[Adopted by Order No. 94-039 (Ch. 18.12 of the 1993 Code)]
No person, except the Director of the Division of Fisheries
and Wildlife or his agents 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 City
of Quincy, where it is so posted. As used in this section, "feeding"
and "baiting," in all their moods and tenses, shall mean 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.
Notwithstanding any of the above, the Director of the Division
of Fisheries and Wildlife 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 proclamation, publication, or such other
means as he deems necessary and expedient, but such means shall include
the immediate notification of the City Clerk thereof by first-class
mail.
Any person who violates any provision of this article may be
subject to a fine of $50 for each offense thereof.
The article may be enforced by police officers, shellfish officers,
harbor masters, assistant harbor masters, agents of the Health Commissioner,
environmental police officers and other enforcement officers of the
Division of Law Enforcement, and by deputy environmental police officers.
Upon approval of the ordinance codified in this article the
City Clerk shall cause one copy thereof to be sent to the Director
of the Division of Fisheries and Wildlife and one copy to the Director
of the Division of Law Enforcement.
