[Adopted 10-17-2016 FATM,
Art. 15]
The intent of this bylaw is to protect the health, safety, and
welfare of the community. It has been established that feeding waterfowl
and other wild animals increases the potential for damage to public
and private land and property. Feeding may elevate the potential for
the spread of diseases in people. Feeding of gulls especially endangers
water quality and drinking water supplies, according to the Massachusetts
Department of Conservation and Recreation, Division of Water Supply
Protection. In addition, it is the intent of this bylaw to protect
the welfare of wild animals and waterfowl as feeding can interrupt
their normal feeding patterns, can cause nutritional problems, threaten
their health and promote the spread of diseases.
As used in this and subsequent sections:
DESIGNATED ENFORCEMENT AUTHORITY
Shall mean Webster Animal Control Officer, Police Officers,
Natural Resources Officers, agents of the Board of Health, Environmental
Police Officers, and other enforcement officers of the Division of
Law Enforcement, and by the Deputy Environmental Police Officers.
FEEDING
Shall mean the act of ground feeding, placing, exposing,
depositing, distributing, or scattering, directly or indirectly, of
any grain, shelled, shucked, or unshucked corn, seeds, wheat, bread
or bakery products, salt, meat or parts, fish or parts, honey, molasses,
or any other feed or nutritive substances, in any manner or form,
so as to constitute for such wildlife a lure, attraction, or enticement
to, on, or over any such areas where such feed items have been placed,
exposed, deposited, distributed, or scattered.
WILDLIFE
Shall mean any undomesticated and unrestrained animal or
fowl, including but not limited to bears, coyotes, foxes, raccoons,
skunks and other animals or fowl (including gulls and geese) causing
public safety threats or nuisances.
No person shall feed any wildlife on public or private property
within the Town of Webster. Whenever the Webster Animal Control Officer
or any designated enforcement authority becomes aware that wildlife
has been found feeding on any substance, as defined above, and the
landowner or person committing the act has been notified of the occurrence
by any person authorized to enforce this bylaw, and wildlife is thereafter
found feeding on any such substance after any act of the commission
or omission by the landowner or other person, such feeding shall be
prima facie evidence that the feeding was with the knowledge or consent
of the landowner or other person.
Any violation of this bylaw may be enforced by the Animal Control
Officer or any designated enforcement authority through noncriminal
disposition in accordance with the following schedule of fines:
B. Second offense: $50 fine.
C. Third offense: $100 fine.
D. Fourth and subsequent offense: $150 fine.