Pinole Municipal Code Ch. 8.28 Prohibiting the Use of Body-Gripping Devices

It is the intent of the City Council to protect public health and safety by prohibiting the use of body-gripping devices that may cause human injury. This chapter is necessary to prevent physical injury to children and adults who come into contact with these devices, as well as to prevent the emotional pain and suffering caused by observing companion animals caught in these devices and thereby subjected to prolonged suffering, injury and death. (Ord. 01-105 § 1(part), 2000).

As used in this chapter, the following definitions shall apply:

A. BODY-GRIPPING DEVICE. Includes, but is not limited to, any snare (neck, body, or leg), kill-type trap (Conibear), leghold trap (steel-jaw, padded, and offset), and any other device designed to grip a body or body part that could potentially injure or kill human beings or companion animals. Cage and box traps, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping devices.

B. PERSON. Any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate or any other legal entity. (Ord. 01-105 § 1(part), 2000).

A. It shall be unlawful for any person to set or use, or attempt to set or use, a bodygripping device as defined in this chapter within city limits in any location where a human being or companion animal may become caught in, injured by, or killed by such body-gripping device.

B. It shall be unlawful for the owner, possessor, or any other person in control of a lot, tract, or parcel of land within city limits or any residence or business premises situated thereon to knowingly permit the use of a body-gripping device as defined in this chapter upon his or her property, residence or premises in any location where a human being or companion animal may become caught in, injured by, or killed by such body-gripping device. (Ord. 01-105 § 1(part), 2000).

A. The provisions of this chapter shall not prohibit federal, state, county, or municipal government employees or their duly authorized agents from using a Conibear trap in water, padded-jaw leghold trap, or nonstrangling type foot snare where use of such device is the only method available to protect human health and safety.

B. The provisions of this chapter shall not prohibit federal or state employees or their duly authorized agents from using a Conibear trap in water, padded-jaw leghold trap, or nonstrangling type foot snare where use of such device is the only means of protecting threatened and endangered species, as listed under the federal and state Endangered Species Act. (Ord. 01-105 § 1(part), 2000).

Whenever a body-gripping device is used contrary to the prohibitions outlined in this chapter within the confines of the city, the same may be impounded by any duly authorized police officer or by any state fish and game warden until judicial action occurs. (Ord. 01-105 § 1(part), 2000).

Any person who shall do any act prohibited by this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. (Ord. 01-105 § 1(part), 2000).