BYLAW AMENDMENT / PROHIBITION OF FAIR-TRADE RESTRICTIONS - FUR PRODUCTS SALES

To see if the Town will vote to amend Title I of the Town Bylaws to add a new provision to restrict the trade/sale in/of new fur products by making it unlawful to sell, offer for sale, trade or otherwise distribute for monetary or nonmonetary consideration a fur product; or take any action related thereto.

Inserted at the request of Elizabeth Dray and ten registered voters

Voted (5-0). The Board heard from the amendment proponent as well as the public. Mr. Hurd inquired as to the exclusion of second-hand fur sales from the bylaw amendment, to which the proponent responded that passage of the bylaw warranted its omission because second-hand fur has already been through economic circulation. The Board agreed with the proponent’s desire to amend the penalty fee from $100 to $300 in Section 5. Mr. DeCourcey inquired about the status of state law restricting the sale of new fur products, observing that this amendment signals to the Legislature that a similar state law may be well timed. Further, the Board agreed with the proponent that favorable action on the amendment would not result in any adverse economic impact in the Town, because no retail stores currently sell new fur.  The Board also agreed with the proponent’s suggested additions regarding the proposed bylaw’s purpose as set forth in Section 1 and those changes are reflected in the draft language included above. Ms. Mahon moved for favorable action with the amendments to sections 1 and 5 included, and the Board voted unanimously in support of this bylaw amendment.

That the Town does and hereby amends Title I of the Town’s Bylaws to add a new provision to restrict the trade in and sale of new fur products by making it unlawful to sell, offer for sale, trade or otherwise distribute for monetary or nonmonetary consideration of a fur product; or take any action related thereto, so that the new provision of Title I reads as follows:

TITLE I

ARTICLE 24

FUR PRODUCTS

Section 1. Purpose and Intent

The Town of Arlington (“Town”) finds that animals that are slaughtered for their fur endure tremendous suffering. Animals raised on fur farms typically spend their entire lives in cramped and filthy cages. Fur farmers typically use the cheapest killing methods available, including suffocation, electrocution, gas, and poison. Considering the wide array of alternatives for fashion and apparel, the Town finds that the demand for fur products does not justify the unnecessary killing and cruel treatment of animals.

Further, fur farms are reservoirs and transmission vectors for dangerous zoonotic diseases, including SARS coronaviruses, that threaten public health, including in the Town of Arlington. 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 Arlington will decrease the demand for these cruel and environmentally harmful products and promote community health and wellbeing as well as animal welfare.  The Town believes that eliminating the sale of fur products in the Town of Arlington will promote community awareness of animal welfare and, in turn, will foster a more humane environment in Arlington.

Section 2. Definitions

For purposes of this Article, the following words and phrases have the definitions set forth next to them:

A.    “Fur”: Any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state.

B.     “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:

i.        A dog or cat fur product, as defined in Section 1308 of Title 19 of the United States Code;

ii.      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;

iii.    Cowhide with the hair attached thereto;

iv.    Lambskin or sheepskin with the fleece attached thereto; or

v.      The pelt or skin of any animal that is preserved through taxidermy or for the purpose of taxidermy.

vi.    “Non-profit organization”: Any corporation that is organized under 26 U.S.C. Section 501(c)(3) that is created for charitable, religious, philanthropic, educational, or similar purposes.

C.     “Retail transaction”: Any transfer of title of a fur product for consideration, made in the ordinary course of the seller’s business, to the purchaser for use other than resale or further processing or manufacturing.

D.    “Taxidermy”: The practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting it in lifelike form.

E.     “Ultimate consumer”: A person who buys for their own use, or for the use of another, but not for resale or trade.

F.      “Used fur product”: Fur in any form that has been worn or used by an ultimate consumer.

Section 3. Prohibitions

It is unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product in the Town of Arlington.

Section 4. Exceptions

The prohibitions set forth in Section 3 of this Bylaw do not apply to the sale, offer for sale, displaying for sale, trade, or distribution of:

A.    A used fur product by a private party (excluding a retail transaction), non-profit organization or second-hand store, including a pawn shop;

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 5. Penalty

In addition to any other remedy provided by law, this Article may be enforced by police officers and animal control officers through any means available in law or equity, including but not limited to noncriminal disposition in accordance with G.L. c. 40, § 21D. Any person violating this Bylaw 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.

Section 6. Effective Date

This Bylaw shall take effect on October 1, 2024.

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