[HISTORY: Adopted by the Town of Barnstable Board of Health 1-20-1987,
effective 1-26-1987 (Part XIII of the 1991 Codification as updated through 6-1-1996).
Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 24.
— See Ch. .
The purpose of this regulation is the protection of water quality for
shellfishing, public swimming and recreational uses from pollution caused
by unnatural harborage of waterfowl, due to feeding and baiting by the public.
A.
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, shall feed or bait, any waterfowl of the family Anatidae
(including but not restricted to ducks, geese and swans) at any place within
the Town of Barnstable.
B.
FEEDING AND BAITING
As used in this section, the following terms shall have the meanings
indicated:
The placing, exposing, depositing, distributing, or
scattering, directly or indirectly, of shelled, 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, as defined by the Division of Marine Fisheries and Wildlife, by a farmer as defined in § 1A of Chapter 128 on property owned or leased by him, or the feeding of waterfowl or other birds by propagators licensed under § 23 of Chapter 131 of the General Laws when such waterfowl or other birds are confined in such a manner as may be required pursuant to said § 23 and rules and regulations issued under authority thereof; or the feeding by any person or his agents, or licensees of waterfowl lawfully kept as a pet by that person.
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 and other birds 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. 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 Selectmen thereof by first-class
mail.
Any person who violates any provision of this regulation shall be subject
to a ticketed fine of $25 for each offense thereof.
This regulation may be enforced by police officers, Natural Resource
Officers, Shellfish Constables, agents of the Board of Health, Environmental
Police Officers, and other enforcement officers of the Division of Law Enforcement
and by Deputy Environmental Police Officers.
