(a) As used in this section, "hunting" means pursuing, shooting, killing, following after or on the trail of, lying in wait for, shooting at, or wounding birds or other animals while employing any device commonly used to kill or wound birds or other animals, whether such acts result in such killing or wounding or not. "Hunting" includes every attempt to kill or wound and every act of assistance to any other person in killing or wounding or attempting to kill or wound birds or other animals. Killing or wounding, or attempting to kill or wound, a bird or other animal in self-defense where such bird or other animal is attempting to or is likely to injure the person who kills or wounds, or who attempts to kill or wound, such bird or other animal shall not constitute the act of hunting. Nor shall the provisions hereof apply to any law enforcement officer or bona fide pest exterminator who, in the scope of his official duties or employment, is required to capture or exterminate any bird or other animal in the interest of the public health, safety and welfare.
(b) "Trapping" means securing or attempting to secure possession of a bird or other animal by means of setting, placing, drawing or using any device that is designed to close upon, hold fast, confine or otherwise capture a bird or other animal whether such means result in such capturing or not. "Trapping" includes every act of assistance to any other person in capturing birds or other animals by means of such device whether such means result in capturing or not. Trapping a bird or other animal in self-defense where such bird or other animal is attempting to or is likely to injure the person who traps, or who attempts to trap, such bird or other animal shall not constitute the act of trapping. The provisions hereof shall not apply to any law enforcement officer or bona fide pest exterminator who, in the scope of his official duties or employment, is required to trap or exterminate any bird or other animal in the interest of the public health, safety and welfare. Nor shall the provisions hereof apply to any person who secures or attempts to secure possession of his own pet, bird or animal, or who employs a standard mouse or rat trap device for the purpose of catching mice, rats, bats or similar vermin infesting the person's habitation or place of business.
(c) (1) Except as otherwise provided herein, no person shall hunt or trap birds or other animals within the limits of the City of Newark, Ohio, by any means except by the use of humane box traps. All other types of traps and trapping are prohibited. Any non-companion animal trapped pursuant to this section must be destroyed.
(2) Any person(s) registered with and approved by the Director of Public Safety shall be permitted to hunt deer within the limits of the City pursuant to and while in full compliance with the policies and procedures of the Division of Safety, Urban Deer Hunting Program.
(3) Any person(s) purporting to hunt deer within the limits of the City pursuant to the policies and procedures of the Division of Safety, Urban Deer Hunting Program, who is not registered with and approved by the Director of Public Safety shall be deemed to have violated division (c)(1) hereof.
(4) Any person(s) registered with and approved by the Director of Public Safety who hunt(s) deer within the limits of the City while not in full compliance with the policies and procedures of the Division of Safety, Urban Deer Hunting Program shall be deemed to have violated division (c)(1) hereof.
(5) Any person(s) purporting to hunt deer within the limits of the City pursuant to the policies and procedures of the Division of Safety, Urban Deer Hunting Program, who uses a firearm for the purpose of hunting shall be deemed to have violated division (c)(l) hereof, regardless of the conditions of any current or future policies and procedures of the Division of Safety, Urban Deer Hunting Program.
(6) Any person(s) registered with and approved by the Director of Public Safety shall be permitted to hunt geese within the limits of the City in designated areas pursuant to and while in full compliance with the policies and procedures of the City, Division of Public Safety, Urban Goose Hunting Program.
(7) Any person(s) purporting to hunt geese within the limits of the City pursuant to the policies and procedures of the City, Division of Safety, Urban Goose Hunting Program who is not registered with and approved by the Director of Public Safety shall be deemed to have violated division (c)(1) of this section.
(8) Any person(s) registered with and approved by the Director of Public Safety who hunt(s) geese within the limits of the City while not in full compliance with the policies and procedures of the City, Division of Public Safety, Urban Goose Hunting Program shall be deemed to have violated division (c)(1) of this section.
(d) Whoever violates this section is guilty of a misdemeanor of the first degree. Each act of hunting or trapping with respect to a different bird or other animal constitutes a separate offense. The penalty shall be as provided in Section 698.02.
(Ord. 80-20. Passed 3-3-80; Ord. 04-43. Passed 11-15-04; Ord. 09-48. Passed 11-2-09; Ord. 19-43. Passed 1-21-20.)