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HOUSE DOCKET, NO.                 FILED ON: 3/18/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4003

 

 

The Commonwealth of Massachusetts

 

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In the Year Two Thousand Fourteen

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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.

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