City of Northampton, MA Feeding of Wildlife

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Editor's Note: This ordinance also provided that upon approval, the Mayor shall cause one copy thereof to be mailed to the Director of the Division of Fisheries and Wildlife and one copy to the Director of the Office of Fisheries and Wildlife Law Enforcement.

Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this subsection:

PERSON

Any person, resident, occupier, firm, corporation, or other business organization.

PREMISES

Property, real or personal, owned, occupied, leased, or expressly permitted to be used by a person, within the limits of the City of Northampton, including any confined area or locality such as a residence, business, room, shop, building, motor vehicle, refuse container, dumpster enclosure, garbage cans, or compost site, subject to the exceptions set forth in Subsection D, below.

WILDLIFE

Any undomesticated and unrestrained animal or fowl, including but not limited to bears, coyotes, foxes, raccoons, skunks and other animals or fowl causing public safety threats.

WILDLIFE-PROOF DUMPSTER ENCLOSURE (WPDE)

A fully enclosed structure consisting of four sides and a roof or cover of sufficient design and construction to prevent access by wildlife. The door or cover must have a latching mechanism sufficient to prevent entry by wildlife. The sides of the structure must extend to within two inches of the ground, and ventilation openings must be covered with a heavy gauge steel mesh or other material of sufficient strength to prevent access by wildlife. Mesh openings shall not exceed one-quarter inch in width.

WILDLIFE-RESISTANT REFUSE CONTAINER (WRRC)

A fully enclosed container that can be constructed of pliable materials or nonpliable materials (e.g., steel), but must be reinforced to deter access by wildlife. The container must employ a sturdy lid that has a latching mechanism preventing access to its contents by wildlife.

Feeding of wildlife prohibited.

(1)

No person shall intentionally or knowingly feed, use, place, provide, give, expose, deposit, scatter, distribute, leave or store any refuse, food product, pet food, or other material or nutritive substance on any premises in a manner which would constitute a lure, attraction, or enticement of wildlife on property within the City of Northampton. Feed that is deposited by natural vegetation or found solely as a result of normal agricultural or gardening practices, as well as standing crops planted and left standing as wildlife food plots that may be used by wild animals, is not considered feeding for the purposes of these regulations and is allowed.

(2)

The persons responsible for enforcing this section shall monitor and respond to complaints about wildlife. The landowner or person responsible for premises where problems with wildlife feeding have occurred will be notified of the complaint and offered suggestions for remediation by the enforcing persons.

(3)

Failure of a person to respond to a notice of complaint within 14 days may be construed as evidence that the wildlife feeding was done with the knowledge or consent of the landowner or responsible person.

Conditions requiring new containers or enclosures.

(1)

In responding to wildlife complaints, the enforcing persons shall make a determination whether or not refuse containers on the premises are the source of the wildlife feeding problem.

(2)

If refuse containers are determined to be the source of the wildlife feeding problem, the landowner or person responsible for the premises will be required to replace them with a WRRC or WPDE as defined in this section. Failure to comply with an order to replace refuse containers within the time set forth in the order will constitute a violation of this section.

(3)

Damage and repair of containers and enclosures. If a WRRC or WPDE is damaged or defeated so that it may allow access by wildlife, repair or replacement must be made within 24 hours after the damage is discovered.

(4)

Acceptable outdoor compactor design. Any outdoor compactor containing any material edible by wildlife must not be accessible by wildlife. No trash or material may be exposed and doors must be kept closed and latched with a wildlife-proof mechanism except when loading or removing refuse. If damaged, allowing access by wildlife, repairs must be made to the outdoor compactor within 24 hours after written notification by the City of Northampton.

Exceptions. The following entities or actions are exempt from the requirements of this section:

(1)

Any individual, company or corporation that is duly licensed by the Commonwealth of Massachusetts or entitled under law to possess wildlife of any kind.

(2)

Any action that is officially sanctioned by the Commonwealth of Massachusetts that would require feeding, baiting, or luring of wildlife (i.e., capturing and tagging wildlife for scientific projects and study).

(3)

Any individual, company, or corporation that is engaged in lawful agricultural pursuits, including but not limited to growing crops, crop-bearing plants or raising livestock.

(4)

This section shall not be interpreted so as to prohibit bird feeders, provided that if a bird feeder is determined to be the feeding source of wildlife feeding, public safety threats, the bird feeder and seed debris are removed within 48 hours.

(5)

This section shall not be interpreted so as to prohibit the feeding of pets or feral cats, provided that if food intended for pets is determined to be the source of wildlife feeding, the landowner or person responsible for the premises will be required to take steps to render such pet food inaccessible to wildlife, including the requirement that the pet food be removed. If any wildlife gains access to pet food, the condition allowing access must be corrected or the pet food removed within 48 hours.

(6)

This section shall not be interpreted so as to prohibit the storage of refuse, food product, pet food, or other material or nutritive substance on any premises in a manner which does not constitute a lure, attraction. or enticement of wildlife on property within the City of Northampton, provided that if such storage is determined to be the source of a wildlife feeding problem, the landowner or person responsible for the premises will be required to take steps to render such storage area inaccessible to wildlife, including the requirement that the equivalent of a WRRC or WPDE be used for such storage, and the area near the storage be kept free from such debris. If any wildlife gains access to a storage area, the condition allowing access must be corrected or the stored material removed within 48 hours.

Violations and penalties. The penalty for violation of this section shall be as provided in Chapter 40, Enforcement, for each offense. Fines are due within 14 days. The fine amount for a first violation may be excused if the cause of the problem is removed or solved by installing a WRRC or WPDE and the responsible party does so within 14 days. Note: Upon approval of this Ordinance, the Mayor shall cause one copy thereof to be mailed to the Director of the Division of Fisheries and Wildlife and one copy to the Director of the Office of Fisheries and Wildlife Law Enforcement.