(a) Purpose. It is the purpose of this section to prevent the potential harm that may be inflicted upon people, particularly children, and to prevent the maiming, unselective catching, and destruction of wild animals and birds and domestic animals that come in contact with traps.
(b) Definitions. As used in this section, the terms below have the meanings described.
(1) “Trap” means any mechanical device or snare which seeks to hold, capture or kill an animal.
(2) “Trapping” means the setting or laying or otherwise using of a trap.
(3) “Nuisance animal” means a wild animal that is either causing property damage or threatening public health and safety, and does not include domesticated animals.
(c) Trapping Prohibited. No person, firm, corporation or association shall do any trapping anywhere in the Town. Traps discovered by the police which have been unlawfully set in the Town may be seized and used as prima facie evidence that a violation has been committed.
(d) Exceptions.
(1) The provisions of this section do not apply to the use of any trap specifically designed to kill rats, mice, or moles with the consent of the owner or occupant of the real property where the trap is set.
(2) The provisions of this section do not apply to cage-type live traps employed for the control of nuisance animals so long as such traps are approved by the Chief of Police, set with the consent of the real property owner or occupant, and are tended to at least once every twenty-four hours.
(3) The provisions of this section do not apply to WV DNR licensed ADC Agents subject to the following conditions:
A. Any such trapping will only be done at the request of the property owner upon whose land traps will be set;
B. Any such trapping will be for the sole purpose of removing nuisance animals;
C. Prior to setting any such trap, the trapper must provide the Mayor with documentation evidencing that he/she is currently licensed by the WV DNR as an ADC Agent.
D. Any such WV DNR licensed ADC Agent who is retained by a property owner to trap nuisance animals must, within twenty-four hours of setting any such trap, contact the Mayor’s Office and notify him/her as to the name of the property owner, the address of the property upon which trapping will take place, the nuisance animal being trapped, and the type and number of traps being set on said property;
E. Said WV DNR licensed ADC Agent must contact the Mayor’s office within twenty-four hours of removing any such trap and notify him/her of the location from which said trap(s) have been removed.
F. Said WV DNR licensed ADC Agent may only use trapping relocation methods and procedures authorized by the WV DNR.
(e) Penalty. Any person, firm, corporation or association violating any provision of this section shall be fined not less than twenty dollars ($20.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed for each day that a violation continues.