[HISTORY: Adopted by the Town of Ashland 10-17-2001 ATM by Art.
9. 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 Chapter 131 of the General Laws of the Commonwealth, shall feed
or bait any mammalian wildlife of the Order Mammalia (including, but
not limited to, coyote, fox and deer) at any place within the town
of Ashland. As used in this section, "feeding" and "baiting" shall
mean the placing, exposing, depositing, distributing, or scattering
of feed or nutritive substances, in any manner or form, so as to constitute
for such mammals 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 Fisheries and Wildlife, by a farmer as defined in § 1A
of Chapter 128 (MGL) on property owned or leased by him, or the feeding
of waterfowl or other birds by propagators licensed under § 23
of Chapter 131 (MGL) 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 such person; or the feeding by any person
of wild birds by use of a "backyard birdfeeder."
[Amended 11-20-2019 STM, Art. 13]
Notwithstanding the above, the Director of the
Division of Fisheries and Wildlife or his agent or designee may authorize
emergency feeding of waterfowl and other birds when, in his opinion,
such action is necessary 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 Select Board by first class mail.
A.Â
Criminal Disposition. Any violation of this chapter
shall be punished by a fine of not more than fifty dollars ($50.00)
for each offense.
B.Â
Non-criminal Disposition. Violations of this chapter
may be processed pursuant to § 21D of Chapter 40 (MGL).
Fines for violations shall be assessed as follows:
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First offense
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$50.00
| |
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Second and each subsequent offense
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$100.00
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C.Â
Each day or part thereof of a violation of any provision
of this chapter, whether such violation is continuous or intermittent,
shall constitute a separate and succeeding offense.
D.Â
Enforcement of this chapter under the Non-criminal
Disposition process shall be carried out by the Animal Control Officer,
a member of the Board of Health or its agent when either is so designated
by the Board, any person having police powers, or other person so
designated by the Town Manager.
