To protect the health and welfare of the inhabitants of this Town, this by-law will restrict trade in fur products.
[Adopted by the Town Meeting of the Town of Brookline 11-16-2021 STM by Art. 28. Amendments noted where applicable.]
For purposes of this chapter, the following words and phrases have the definitions set forth next to them:
Any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state.
Any article of clothing or covering for any part of the body or any fashion accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, key chains, toys or trinkets, and home accessories and decor, that is made in whole or part of fur. "Fur product" does not include any of the following:
An animal skin or part thereof that is to be converted into leather, or which in processing will have the hair, fleece, or fur fiber completely removed;
Cowhide with the hair attached thereto;
Lambskin or sheepskin with the fleece attached thereto; or
The pelt or skin of any animal that is preserved through taxidermy or for the purpose of taxidermy.
The practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting it in lifelike form.
An individual who buys for their own use, or for the use of another, but not for resale or trade.
A fur product that has been worn or used by an ultimate consumer.
Notwithstanding any other provision of the by-laws, no person shall sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product in the Town of Brookline. For purposes of this section, the sale of a fur product shall be deemed to occur in the Town of Brookline if the seller is located in the Town.
The prohibitions set forth in Section 8.40.3 of this chapter do not apply to the sale, offer for sale, displaying for sale, trade, or distribution of:
A.
A used fur product;
B.
A fur product required or traditionally used in connection with a religion;
C.
A fur product used for traditional tribal, cultural, or spiritual purposes by a member of a federally recognized or state recognized Native American tribe; or
D.
A fur product where the activity is expressly authorized by federal or state law.
Any person violating this by-law shall be liable to the Town in the amount of $300. Each fur product and every day upon which any such violation shall occur shall constitute a separate offense.
If any section, subsection, paragraph, sentence, clause or phrase of this by-law shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this by-law, which shall continue in full force and effect, and to this end the provisions of this by-law are hereby declared to be severable.
This bylaw shall become effective upon satisfaction of the requirements for Attorney General approval and for posting or publication provided in MGL c. 40, § 32, and no earlier than April 1, 2022.