Chapter 6.24 — ANIMAL POISONING AND TRAPPING

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Trap means and includes any device which is a steel-jawed, leg-hold, conibear, snare, dead-fall, cage or any other device designated to confine, hold, grasp, clamp or crush animals.

(Prior Code, § 10.80.010; Code 1990, § 12.28.010)

No person shall use or attempt to use poison on any animal, or use or set any trap to confine, hold, grasp, clamp or crush any animal located within the boundaries described in Section 6.24.050 located in the Town.

(Prior Code, § 10.80.020; Code 1990, § 12.28.020)

(a)

The following persons and entities shall be exempt from the provisions of this chapter:

(1)

Any owner or lessee or renter of real property or the agent of such owner or lessee or renter may poison or trap mice, rats, rodents and other vermin of less than five pounds live body weight;

(2)

Any officer, employee or agent of the State Department of Fish and Wildlife acting in an official capacity;

(3)

Any officer, employee or agent of the United States Forest Service acting in an official capacity;

(4)

Any officer, employee or agent of the Valentine Eastern Sierra Reserve acting in an official capacity within the boundaries of the Valentine Eastern Sierra Reserve;

(5)

Any officer, employee or agent or person acting with permission of the animal control department of the Town acting in an official capacity.

(b)

All entities, officers, agents, employees and other persons listed under Subsections (a)(2), (3), and (5) of this section shall use live non-injurious trapping methods only, unless given the prior written consent of the Town Manager.

(Prior Code, § 10.80.030; Code 1990, § 12.28.030)

(a)

Any person who violates any of the provisions of this chapter shall be guilty of an infraction. Each such person shall be guilty of a separate offense for each day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted by such person, and may be punished accordingly.

(b)

Any provision or requirement of this chapter, the violation of which or the failure to comply with which, is designated as an infraction, shall be prosecutable as a misdemeanor upon the third violation and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the Town Attorney or any deputy district attorney, upon a showing by the enforcing agency of the seriousness of the particular alleged violation.

(Prior Code, § 10.80.040; Code 1990, § 12.28.040)

(Prior Code, § 10.80.050; Code 1990, § 12.28.050)