holder thereof has been notified in writing and has been given an opportunity to be heard in accordance with this regulation. 4. Any variance granted by the Department shall be in writing. A copy of any such variance, while it is in effect, shall be available to the public at all reasonable hours at the Department. A copy of the variance shall also be on file with the permit holder. Section 10.00 Severability 1. If any provision, clause, section, sentence, or paragraph of the above regulation shall be held to be invalid, such invalidity shall not affect the remaining provisions of the regulation. The valid part of any provision, clause, section, sentence, or paragraph shall be given independence from the invalid provisions, and to this end the regulations are hereby declared to be severable. 7

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HENS WHEREAS, the Cambridge Public Health Department promotes healthy eating, local food resiliency, and sustainable local food initiatives; and WHEREAS, the keeping of hens provides local egg production; and WHEREAS, minimum standards are necessary to promote the responsible care and welfare of hens to minimize disease transmission; and WHEREAS, minimum standards are necessary to protect the health, safety, and welfare of local residents and the environment; NOW THEREFORE, the Cambridge Public Health Department promulgates the following regulation to protect the health and quality of life of Cambridge residents, workers, students, and visitors. ********* Section 1. Purpose The purpose of this regulation is to protect the public health of Cambridge residents, workers, students, and visitors while promoting healthy and safe local food access through support of urban agriculture initiatives. Section 2. Authority This regulation is adopted under the authority ofM.G.L c.111 §31 and §122. Section 3. Definitions Abutter: shall mean the owners or tenants of the property which adjoins the lot upon which hens will be kept, whether or not said properties are separated by a public way Chicken: shall mean any breed of the domestic species Gallus gallus domesticus Coop: shall mean a structure for the keeping or housing of hens Hens: shall mean a domestic female chicken of the species Gallus gallus domesticus

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HENS Henhouse: shall mean an enclosed structure or coop for hens (see also "coop") HPAI: shall mean Highly Pathogenic Avian Influenza Manure Management Plan: shall mean a plan for the handling of manure. The plan shall address cleaning, com posting, storage, utilization and removal of manure MDAR: shall mean the Massachusetts Department of Agricultural Resources MDPH: shall mean the Massachusetts Department of Public Health MSPCA: shall mean the Massachusetts Society for the Prevention of Cruelty to Animals Noise: shall mean sound of sufficient intensity and/or duration as to (a) cause a nuisance, (b) is injurious or, on the basis of current information potentially injurious to human health, or (c) unreasonably interferes with the comfortable enjoyment of life and property Owner: shall mean the permit holder and/or the person who keeps and maintains hens (hen keeper) Pen: shall mean the enclosed outdoor space for hens (see also "run") Pest: shall mean any unwanted creature, including vermin, that would seek access to chicken feed, such as mice or rats Pest Management Plan: shall mean a plan that adequately defines measures that shall be taken by the hen owner to minimize the presence of rodents, insects, and predators Predator: shall mean any creature that would seek to harm or consume hens Property owner: shall mean every person who alone or severally with others: (1) has legal title to any dwelling, dwelling unit, mobile dwelling unit, or parcel ofland, vacant or otherwise, including a mobile home park; or (2) has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel ofland, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder oflegal title; or (3) is a mortgagee in possession of any such property; or ( 4) is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or (5) is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum standards as if he were the owner. Owner also means every person who operates a rooming house. Public health nuisance: shall mean unreasonable interference with or that which is injurious to the health, safety, hygiene, and comfort of the general public. Public health nuisance conditions include

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HENS but are not limited to that which is unsanitary, by means of accumulation of organic waste, combustible or non-combustible inorganic waste materials, or contributes to disease transmission, noise, odor, or other filth or health hazards. See also M.G.L c.111 §122. Rooster: shall mean a male chicken of the domestic species Gallus gallus domesticus Run: shall refer to pen and/or a completely enclosed outdoor area designed to allow hens access to the outdoors while providing protection from pests and predators Runoff: shall mean water from natural or unnatural sources that flow over the surface of the ground Unsanitary Conditions: shall mean any condition that is conducive to or results in a disease transmission pathway, is injurious or potentially injurious to human health, or reasonably interferes with the health and safe enjoyment of life and property. Unsanitary conditions may include, but are not limited to the following: filth, public health nuisance, the presence or attraction of vermin or pests, breeding of insects, offensive odors, rodent infestation, runoff, and noise. Vermin: shall refer to rodents and insects, including disease vectors such as flies and mosquitos Section 4. Application & Permits 1. No person shall keep hens in Cambridge without first obtaining a permit from the Cambridge Public Health Department. a. Each applicant shall submit a site plan review application to the Department which must include the following items: i. Applicant name and contact information ii. Scale drawing (hand drawn or electronic) which includes the following information: 1. Size of the lot/property 2. Proposed location and exact dimensions of coop and pen 3. Location of existing structures on property, including fences, and indication of distance of coop and pen from all abutters 4. Proposed location of food and water, and feed storage iii. Details regarding the proposed structure and construction of coop and pen, including type and nature of building materials and hardware needed iv. Manure management plan v. Pest management plan

