[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Editor's Note: This ordinance also repealed former Art.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:
CALF RAISED FOR VEAL
Any calf of the bovine species kept for the purpose of producing the food product described as veal.
COVERED ANIMAL
Any pig during pregnancy, calf raised for veal, or egg-laying hen who is kept on a farm.
EGG-LAYING HEN
Any female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of egg production.
ENCLOSURE
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).
FARM
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 HIS OR HER LIMBS
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.
PER INSTANCE OF VIOLATION
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.
PERSON
Any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.
PIG DURING PREGNANCY
Any pregnant pig of the porcine species kept for the primary purpose of breeding.
TURNING AROUND FREELY
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:
(a) 
Lying down, standing up, and fully extending his or her limbs; and
(b) 
Turning around freely.
[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.