[HISTORY: Adopted by the Town of Dennis 12-9-1986 Special Town Meeting, Art. 5. Amendments noted where applicable.]
No person, except the Director of the Division of Fisheries and Wildlife or his agent or designee, as authorized pursuant to MGL C. 131, shall feed or bait any waterfowl of the family Anatidae, including but not restricted to ducks, geese and swans, at any place within the Town of Dennis.
As used in this paragraph, "feeding" and "baiting" shall mean placing, exposing, depositing, distributing or scattering, directly or indirectly, of shelled, shucked or unshucked corn, wheat or other grain, bread, salt or any other feed or nutritive substances in any manner or form so as to constitute for such birds a lure, attraction or enticement to, on or over any such areas where such feed items have been placed, exposed, deposited, distributed or scattered.
Nothing in this bylaw shall be construed to limit the feeding of domesticated waterfowl, as defined by the Division of Marine Fisheries and Wildlife, by a farmer as defined in MGL C. 128, § 1A, on property owned or leased by him or the feeding of waterfowl or other birds by propagators licensed under MGL C. 131, § 23, when such waterfowl or other birds are confined in such a manner as may be required pursuant to said § 23 and any rules and regulations issued under authority thereof, or the feeding by any person or his agents, invitees or licensees of waterfowl lawfully kept as a pet by that person.
Notwithstanding any of the above, the Director of the Division of Fisheries and Wildlife or his agent or designee may authorize the emergency feeding of waterfowl and other birds when, in his opinion, such action is necessary in order to alleviate undue losses and suffering of such birds due to unusual weather conditions and other circumstances. The Director may authorize such action by such means as he deems necessary and expedient, but such means shall include the immediate notification of the Selectmen thereof by first-class mail.
Any person who violates any provision of this bylaw shall be subject to a fine of fifty dollars ($50.) for each offense thereof.
This bylaw may be enforced by police officers, Natural Resource Officers, Shellfish Constables, Harbormasters, Assistant Harbormasters, agents of the Board of Health, Environmental Police Officers and other enforcement officers of the Division of Law Enforcement, and by Deputy Environmental Police Officers.
Upon approval of this bylaw, the Selectmen shall cause one (1) copy thereof to be mailed to the Director of the Division of Fisheries and Wildlife and one (1) copy to the Director of the Division of Law Enforcement.