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HENS vi. Proposed number of hens and estimated square footage per hen for the coop and pen vii. Written (signed) consent of property owner of record viii. Written (signed) statement from hen keeper (applicant), which shall include: 1. An agreement to not abandon hens in case of rental contract termination or sale of property; and 2. A written contingency plan to transfer ownership ofhens(s) to another owner or sanctuary if necessary; and 3. Acknowledgment that hens cannot be surrendered to Cambridge Animal Control at any time b. Total number of proposed hens shall comply with Cambridge Zoning Ordinance requirements i. Any request for a variance shall be submitted in writing to the Department and be subject to Department approval (see section 12.00) c. Application Review i. The Department will review complete applications and may require additional information or clarifying statements to aid in review of application or suggest modifications to plans for final approval ii. The applicant shall notify abutting neighbors of application via certified letter iii. An applicant or abutter may submit a written request for a hearing with the Department within seven (7) business days of notification for the purpose of reviewing plan and design considerations and suggested modifications d. Permit Approval i. Any modifications of plans after permit is issued shall require written notification to the Department and shall require re-approval; ii. All permits issued by the Department shall be nontransferable 1. Any sale or transfer of property shall require written notification from the permit holder to the health department immediately 2. A new permit application must be submitted to the Department by any new owner seeking to keep hens on said property 2. Permit application and renewal fees (TBD) 3. Permit Renewal schedule a. All permits shall be renewed annually and shall expire on December 31 (TBD) of each calendar year b. Permit renewal applications must be submitted to the Department at least 3 weeks before expiration date

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HENS Section 5. Operations & Practice 1. No roosters shall be kept in Cambridge at any time 2. All applicable Cambridge Zoning Ordinance requirements shall be in compliance 3. The location of the coop and pen shall be subject to the following requirements a. No less than 100 feet from a Wetland as defined by M.G.L. c.131 §40 b. No less than 100 feet from any public drinking water supply c. Placement and features shall be designed to prevent runoff beyond the property line 4. All applicable requirements of 330 CMR 5.00 (MA Poultry regulation) shall be in compliance. 5. Owners shall follow MDAR best management practices and recommended biosecurity measures for backyard poultry keepers. a. Measures may include but are not limited to the following: adequate coop ventilation; protection from the elements, drafts, and moisture; appropriate litterjcoop floor substrate; adequate nutrition, food supply, and access to potable water; appropriate manure management and predator /pest control; adherence to requirements for buying, transporting, exhibiting and selling hens; Salmonella pull arum testing and Mycoplasma screening; obtaining birds from a reputable source; appropriate vaccination against infectious diseases; and quarantine requirements for introduction of new birds to an established flock. 6. The following conditions shall apply to waste and manure management: a. Waste may be com posted with carbonaceous/organic material such as hay, bedding, or leaves b. Should the weather be too cold, or com posting is not otherwise possible, waste must be stored in a sealed container until proper disposal c. Bi-weekly cleaning of henhouses is required; more frequent cleanings may be required as needed to prevent odor or nuisance conditions 7. All coops shall be elevated above ground level and employ gap-free construction using the proper gauge wire (:::;1/2" hardware cloth) to prevent access to rodents and other vermin 8. All coops shall be marked with owner's name and contact information 9. All hens shall have access to fresh potable water daily; stagnant water is not permitted 10. Hens shall be kept in enclosed coops and pens at all times unless actively supervised a. Hens shall be kept segregated from interaction with migratory waterfowl b. All hens must be confined to the permit holder's property at all times to prevent wandering and straying onto other properties 11. Unsanitary conditions and/or public health nuisance conditions shall not be permitted, including, but not limited to perceptible odor or noise at the property boundary

