[HISTORY: Adopted by the Annual Town Meeting
of the Town of Yarmouth 4-15-1987 by Art. 39. Amendments noted where applicable.]
A.
No person, except the Director of the Division of
Fisheries and Wildlife or his agents as authorized pursuant to Chapter
131 of the Massachusetts General Laws, shall feed or bait, or attempt
to feed or bait, any waterfowl of the family Anatidae (including,
but not restricted to, ducks, geese and swans) or any gulls, at any
place or location within the Town of Yarmouth.
B.
FEEDING and BAITING
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
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.
C.
Nothing in this chapter 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 Section 1A of
Chapter 128 of the Massachusetts General Laws on property owned or
leased by him or the feeding of any waterfowl or other birds by propagators
licensed under Section 23 of Chapter 131 of the Massachusetts General
Laws when such waterfowl or other birds are confined in such a manner
as may be required pursuant to said Section 23 and any rules and regulations
issued under authority thereof.
D.
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 Selectmen thereof
by first class mail.
Any person who violates any provision of this
chapter may be subject to a fine of $25 for each offense thereof.
This chapter may be enforced by police officers,
shellfish officers, the Harbormaster, Assistant Harbormasters, agents
of the Board of Health, environmental officers and other enforcement
officers of the Division of Law Enforcement and by Deputy Environmental
Police Officers.
