(A) Definitions. As used in this section unless the context otherwise requires:
(1) "FISHING." To take or attempt to take fish in any manner, and shall include the gigging or grabbing of fish, turtles and frogs.
(2) "GIGGING." The taking of fish, turtles or frogs by spearing or impaling on any pronged or barbed instrument attached to the end of a rigid object.
(3) "GRABBING." The taking of fish, turtles or frogs directly by hand or with the aid of a handled hook.
(4) "HUNTING." To take or attempt to take in any manner.
(5) "TAKE." Includes pursuing, shooting, hunting, trapping or snaring wildlife in any way and any lesser act designed to lure, attract or entice for these purposes; and to place, set, aim or use any device, animal, substance or agency which may reasonably be expected to accomplish these acts; or to attempt to do these acts or to assist any other person in the doing of or attempt to do these acts.
(6) "WILDLIFE." Any normally undomesticated animal, alive or dead, including without limitations any wild mammal, bird, fish, reptile, amphibian or other terrestrial or aquatic life, whether or not possessed in controlled environment, bred, hatched, or born in captivity and including any part, product, egg, or offspring thereof, protected or unprotected by this section.
(B) Activity prohibited.
(1) It shall be illegal for any person to set, use or maintain any trap or snare for the purpose of taking wildlife on any property owned by the city, including but not limited to city parks.
(2) It shall be illegal for any person to hunt by means of any gun, including any firearm which uses ammunition, black powder, air or other propelled discharge, or by means of any bow-and-arrow or cross-bow or other method for the purpose of taking wildlife on any property owned by the city, including but not limited to city parks.
(3) It shall not be unlawful to engage in fishing activities on any property owned by the city, including but not limited to city parks, however, said fishing activities must be performed in accordance with applicable Commonwealth of Kentucky wildlife regulations and any other applicable law.
(C) Impoundment. Any trap or snare set, used or maintained in violation of this section and any gun, including any firearm which uses ammunition, black powder, air or other propelled discharge, and any bow-and-arrow or cross-bow, used in violation of this section, may be subject to impoundment by the city until resolution of the matter, including any court proceedings, or until otherwise agreed to by the city. Additionally, any wildlife possessed or obtained in violation of this section may be subject to impoundment by the city until resolution of the matter, including any court proceedings, or until otherwise agreed to by the city.
(D) Exemption. Any city employee or person acting under the authority of the city shall be exempt from the prohibitions of this section, when acting for a legitimate governmental purpose to protect the health, safety or welfare of the citizens of the city.
(E) Penalty. Any person who violates the provisions of this section shall be guilty of a violation and shall be fined not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) per violation. Each trap set, used or maintained and each discharge of a gun, including any firearm which uses ammunition, black powder, air or other propelled discharge, and including bow-and-arrow and cross-bow, shall be a separate offense.
(Ord. 2012-2, passed 2-14-12)
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Statutory reference:
Traps, tagging of traps and penalty provisions, see KRS 150.010, 150.400, 150.410, 150.990