[Ord. No. 1177, § I, 11-15-2016[1]]
The provisions of this article are in addition to, and not in
lieu of, any other laws protecting animal welfare, including Massachusetts
General Laws. This article shall not be construed to limit any state
or local law or regulations protecting the welfare of animals.
[1]
Editor's Note: This ordinance also repealed former Art. III,
Cruelty to Farm Animals, adopted 3-24-2009 by Ord. No. 1030.
[Ord. No. 1177, § I, 11-15-2016]
The purpose of this article is to prohibit the cruel confinement
of farm animals in a manner that does not allow them to turn around
freely, lie down, stand up, and fully extend their limbs.
[Ord. No. 1177, § I, 11-15-2016]
For the purposes of this article, the following terms have the
following meanings:
Any calf of the bovine species kept for the purpose of producing
the food product described as veal.
Any pig during pregnancy, calf raised for veal, or egg-laying
hen who is kept on a farm.
Any female domesticated chicken, turkey, duck, goose, or
guinea fowl kept for the purpose of egg production.
Any cage, crate, or other structure (including what is commonly
described as a "gestation crate" for pigs; a "veal crate" for calves;
or a "battery cage" for egg-laying hens).
The land, building, support facilities, and other equipment
that are wholly or partially used for the commercial production of
animals or animal products used for food or fiber, and does not include
live animal markets.
Fully extending all limbs without touching the side of an
enclosure, including, in the case or egg-laying hens, fully spreading
both wings without touching the side of an enclosure or other egg-laying
hens.
The violation of this article upon any given animal per day,
wherein if the same act is performed on another animal even during
the same day, it shall constitute another violation.
Any individual, firm, partnership, joint venture, association,
limited liability company, corporation, estate, trust, receiver, or
syndicate.
Any pregnant pig of the porcine species kept for the primary
purpose of breeding.
Turning in a complete circle without any impediment, including
a tether, and without touching the side of an enclosure.
[Ord. No. 1177, § I, 11-15-2016]
In addition to other applicable provisions of federal, state
and local law, a person shall not tether or confine any covered animal
on a farm for all or a majority of any day in a manner that prevents
such animal from:
[Ord. No. 1177, § I, 11-15-2016]
(a)
During scientific or agricultural research.
(b)
During examination, testing, individual treatment or operation
for veterinary purposes.
(c)
During transportation.
(d)
During rodeo exhibitions, state or county fair exhibitions,
4-H programs, and similar exhibitions.
(e)
During the slaughter of a covered animal in accordance with
the provisions of any state relating to humane methods of slaughter,
including, but not limited to, MGL c. 94, § 139D, and other
applicable law and regulations.
(f)
A pig during the seven-day period prior to the pig's expected
date of giving birth.
[Ord. No. 1177, § I, 11-15-2016]
Any person who violates any of the provisions of this section
shall be punished by a fine not to exceed $300 per instance of violation.
Any police officer, local animal officer, or any local official who
is officially charged in whole or in part with the welfare of animals
or the supervision of livestock or agriculture may impose this fine
which shall be owed to the City of Pittsfield. No person shall in
any way impede any such authorized person from examining his or her
livestock to determine if there has been a violation of this article.
[Ord. No. 1177, § I, 11-15-2016]
If any provision of this article, or the application thereof
to any person or circumstances is held invalid or unconstitutional,
that invalidity or unconstitutionality shall not affect other provisions
or applications of this article that can be given effect without the
invalid or unconstitutional provision or application, and to this
end the provisions of this article are severable. If the fine is determined
to be unlawful, the fine shall be the maximum that a municipality
may impose under law.
