TOWN OF MASHPEE, MASSACHUSETTS
An Ordinance Amending Chapter 126 of the General Bylaws of the Town of Mashpee – Trade In Fur Products
Chapter 126 of the General Bylaws of the Town of Mashpee is hereby amended by adding a new Article II as follows:
Article II. Trade in Fur Products.
Section 126-9. Purpose.
To protect the health and welfare of the inhabitants of this Town, this Article will restrict trade in fur products while protecting tribal sovereignty by including an exemption for products used for traditional tribal, cultural, or spiritual purposes.
Fur farms are reservoirs and transmission vectors for dangerous zoonotic diseases, including SARS coronaviruses, that threaten public health, including in the Town of Mashpee. In addition, the fur production process is energy intensive and has a significant environmental impact, including air and water pollution, and animals that are slaughtered for their fur endure tremendous suffering.
Eliminating the sale of fur products in the Town of Mashpee will decrease the demand for these cruel and environmentally harmful products and promote community health and wellbeing as well as animal welfare, and, in turn, will foster a more humane environment in the Town and enhance the reputation of the Town.
Section 126-10. Definitions.
The following words as used in this Article shall have the following meanings:
Fur - Any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state.
Fur product – 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, keychains, toys or trinkets, and home accessories and décor, that is made in whole or part of fur. “Fur product” does not include any of the following:
A. 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;
B. Fur, wool, or other fibers sourced exclusively from any member of the family Bovidae, Camelidae, Equidae, Suidae, or Cervidae; or
C. The pelt or skin of any animal that is preserved through taxidermy or for the purpose of taxidermy.
Person – Any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.
Taxidermy – The practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting it in lifelike form.
Ultimate consumer – An individual who buys a fur product for their own use, or for the use of another, but not for resale or trade.
Used fur product – A fur product that has been worn or used by an ultimate consumer.
Section 126-11. Prohibitions.
Notwithstanding any other provision of law, 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 Mashpee. For purposes of this Article, the sale of a fur product shall be deemed to occur in the Town of Mashpee if:
A. The buyer takes physical possession of the fur product in the Town; or
B. The seller is located in the Town.
Section 126-12. Exemptions.
This Article shall not apply to the sale, offer for sale, display for sale, trade, or distribution of:
A. A used fur product;
B. A fur product required for use in the practice of 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.
Section 126-13. Enforcement.
The provisions of this Article shall be enforced by the Mashpee Police Department or any other authorized law enforcement office.
Section 126-14. Penalty.
Whoever violates this Article shall be punished by a fine of $300. Each fur product and every day upon which any such violation shall occur shall constitute a separate offense. The provisions of this Article may also be enforced by noncriminal disposition as provided in MGL c. 40, § 21D.
Section 126-15. Severability.
If any provision of this Article shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this ordinance, which shall remain in full force and effect.
Section 126-16. Effective Date.
This Article shall become effective upon satisfaction of the requirements for Attorney General approval and for posting or publication provided in M.G.L. c.40, § 32, and no earlier than 6 months after passage.