[HISTORY: Adopted by the Board of Health
of the Town of Wakefield 7-13-2007. Amendments noted where applicable.]
The Wakefield Board of Health, acting under
the authority of MGL c. 111, § 31, and any other amendments
and additions thereto, and by any other power thereto enabling has
adopted the following regulation at its October 12, 2006 meeting.
The protection of public lands used for recreation
purposes and other purposes from pollution caused by waterfowl due
to the feeding and baiting by the public.
A.
No person shall feed or bait any waterfowl, including
but not limited to ducks, geese and swans on any public land within
the Town of Wakefield. As used in this paragraph, “feeding and
baiting” shall mean the placing, exposing, depositing, distribution
or scattering directly or indirectly of 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 regulation shall be construed to limit the feeding of domesticated
waterfowl by any person by whom such waterfowl is lawfully kept as
a pet.
B.
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, 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.
Any person who violates any provision of this
regulation shall be subject to a ticketed fine of twenty-five dollars
($25) and all other available means of enforcement, including noncriminal
disposition under MGL c. 40, § 21D and the Town of Wakefield
Code.
This regulation may be enforced by police officers,
agents of the Board of Health, the Animal Control Officer and other
authorized agents of the Town.
