(A) It shall be unlawful and is hereby declared to be a public nuisance for any person to use, place, set or cause to be set within the city or upon lands owned by the city any traps except cage type live traps approved by Marion Animal Care and Control and used for the control of unrestrained or potentially dangerous animals. This prohibition 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.
(B) It shall be unlawful for a person to use, place, set or cause to be used, placed, or set any leg-hold trap or similar device upon any land or waters in the city.
(C) It shall be unlawful to use poisons, poisoned or stupefying substances in a trap.
(D) It shall be unlawful for a person to remove an animal in the city 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) Traps discovered by the Marion Animal Care and Control Service to have been unlawfully set in the city may be seized and used as prima-facie evidence that a violation has been committed. Upon conviction, said trap(s) shall be forfeited to and disposed of by Marion Animal Care and Control Service.
(Ord. 7-2014, passed 4-1-2014)