A. Definitions: As used herein, the following words shall have the meaning described below:
HUNT: To pursue, chase, harass, capture, possess, injure or kill any wildlife, big game, upland game, waterfowl or small game using any kind of firearm, handgun, rifle, muzzleloader gun or rifle, pellet gun, BB gun, dart gun, blowgun, bow and arrow, crossbow, archery equipment, slingshot, or any other device designed and used or used to propel a projectile of any nature.
WILD: In reference to animals, mammals, reptiles, amphibians and birds, those species that are normally found in a state of nature.
WILDLIFE: All wild animals, wild mammals, wild birds and the nests or eggs thereof, reptiles, amphibians and other types of wildlife as defined by Arizona Revised Statutes section 17-101 or otherwise by the Arizona game and fish department. Wildlife does not include small rodents such as mice or rats.
B. Unlawful: Except as provided by subsection C of this section, it shall be unlawful for any person to hunt, trap, snare or use, for the purposes of trapping, capturing or hunting any wildlife, in any area within the confines of the city limits of the city of Tombstone, whether on public or private land, any kind of firearm, handgun, rifle, muzzleloader gun or rifle, pellet gun, air gun, BB gun, dart gun, blowgun, spring gun, bow and arrow, crossbow, or any kind of archery equipment, sling, slingshot, or any other device designed and used or used to propel a projectile of any nature.
C. Exemptions: The provisions of this chapter shall not apply to:
1. Representatives of the city, county, state or federal governments who may, in the course of their duties, be required to use a trap to trap, catch, snare, kill or otherwise restrain the free movement of any wildlife for humane or other authorized purposes, or to such representatives, or to scientists intending to identify animals, wildlife or birds and then returning them to their natural environment.
2. Any peace officer engaged in the discharge of his or her official duties, nor to any persons lawfully employed by the marshal's office to eliminate hazards or nuisance to the public health and welfare.
3. Mousetraps and bat traps used for the trapping or killing within the Tombstone city limits of those species of small rodents and mammals that commonly carry diseases.
D. Violations: Any person that violates this section shall be guilty of a class one misdemeanor. In addition to all other penalties, traps and weapons used in violation of this chapter shall be confiscated by and forfeited to the city of Tombstone.
E. Severability: Any portion of this chapter that is determined to be unenforceable or substantially conflict with the Arizona Revised Statutes shall not affect the rest of the chapter for the purpose of regulation and enforcement. The remaining provisions of this chapter shall be enforced as if the remaining provisions of the chapter were enforceable. (Ord. 2017-01, 1-10-2017)