§ 618.126 INTERFERENCE WITH TAKING WILDLIFE.
   (a)   No person may, for the purpose of hindering or preventing the lawful taking of wildlife pursuant to the city’s Wildlife Management Program as set forth in Codified Ordinance §§ 618.12 and 618.125 herein, engage in any of the following conduct:
      (1)   Block, obstruct, impede or attempt to block, obstruct or impede a person lawfully taking wildlife;
      (2)   Erect a barrier with the intent to deny ingress or egress from areas where wildlife may be lawfully taken;
      (3)   Make or attempt to make unauthorized physical contact with or in any way interfere with a person lawfully taking wildlife;
      (4)   Engage in or attempt to engage in theft, vandalism or destruction of personal or real property;
      (5)   Disturb or alter, or attempt to disturb or alter the condition or authorized placement of personal or real property intended for use in the lawful taking of wildlife;
      (6)   Enter or remain upon public lands or waters, or upon private lands or waters without the permission of the owner thereof, or an agent of that landowner, where wildlife may be lawfully taken; and
      (7)   Make or attempt to make loud noises or gestures; set out or attempt to set out animal baits, scents, lures or human scent; use any other natural or artificial visual, aural, olfactory or physical stimuli, or engage in or attempt to engage in any other similar action or activity in order to disturb, alarm, drive, attract or affect the behavior of wildlife, or disturb, alarm, disrupt, annoy or interfere with a person lawfully taking wildlife.
   (b)   There is hereby established a 200-foot buffer zone around any authorized and designated site being used for an animal or wildlife control program as established in §§ 618.12 and 618.125. No person shall enter the 200-foot buffer zone during the implementation of any program as authorized in §§ 618.12 and 618.125; provided, however, that the buffer zone authorized herein shall not extend over any land owned by a private landowner unless such private landowner has consented to the use of his or her land as an authorized and designated site.
   (c)   This section shall not apply to a law enforcement officer, game officer or conservation officer enforcing the laws of the state or any local ordinance, nor shall it apply to any private landowner, or agent thereof, on land or waters owned by that private landowner, nor anyone officially authorized by the city to engage in the city’s Wildlife Management Program.
   (d)   The city and/or the Division of Wildlife may initiate a civil action in the Court of Common Pleas for injunctive and other relief for any violation of this section.
   (e)   Any person who violates any provision of this section shall be guilty of a misdemeanor of the first degree for each violation.
   (f)   For the purpose of this section, the following definitions shall apply:
      (1)   TAKING. To hunt, capture, kill, trap, catch, net, possess, collect or attempt to hunt, capture, kill, trap, catch, net, possess or collect wildlife.
      (2)   WILDLIFE. Any wild mammal, bird, reptile, amphibian, fish, shellfish, mollusk, crustacean or other wild animal, or any part, product, egg, offspring or the dead body or parts thereof.
(Ord. 2005-6, passed 1-18-2005; Ord. 2005-283, passed 12-19-2005)