[HISTORY: Adopted by the Town of Dennis 12-9-1986 Special Town
Meeting, Art. 5. Amendments noted where applicable.]
A.
No person, except the Director of the Division of
Fisheries and Wildlife or his agent or designee, as authorized pursuant
to MGL C. 131, 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 Dennis.
B.
As used in this paragraph, "feeding" and "baiting"
shall mean 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 bylaw 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 MGL C.
128, § 1A, on property owned or leased by him or the feeding
of waterfowl or 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 § 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 that person.
[Amended 10-3-2020 STM by Art. 12]
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 Select Board Members thereof
by first-class mail.
Any person who violates any provision of this
bylaw shall be subject to a fine of fifty dollars ($50.) for each
offense thereof.
This bylaw may be enforced by police officers,
Natural Resource Officers, Shellfish Constables, Harbormasters, Assistant
Harbormasters, 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.
[Amended 10-3-2020 STM by Art. 12]
Upon approval of this bylaw, the Select Board
Members shall cause one (1) copy thereof to be mailed to the Director
of the Division of Fisheries and Wildlife and one (1) copy to the
Director of the Division of Law Enforcement.
