§ 24-4. Restrictions and enforcement.

Not more than one rooster shall at any time be kept on premises not in agricultural use in the Town of Barnstable except as prohibited under Subsection C. Any person keeping a rooster on premises not in agricultural use shall comply with the following. For purposes of this article, premises shall be deemed to be in agricultural use if the parcel contains five or more acres primarily and directly used in the course of business, individually or in any combination, of farming in all its branches, cultivation and tillage of soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products on forest land, the raising of livestock, including horses, the keeping of horses, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, and fur-bearing animals; or if the parcel contains between two and five acres, any of the aforesaid activities generates at least a $1,000 per acre based on documented gross sales dollars, regardless of the primary purpose.

A. 

The rooster shall be kept between the hours of 7:00 p.m. and 7:00 a.m. within a fully enclosed structure designed to minimize noise.

B. 

The person shall not allow or permit such rooster at any time to annoy another person's reasonable right to peace or privacy by making loud or continuous noise where such noise is plainly audible between the hours of 7:00 a.m. and 7:00 p.m. at a distance of 150 feet from the premises where the rooster is kept, or between the hours of 7:00 p.m. and 7:00 a.m. at a distance of 50 feet from the premises where the rooster is kept, or when such noise is continuous in excess of 10 minutes.

C. 

The provisions of this article may be enforced pursuant to MGL c. 40, § 21D, and Article I, Noncriminal Enforcement of Violations, of Chapter 1, General Provisions, of the Code of the Town of Barnstable for the first three violations; and by prohibiting the further keeping of roosters in lieu of or in addition to enforcement pursuant to MGL c. 40, § 21, for each violation thereafter.