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(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)
Any person who shall become apprised of the death of any animal owned by that person shall, within 12 hours thereafter, cause the same to be removed from the premises and taken to Marion Animal Care and Control Service, veterinarian or cemetery for disposal.
(Ord. 7-2014, passed 4-1-2014)
(A) It shall be unlawful for a person to make use of a canine in the commission or furtherance of any criminal act in the city.
(B) A person who violates this section shall be punishable by a fine imposed for any such violation shall not exceed $200. Further, upon a finding of violation, the court upon request shall order the canine forfeited and/or destroyed.
(Ord. 7-2014, passed 4-1-2014)
BREEDING PERMIT
No individual shall be a breeder without obtaining a permit. A breeding permit must be applied for through Marion Animal Care and Control, at a cost of $50 per year, per animal, if:
(A) Any individual who intentionally or unintentionally causes or allows the breeding of a feline or canine, or makes a feline or canine available for breeding purposes; or
(B) Any person or retailer who offers for sale, sells, trades, receives for any compensation or gives away any litter of canines or felines.
(Ord. 7-2014, passed 4-1-2014)
Upon obtaining a breeding permit the persons shall:
(A) Not offer for sale, trade, or receive any compensation or give away more than one litter of canines or one litter of felines in a 12 month period, per female.
(B) Keep records as to the birth of each litter and notify Marion Animal Care and Control within ten days of a litter's birth.
(C) Not offer a puppy or kitten under the age of eight weeks of age for sale, trade, or free.
(D) Not house more than four canines or felines over the age of six months.
(E) Show rabies vaccination for any canines or felines that are being bred upon completion of breeding permit application or renewal.
(F) Keep a record of all births sales, information on each buyer, and proof that each animal was legally bred and sold or given away.
(G) Be limited to only one litter every 12 months per female, with a maximum of three females.
(Ord. 7-2014, passed 4-1-2014)
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