No Person shall do any trapping anywhere in the City, provided, however, that the Animal Control Officer may, by duly issued permit, approve the use of traps and methods in certain limited circumstances and for a limited amount of time, when another method is shown to be Humane and necessary to protect health, safety and welfare of the public.

A permit may be issued for the use of traps upon application showing that another method is both Humane and necessary to protect the health, safety and welfare of the public and demonstrating the following:

(a)   The Animal or species of Animal poses a specific and imminent threat to the public or Property and there is reason to believe that there are no other means to remove the Animal or species.

(b)   The proposed trapping will comply with Kansas law.

(c)   The proposed trapper, except by means of cage-type live trap, has a valid Nuisance Wildlife Control Permit issued by the State of Kansas.

(d)   The proposed trapping will be targeted to the specific Animal or Animal species and will be restricted to areas shown on a map provided to the City prior to approval and will be limited to Property owned by the those providing consent to such trapping.

(e)   The number and type of trapping devices must be specifically identified and provided to the City prior to approval.

(f)   The exact proposed time frame for the trapping shall be stated and shall not exceed thirty (30) days.

(g)   The trapping devices shall be designed to be as non-lethal as practicable yet still remain effective in capturing the targeted Animal or species. In no circumstances may body gripping or steel jaw leg-hold traps be used.

(h)   The application for permit shall state the proposed disposition of the trapped Animals. If it is proposed that the Animal shall be euthanized, the method of euthanization shall be stated.

(i)    The application shall state the proposed disposition of the Animal once captured. The perimeter of the trapping area shall be posted at reasonable intervals with notice of the trapping operation.

(j)    The notice shall be posted seven (7) days in advance of the commencement of the operation and shall contain the name and telephone number of the trapper.

The Governing Body may allow an authorized trapper to provide trapping on lands owned by the City.

All traps shall be clearly marked with the Owner’s name, address and telephone number of the Owner of the trap or the trap shall be confiscated by the Police Department and destroyed if not claimed within twenty-four (24) hours.

All traps will be kept in good and working order and will be checked every twelve hours while set to ensure that no Animal is unreasonably suffering and to remove and properly dispose of the Animal.

This Section does not apply to the use of traps specifically designed to kill rats, mice, gophers, or moles when used on Property in which the Owner or occupant has provided their consent.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

No person shall interfere with the Animal Control Officer in relation to the trapping of Animals within the City. No person shall move or alter a trap set by the Animal Control Officer or release or dispose of an animal from a trap set by the Animal Control Officer.

(Ord. 5038-21)

Any Person who shall be convicted of violating any provisions of this Article shall be deemed guilty of a Class “B” violation and shall be punished by a fine as hereinafter provided or by confinement in the county jail for a period not exceeding one hundred eighty (180) days or by both such fine and confinement. Each day that a violation of this Article occurs shall constitute a separate offense and shall be punishable hereunder as a separate violation. The fine prescribed above for the first conviction for a violation of a provision of this Article shall be an amount not less than $100 nor more than $200; and for the second conviction for a violation of the same provision shall be an amount not less than $200 nor more than $500; and for the third or any subsequent conviction for a violation of the same provision shall be an amount not less than $500 nor more than $1,000.  For the purposes of this subsection, prior convictions shall include any past conviction of the same offense with a conviction date that is within five (5) years prior to the offense date of the offense prosecuted as a second, third or subsequent offense.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)