HomeMy WebLinkAbout2611 Prohibit Hunting in City LimitsOrainance No. t/
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER
9.02, CRIMINAL CODE, OF THE PORT TOWNSEND MUNICIPAL CODE,
CREATING A NEW SECTION 9.02.470 TO PROHIBIT HUNTING AND
ESTABLISHING A PENALTY
WltEREAS, prior to the enactment of this ordinance, Port Townsend has not prohibited
hunting and trapping wildlife within Port Townsend's municipal boundaries. As provided in Title
77 RCW, Washington's wildlife resources are a public responsibility. Washington law establishes
a governmental and public interest in the preservation, protection, and perpetuation of all wildlife
species; and
WHEREAS, while Port Townsend is the home for numerous wildlife species, Port
Townsend is also an urban community, with residents having an expectation of safety from the
discharge of firearms within city limits. Since 1976, the Port Townsend Municipal Code has
prohibited the discharge of firearms within the city (PTMC 9.04.040). Similarly, in an urban
area, it is not appropriate to risk the safety of domestic pets and children who may encounter traps
for wildlife capture, and suffer injury and potential death from such traps; and
WHEREAS, the Council finds that concerns for public safety mandate that hunting and
trapping wildlife be prohibited within the city, except for hunting done by police and wildlife
agencies; and
WHEREAS, wildlife control and management may from time-to-time be necessary to
address wildlife population problems, disease, hazards to pets, and similar public health, safety
and welfare concerns. However, the Council finds that wildlife control and management is not
the appropriate role of citizens. In managing and controlling wildlife, the City relies on the
Washington Department of Wildlife, acting in accordance with good management practices
pursuant to Washington law. Further, from time-to-time, the Port Townsend Police Department
and/or the Jefferson County Animal Services or other agencies may need to capture or hunt
wildlife to protect public safety and welfare,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
SECTION 1. A new Section 9.02.470, Hunting, of Chapter 9.02, CRIMINAL CODE,
of the Port Townsend Municipal Code is hereby adopted to read as follows:
9.02.470 ]5~mtJx~
A. It is unlawful to hunt, trap or capture, or attempt to hunt, trap or captur~ any
animal or bird within the city; provided, that this section shall not ar>ply to law enforcement
officers, or game department _rersonnel while engaged in the performance of their official duties;
provided further, that this section shall not apply to the hunting, trapping or capturing of rats,
mice, moles, or similar vermin.
B. Any person convicted of a violation of this section shall be guilty of a gross
misdemeanor, punishable by a fine of not less then $250.00 and not more than $1,000.00, or by
imprisonment of not more than 364 days, or by both the fine and imprisonment.
(Ord. ~ § 1, 1997.)
SECTION 2. Severability. If any clause, sentence, paragraph, section or part of this
Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional
by a court of competent jurisdiction, such order or judgment shall not affect the validity or
constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of
each clause, sentence, paragraph, section or part of this law are declared severable.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 3rd day of November, 1997.
AtteSt:
Pam Kolacy, City Clerk
10/29/97 [Ch. 9.02] Ord\{ClL002470.doc}
Mayor
Approved as to Form:
)tl~y ~ City Attorney
2 Ord. c~ (~ /[