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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. ~ ยง 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~ (~ /[