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HENS a. Investigation of noise complaints is subject to the jurisdiction of the Cambridge License Committee 12. All owners shall be required to notify the Department of any changes to the plan submitted in the original permit application, in accordance with Section 4 of this regulation Section 6. Predator & Pest Control 1. All chicken feed shall be stored securely in a moisture-proof container inaccessible to rodents, pests, and predators, inside the primary structure 2. All feed leftover from feeding shall not remain in an area accessible to rodents, pests, and predators after dusk 3. All regulations and best practices shall be followed in compliance with section 5.00 of this regulation Section 7. Health & Disease Concerns 1. In compliance with section 5.10a of the regulation, interaction of hens with wild waterfowl (e.g., ducks, geese) shall be avoided, to the extent feasible, to prevent HPAI transmission 2. In the unlikely event of a confirmed positive case ofHPAI in a domestic flock, response actions shall proceed as directed by state officials under the Commonwealth of Massachusetts HPAI Multi-Agency Coordination and Operations Plan, including applicable quarantine, control zone restrictions, depopulation, decontamination, disposal and/ or clearance requirements 3. Young children ( <5 years) and people with compromised immune systems are at highest risk of salmonella infection and should not be involved in the care and maintenance of hens Section 8.00 Humane Treatment 1. All practices shall comply with state requirements per M.G.L c.272 §77 for the humane treatment of animals a. Reports of cruelty to animals are subject to investigation by MSPCA Law Enforcement 2. The coop and pen shall be kept sanitary, free from decaying or rotting food, filth, vermin infestation, and stagnant water 3. All best practices as enumerated in section 5.00 of the regulation shall be in compliance

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HENS Section 9.00 Sale of Eggs 1. Farm fresh eggs offered for sale must be stored and maintained at 45°F or less in accordance with MDPH and MDAR requirements 2. Sale of any cooked or processed eggs, egg products, or any other type of food products requires a retail food permit with the City of Cambridge lnspectional Services Department (lSD) in compliance with the MA Food Code 105 CMR 590. Section 10.00 Inspections 1. The Department or designated agent( s) for the Department shall be the chief enforcement officer of this regulation and shall have the authority to issue violations, enforcement orders, and penalties. 2. There shall be one or more initial inspections during the permit application and review phase to determine permit approval 3. There shall be at least one annual routine inspection 4. Inspections by the chief enforcement officer shall also take place upon the following: a. Written or telephonic complaint b. Any changes or modifications to plan or ownership as outlined in Section 4 of this regulation c. Re-inspections upon violations d. As needed to ensure to assure safe and sanitary operations Section 11.00 Violations. Enforcement Orders & Penalties 1. Written notice of any violation of this Regulation shall be given to the owner of the hens and property owner by the chief enforcement officer, and shall: a. Specify the nature of the violation and the schedule for compliance b. Order any corrective actions that must be undertaken to bring to compliance, and c. Order any preventative measure required to avoid future violations. 2. Any permit holder or licensee may request a hearing by written request to the Department within 10 days of receipt of written notice of violations. 3. If the Department, or it's agent, determines thatthe hens cause disturbances on, or damage to neighboring property or public areas, the Department or its agent may require that the hens be relocated, at the owner's expense, immediately

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HENS 4. If, under the judgment of the Department, a condition of imminent public health hazard exists the Department shall issue an immediate cease and desist order; other actions may include, but are not limited to suspension or revocation of permit 5. Whoever violates any provision of this regulation may be penalized by a non-criminal disposition process as provided by M.G.L c.40 §21D. If non-criminal disposition is elected, then any person who violates any provision of this regulation shall be subject to a penalty as follows: a. First Offense - $25.00 b. Second Offense- $50.00 c. Third Offense- $100.00 d. Fourth and Further Offenses- $300.00 e. Each day or portion therof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. 6. Whoever violates any provision of this regulation may be penalized by indictment or on complaint brought in a court of competent jurisdiction as provided by M.G.L. c.218 §26. Except as may be otherwise provided by law and as the court may see fit to impose, the maximum penalty for each violation or offense shall be three hundred dollars. Each day or portion therof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. 7. The Department may suspend, revoke, or decline to renew a permit for cause after reasonable notice to the licensee of the grounds for the proposed action. Section 12.00 Variances 1. The Department may vary the application of any provision of this regulation with respect to any particular case, when, in the Department's opinion, the enforcement thereof would do manifest injustice; provided that the decision does not jeopardize public health or the environment and shall not conflict with the intent and spirit of this regulation. 2. A request for a variance shall be submitted in writing. The Department may ask for supporting evidence in order to consider the variance request. The request shall not be deemed complete until all such requested evidence has been received by the Department. 3. Any variance granted under this section may be subject to qualification, revocation, suspension, or expiration. A variance granted may be revoked, modified, or suspended in whole or in part, only after the holder thereof has been notified in writing and has been given an opportunity to be heard in accordance with this regulation. 4. Any variance granted by the Department shall be in writing. A copy of any such variance, while it is in effect, shall be available to the public at all reasonable hours at the Department. A copy of the variance shall also be on file with the permit holder.

Cambridge Public Health Department CAMBRIDGE PUBLIC HEALTH DEPARTMENT REGULATION FOR THE KEEPING OF HENS Section 13.00 Severability If any provision, clause, section, sentence, or paragraph of the above regulation shall be held to be invalid, such invalidity shall not affect the remaining provisions of the regulation. The valid part of any provision, clause, section, sentence, or paragraph shall be given independence from the invalid provisions, and to this end the regulations are hereby declared to be severable.