§ 94.19 TRAPS AS A NUISANCE OR ASSISTANCE.
   (A)   A hunting or trapping license or nuisance wild animal control permit is required to take wild animals on land that a person does not own or rent. Within 24 hours of capture, the person who takes the animal must release it or euthanize it. Animals that are released must be released on land in the county where it was captured. Furthermore, the landowner or property manager must give permission for the release. These nuisance animals cannot be possessed for more than 24 hours and cannot be sold, traded, bartered, or gifted.
   (B)   Trapping as a nuisance permit shall not apply to any trap specifically designed to kill rats, mice, gophers, or moles so long as the owner of the property is aware of the location where the trap(s) are set and monitors said trap(s) at least once every 24 hours.
   (C)   It shall be unlawful to use poisons or use poisoning or stupefying substances in a trap.
   (D)   It shall be unlawful for a person to remove an animal from any trap not on the person’s property, unless such person has the express permission of the property’s owner to do so.
   (E)   (1)   Traps discovered by Marion Animal Care and Control to be unlawful shall be seized and used as prima facie evidence that a violation has been committed.
      (2)   Upon conviction, said trap(s) shall be forfeited and disposed of by Marion Animal Care and Control.
(Ord. 25-2021, passed 12-28-2021) Penalty, see § 94.99