[HISTORY: Adopted by the Town of Ashland 10-17-2001 ATM by Art. 9. Amendments noted where applicable.]
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 of the Commonwealth, shall feed or bait any mammalian wildlife of the Order Mammalia (including, but not limited to, coyote, fox and deer) at any place within the town of Ashland. As used in this section, "feeding" and "baiting" shall mean the placing, exposing, depositing, distributing, or scattering of feed or nutritive substances, in any manner or form, so as to constitute for such mammals 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 Fisheries and Wildlife, by a farmer as defined in § 1A of Chapter 128 (MGL) on property owned or leased by him, or the feeding of waterfowl or other birds by propagators licensed under § 23 of Chapter 131 (MGL) 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 such person; or the feeding by any person of wild birds by use of a "backyard birdfeeder."
Notwithstanding the above, the Director of the Division of Fisheries and Wildlife or his agent or designee may authorize emergency feeding of waterfowl and other birds when, in his opinion, such action is necessary 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 Board of Selectmen by first class mail.
Criminal Disposition. Any violation of this chapter shall be punished by a fine of not more than fifty dollars ($50.00) for each offense.
Non-criminal Disposition. Violations of this chapter may be processed pursuant to § 21D of Chapter 40 (MGL). Fines for violations shall be assessed as follows:
Each day or part thereof of a violation of any provision of this chapter, whether such violation is continuous or intermittent, shall constitute a separate and succeeding offense.
Enforcement of this chapter under the Non-criminal Disposition process shall be carried out by the Animal Control Officer, a member of the Board of Health or its agent when either is so designated by the Board, any person having police powers, or other person so designated by the Town Manager.