HOUSE DOCKET, NO. 1480        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 636

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Gailanne M. Cariddi

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the feeding of wildlife.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Gailanne M. Cariddi

1st Berkshire

1/15/2015

Benjamin B. Downing

Berkshire, Hampshire, Franklin and Hampden

1/29/2015


HOUSE DOCKET, NO. 1480        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 636

By Ms. Cariddi of North Adams, a petition (accompanied by bill, House, No. 636) of Gailanne M. Cariddi and Benjamin B. Downing relative to the feeding of wildlife.  Environment, Natural Resources and Agriculture.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4003 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act relative to the feeding of wildlife.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 131 of the General Laws is hereby amended by inserting after section 25C the following section:-

Section 25D.  The director, with the approval of the fisheries and wildlife board,     shall adopt regulations in accordance with the provisions of chapter 30A, relating to the direct or indirect feeding of birds and mammals, excluding feral cats, on land as he shall  consider is necessary and  proper. 

A person who violates a regulation adopted under this section, shall for the first offense  receive a  written warning of such violation by the director or an environmental police officer.  Whenever such  person has been so notified of said first offense and commits a subsequent offense, it shall be prima facie evidence that the offense was done with the knowledge and consent of such person, who shall be punished by a non-criminal penalty as provided  under section 10H of chapter 21A .

This section shall not apply to the feeding of birds or mammals on land by an owner or tenant of such land or, by a person who has the permission of an owner or tenant of such land to feed birds or mammals.

        SECTION 2. Section 10H of chapter 21A of the General Laws, as appearing in the 2012 Official Edition,  is hereby amended by inserting , after the  eleventh paragraph, the following paragraph:-

A person who is notified to appear before the clerk of a district court as provided in said section 10G for a second violation of section 25D of chapter 131 may so appear and pay a civil penalty  of $50.  A person notified to so appear as provided in said section 10G for a third or subsequent violation of section 25D of chapter 131 of the General Laws may so appear and pay a civil penalty  of $100.