CITY OF HOMER
Council, Manager
Chief of Police
AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING HOMER CITY CODE CHAPTER 5.30, HUNTING, TO PROHIBIT TRAPPING WITHIN THE CITY LIMITS.
WHEREAS, The Alaska Board of Game
has repealed a provision in State regulation that prohibits trapping within the
Homer City limits as they existed in 1987, and
WHEREAS, The prohibition of hunting
and trapping within city boundaries is generally legislated by City governments
and not by the State of Alaska, and
WHEREAS, The City limits have
expanded since 1987 due to the annexation of an additional 4.5 miles of
territory, and
WHEREAS, The prohibition of trapping
within the Homer city limits is necessary to provide for the health and safety
of City residents, and
WHEREAS, The City Council approved
Memorandum 05-26 which in part, directed the City Manager to prepare an
ordinance for Council consideration that addresses trapping within the City
limits. .
NOW THEREFORE, the City of
Homer Ordains:
Section 1. The Homer City
Code Chapter 5.30 is hereby amended to read as follows:
Chapter
5.30
HUNTING AND TRAPPING
Sections:
5.30.010 Definitions.
5.30.020 Hunting prohibited.
5.30.025 Trapping prohibited.
5.30.030 Exceptions.
5.30.040 Penalty.
Page Two
Ordinance 05-09(A)
City of Homer
5.30.010 Definitions. In this chapter, unless the context requires
otherwise:
a. “Game”
means any species of bird and mammal, including a feral mammal, but excluding
domestic birds and mammals;
b.
“Hunting”
means the stalking or other pursuit of game with the intention of capturing
and/or killing same, with or without the use of bow and arrow or any other
means, exclusive of firearms.
c.
“Problem
Animal” means animals causing damage or creating the potential to cause damage
to public health and safety, infrastructure, or private property.
d.
“Take
or taking” means taking, pursuing, hunting, trapping, or in any manner
disturbing, capturing, or killing or attempting to take, pursue, hunt, fish, trap, or in any manner capture or kill fish
or game.
e.
“Trapping”
means the taking of any bird or animal
5.30.020 Hunting prohibited. Hunting game within the boundaries of the
City of Homer with bow and arrow or by any other means is prohibited. (Ord. 83-22 §1(part), 1983).
5.30.025 Trapping
prohibited. Trapping within the boundaries
of the City of Homer using traps or any other method of taking defined herein
or by state law as trapping is prohibited.
5.30.030 Exceptions.
a.
This chapter does not apply to the capture and disposal of game by authorized
law enforcement of fish and game protection personnel, or to the protection of
life or property. (Ord. 83-22 §1(part), 1983).
b. Section 5.30.025 of this chapter (Trapping Prohibited)
does not apply to animal control officers, Department of Fish and Game staff,
members of the City Department of Public Safety, and City employees designated
by the Chief of Police if they are trapping problem animals provided that the
trapping is performed in accordance with state law.
5.30.040 Penalty. The violation of any provision contained in
this chapter shall be punished by a fine not to exceed three hundred dollars
and/or confiscation of any game killed by the violator. (Ord. 83-22 §1(part), 1983).
Section 2. This ordinance is of a permanent and general character and shall
be included in the Homer City Code.
PASSED AND ENACTED by the Homer
City Council this _______ day of ________, 2005.
Page Three
Ordinance 05-09(A)
City of Homer
CITY
OF HOMER
__________________________
JAMES
C. HORNADAY, MAYOR
ATTEST
MARY L. CALHOUN, CMC, CITY CLERK
Introduction: 04/11/05
Public Hearing: 04/25/05
Second Reading: 05/09/05
Effective Date: 05/10/05
Ayes: -6-
Noes: -0-
Abstain: -0-
Absent: -0-
Reviewed and approved as to form and
content:
Walt Wrede, City Manager Gordon
Tans, City Attorney
Date: Date:
Fiscal Note: NA.