[HISTORY: Adopted by the Town Meeting as indicated in article
histories. Amendments noted where applicable.]
[Adopted 10-17-2016 FATM,
Art. 15]
The intent of this bylaw is to protect the health, safety, and
welfare of the community. It has been established that feeding waterfowl
and other wild animals increases the potential for damage to public
and private land and property. Feeding may elevate the potential for
the spread of diseases in people. Feeding of gulls especially endangers
water quality and drinking water supplies, according to the Massachusetts
Department of Conservation and Recreation, Division of Water Supply
Protection. In addition, it is the intent of this bylaw to protect
the welfare of wild animals and waterfowl as feeding can interrupt
their normal feeding patterns, can cause nutritional problems, threaten
their health and promote the spread of diseases.
As used in this and subsequent sections:
Shall mean Webster Animal Control Officer, Police Officers,
Natural Resources Officers, agents of the Board of Health, Environmental
Police Officers, and other enforcement officers of the Division of
Law Enforcement, and by the Deputy Environmental Police Officers.
Shall mean the act of ground feeding, placing, exposing,
depositing, distributing, or scattering, directly or indirectly, of
any grain, shelled, shucked, or unshucked corn, seeds, wheat, bread
or bakery products, salt, meat or parts, fish or parts, honey, molasses,
or any other feed or nutritive substances, in any manner or form,
so as to constitute for such wildlife a lure, attraction, or enticement
to, on, or over any such areas where such feed items have been placed,
exposed, deposited, distributed, or scattered.
Shall mean any undomesticated and unrestrained animal or
fowl, including but not limited to bears, coyotes, foxes, raccoons,
skunks and other animals or fowl (including gulls and geese) causing
public safety threats or nuisances.
No person shall feed any wildlife on public or private property
within the Town of Webster. Whenever the Webster Animal Control Officer
or any designated enforcement authority becomes aware that wildlife
has been found feeding on any substance, as defined above, and the
landowner or person committing the act has been notified of the occurrence
by any person authorized to enforce this bylaw, and wildlife is thereafter
found feeding on any such substance after any act of the commission
or omission by the landowner or other person, such feeding shall be
prima facie evidence that the feeding was with the knowledge or consent
of the landowner or other person.
A.
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 MGL c. 128, § 1A on
property owned or leased by him, or the feeding of waterfowl or any
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 Section 23 and any rules and regulations
issued under authority thereof; or the feeding by any person or his
agents, invitees or licensees or waterfowl lawfully kept as a pet
by such person.
B.
(Reserved)
C.
Any individual, company or corporation that is duly licensed by the
Commonwealth of Massachusetts or entitled under law to possess wildlife
of any kind.
D.
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).
E.
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.
F.
This section shall not be interpreted so as to prohibit bird feeders.
However, if a bird feeder is determined to be the cause of a public
safety threat or nuisance, the bird feeder(s) and seed debris will
be required to be removed within 48 hours.
G.
This section shall not be interpreted so as to prohibit the feeding
of pets, 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 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.
H.
This section shall not be interpreted so as to prohibit or discourage
the trap-neuter-return program, supported by the MSPCA, in the handling
of feral cats.
I.
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
Town of Webster, 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 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.
Any violation of this bylaw may be enforced by the Animal Control
Officer or any designated enforcement authority through noncriminal
disposition in accordance with the following schedule of fines:
