[HISTORY: Adopted by the Common Council of
the City of Waterloo 10-19-1987 by Ord. No. 87-6 as §§ 9.01
to 9.04, 9.06 to 9.09, 9.12, 9.15, 9.16, 9.18, 9.19 and 9.30 of the
1987 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 91.
Alarm systems — See Ch. 120.
Animals — See Ch. 126.
Dances and entertainment — See Ch. 172.
Fireworks — See Ch. 204.
Intoxicating liquor and fermented malt beverages — See Ch. 223.
Minors — See Ch. 247.
Nuisances — See Ch. 261.
Snowmobiles — See Ch. 309.
[Amended by Ord. No. 88-4; Ord. No. 95-4; 9-20-2007 by Ord. No. 2007-18]
The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the City, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, § 1-4, of this Code:
173.10
|
Investigation of Cruelty Complaints
|
346.935
|
Drinking in Motor Vehicles on Highway
|
940.19(1)
|
Battery
|
940.32
|
Stalking
|
940.34
|
Duty to Aid Endangered Crime Victim
|
941.01
|
Negligent Operation of Vehicle
|
941.10
|
Negligent Handling of Burning Materials
|
941.12
|
Interfering With or Failing to Assist in Fire
Fighting
|
941.13
|
False Alarms and Interference With Fire Fighting
|
941.20
|
Reckless Use of Weapon
|
941.20(3)
|
Discharge of Firearm From Vehicle
|
941.21
|
Disarming a Police Officer Prohibited
|
941.23
|
Carrying Concealed Weapon
|
941.237
|
Entering Tavern Armed With Handgun
|
941.24
|
Possession of Switch Blade Knife
|
941.296
|
Use of Facsimile Firearms
|
941.36
|
Fraudulent Tapping of Utilities
|
941.37
|
Obstruction of Emergency Vehicles Prohibited
|
943.01(1)
|
Criminal Damage to Property (Less Than $200)
|
943.012
|
Criminal Damage to Religious and Other Property
|
943.06
|
Molotov Cocktails
|
943.11
|
Entry into Locked Vehicle
|
943.125
|
Entry Into Locked Coin Box
|
943.13
|
Criminal Trespass to Land
|
943.14
|
Criminal Trespass to Dwellings
|
943.15
|
Entry Onto a Construction Site
|
943.20
|
Theft (Less Than $100)
|
943.21
|
Fraud on Hotel or Restaurant Keeper
|
943.22
|
Use of Cheating Tokens
|
943.23
|
Operating Vehicle Without Owner's Consent
|
943.23(1g)
|
Carjacking
|
943.24
|
Issue of Worthless Checks
|
943.34
|
Receiving Stolen Property
|
943.46
|
Theft of Cable Television Service
|
943.47
|
Theft of Satellite Cable Programming
|
943.50
|
Retail Theft
|
944.20
|
Lewd and Lascivious Behavior
|
944.23
|
Making Lewd, Obscene or Indecent Drawings
|
944.30
|
Prostitution
|
944.31
|
Patronizing Prostitutes
|
944.33
|
Pandering
|
944.34
|
Keeping Place of Prostitution
|
945.02
|
Gambling
|
945.04
|
Permitting Premises to be Used For Commercial
Gambling
|
946.40
|
Refusing to Aid Officer
|
946.41
|
Resisting or Obstructing Officer
|
946.42
|
Escape
|
946.44
|
Assisting or Permitting Escape
|
946.65
|
Obstructing Justice
|
946.69
|
Falsely Acting as Public Officer or Utility
Employe
|
946.70
|
Personating Peace Officer
|
946.72
|
Tampering With Public Records and Notices
|
947.01
|
Disorderly Conduct
|
947.012
|
Unlawful Use of Telephone
|
947.013
|
Harassment Prohibited
|
947.06
|
Unlawful Assemblies
|
948.015 to 948.62
|
Crimes Against Children
|
948.40
|
Contributing to the Delinquency of a Child
|
951.01 to 951.15
|
Crimes Against Animals
|
[Amended 11-3-2011 by Ord. No. 2011-04; 9-18-2014 by Ord. No. 2014-09]
A.
FIREARM
LAW ENFORCEMENT OFFICER
OTHER DANGEROUS WEAPON
PUBLIC BUILDING
PUBLIC LAND
PUBLIC PLACE
Definitions. For the purpose of this section, the following definitions
shall apply:
Any weapon from which a shot may be fired by the force of
an explosive or propellant, including but not limited to rifles, pistols,
shotguns, air guns and BB guns.
Includes duly authorized active and duly authorized retired
law enforcement officers.
Includes bow and arrow, crossbow, slingshot, blow gun and
other similar weapons.
Any building, including the grounds thereof, owned by the
state or federal government, the City, the county or the public school
district.
Any land owned by the state or federal government, the City,
the county or the public school district.
Any privately owned building which is open to the public.
B.
Possession of firearms prohibited.
[Amended 8-20-2020 by Ord. No. 2020-07]
(1)
In addition to the provisions of Subsection C below, no person, except duly authorized City, village, county, state or federal law enforcement officers specifically authorized by law to carry firearms, openly carried, or persons duly licensed to carry a concealed weapon pursuant to § 175.60, Wis. Stats., shall possess a firearm while in any public building within the City. No such person shall possess a firearm while in any public building within the City unless written consent to so possess a firearm has been given by the owner or lessee of such public place and such possession is not contrary to § 440.26, Wis. Stats.
(2)
Unless other facts and circumstances that indicate criminal or malicious
intent on the part of the person apply, no person may be in violation
of, or be charged with a violation of, an ordinance of a political
subdivision relating to disorderly conduct or other inappropriate
behavior for loading a firearm, or for carrying or going armed with
a firearm or a knife, without regard to whether the firearm is loaded
or the firearm or the knife is concealed or openly carried.
C.
Use of firearms.
(1)
Regulated. No person, except a law enforcement officer authorized by law to carry firearms, shall discharge any firearm within the City. No person, except such an authorized law enforcement officer, or a person duly licensed to carry a concealed weapon pursuant to § 175.60, Wis. Stats., or openly carried shall have any firearm in his possession within the City unless it is unloaded and enclosed in a carrying case or other suitable container, except as provided in Subsection C(2).
[Amended 8-20-2020 by Ord. No. 2020-07]
(2)
Exceptions:
D.
Use of other dangerous weapons.
(1)
Regulated. No person shall shoot or discharge any other dangerous weapon anywhere in the City except as provided in Subsection D(2) below.
(2)
Exceptions:
(a)
Supervised areas designated as shooting ranges by the Council.
(c)
Bow hunting in accordance with Wisconsin Department of Natural
Resources regulations which takes place on privately owned property,
300 feet or greater from a building on an adjacent property owner's
land used for human occupancy, is permissible. All municipal and county
parks along with school district grounds are public property. Bow
hunting is not allowed on public property. Bow hunters shall discharge
the arrow or bolt in a direction described as "immediately toward
the ground."
E.
Dangerous weapons prohibited on municipal property. When posted,
no person, except law enforcement officers duly authorized by law
to carry firearms, shall carry or be in possession of a dangerous
weapon in any building, structure or vehicle owned or leased by the
City of Waterloo, including but not limited to its City Hall, Wastewater
Treatment Facility and Municipal Garage. "Dangerous weapon" means
any firearm, rifle or handgun, whether loaded or unloaded, or any
device designed as a weapon and capable of producing death or great
bodily harm, or any other device or instrumentality which, in the
manner it is used or intended to be used, is calculated or likely
to produce death or great bodily harm. Electronic weapons such as
stun guns, rifles, shotguns, handguns, spring guns, air guns, bow-and-arrow
devices and knives are included within this definition. Nothing contained
herein shall prohibit the storage of a concealed weapon by a person
licensed under § 175.60, Wis. Stats., from carrying a firearm
in his/her privately owned motor vehicle which is parked at any City-owned
parking facility or parking lot.
F.
Municipal special events. No person, except law enforcement officers duly authorized by law to carry firearms, shall enter or remain at any special event sponsored by the City of Waterloo while carrying a dangerous weapon as defined in § 278-2E above. "Special event" shall have the meaning provided for in § 943.13(1m)(c)3, Wis. Stats.
G.
Signage. When requested, the City Clerk shall post all signage required
by § 943.13, Wis. Stats., for purposes of implementing the
provisions of § 272-2E and F hereof.
No person shall throw or shoot any object, arrow,
stone, snowball or other missile or projectile by hand or by any other
means at any person or at, in or into any building, street, sidewalk,
alley, highway, park, playground or other public place within the
City.
[Amended 9-20-2007 by Ord. No. 2007-18]
A.
Definition. "Marijuana" means all parts of the plant cannabis sativa
L., whether growing or not; the seeds thereof; the resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin.
" Drug paraphernalia" has the meaning given in § 961.572,
Wis. Stats.
B.
Possession, delivery and use of marijuana prohibited. It shall be
unlawful for any person to possess 25 grams or less of marijuana or
a marijuana derivative. This section shall include, but not be limited
to, those persons who possess, deliver, sell or use marijuana or a
marijuana derivative in any amount and include those persons who are
charged under this section for a first offense.
C.
Exception. This section shall not apply to a person who has obtained
or possesses marijuana directly from or pursuant to a valid prescription
or order of a practitioner, as defined in § 961.01, Wis.
Stats., while acting in the course of his professional practice. However,
the burden of proof to prove such exception shall be on the person
claiming it.
D.
Possession and delivery of drug paraphernalia prohibited.
(1)
No person may use, or possess with the primary intent to use, drug
paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance or controlled
substance analog in violation of Ch. 961, Wis. Stats.
(2)
No person may deliver, possess with intent to deliver, or manufacture
with intent to deliver drug paraphernalia, knowing that it will be
primarily used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance or controlled
substance analog in violation of Ch. 961, Wis. Stats.
E.
Penalty. Any person who shall violate any provision of this section
shall, upon conviction, be subject to a forfeiture of not less than
$200 nor more than $2,000 and, on default, imprisonment for not more
than 60 days.
[Amended by Ord. No. 2-00; 2-15-2018 by Ord. No. 2018-02]
A.
General. No person shall make or cause to be made any loud, disturbing
or unnecessary sounds or noises such as may tend to annoy or disturb
a person of ordinary sensibilities in or about any public street,
alley or park or any private residence.
B.
Sound-amplifying equipment. The following regulations shall apply
to the use of sound-amplifying equipment within the City:
(1)
Sound-amplifying equipment shall be permitted only to publicize events
of community-wide interest and importance which are of a noncommercial
nature.
(2)
The only sounds permitted shall be music and human speech.
(3)
Sound-amplifying equipment shall be used only between 7:00 a.m. and
7:00 p.m., unless otherwise permitted.
[Amended 12-21-2023 by Ord. No. 2023-17]
(5)
The volume of sound shall be controlled so that it will not be audible
for a distance in excess of 200 feet from its source and so that the
volume of sound emitted therefrom shall not be unreasonably loud,
raucous, jarring, disturbing or a nuisance to persons within the area
of audibility.
C.
Construction and machinery noise. Except for emergencies, all Public
Works Department snow/ice removal and nonmunicipal snow/ice removal,
between the hours of 9:00 p.m. and 7:00 a.m. no person shall do construction
work or operate any chain saw, lawn mower or any other loud machinery
of a similar nature. The use of loud machinery for nonmunicipal snow/ice
removal shall be prohibited between the hours of 10:00 p.m. to 5:00
a.m.
D.
Dynamic braking devices. It is unlawful for any person to operate
any motor vehicle within the City limits with a dynamic braking device
(commonly referred to as "Jake brakes," "Jacobs brake," "engine brake"
or "compression brake") engaged, except for the aversion of imminent
danger.
A.
Loitering or prowling. No person shall loiter or prowl
in a place, at a time or in a manner not usual for law abiding individuals
under circumstances that warrant alarm for the safety of persons or
property in the vicinity. Among the circumstances which may be considered
in determining whether such alarm is warranted is the fact that the
person takes flight upon appearance of a police or peace officer,
refuses to identify himself or manifestly endeavors to conceal himself
or any object. Unless flight by the person or other circumstances
make it impracticable, a police or peace officer shall, prior to any
arrest for an offense under this subsection, afford the person an
opportunity to dispel any alarm which would otherwise be warranted
by requesting him to identify himself and explain his presence and
conduct. No person shall be convicted of an offense under this subsection
if the police or peace officer did not comply with the preceding sentence
or if it appears, at trial, that the explanation given by the person
was true and, if believed by the police or peace officer at the time,
would have dispelled the alarm.
B.
Obstruction of highway by loitering. No person shall
obstruct any street, bridge, sidewalk or crossing by lounging or loitering
in or upon the same after being requested to move on by any police
officer.
C.
Obstruction of traffic by loitering. No person shall
loaf or loiter in groups or crowds upon the public streets, alleys,
sidewalks, street crossings or bridges or in any other public place
within the City in such manner as to prevent, interfere with or obstruct
the ordinary free use of such public sidewalks, streets, street crossings
and bridges or other public places by persons passing along and over
the same.
D.
Loitering after being requested to move. No person
shall loaf or loiter in groups or crowds upon the public streets,
sidewalks or adjacent doorways or entrances, street crossings or bridges
or in any other public place or on any private premises without invitation
from the owner or occupant after being requested to move by any police
officer or by any person in authority at such places.
E.
Loitering in public places. No person shall loiter,
lounge or loaf in or about any depot, theater, dance hall, restaurant,
store, public sidewalk, public parking lot or other place of assembly
or public use after being requested to move by the owner or person
in charge or any police officer. Upon being requested to move, a person
shall immediately comply with such request by leaving the premises
or area thereof at the time of the request.
A.
Presence regulated. It shall be unlawful for any person
other than an authorized person, as hereinafter defined, to be present
within any school building or upon any school grounds under the jurisdiction
of the Board of Education of Joint School District No. 1, City of
Waterloo, et al., without having first secured authorization therefor
from the principal or other person in charge of said premises, except
while in direct route to secure said authorization.
B.
Definition. Authorized persons shall include:
(1)
Students presently enrolled to attend school under
the jurisdiction of the Board of Education of said School District,
but excluding any student under suspension, expulsion, exemption or
other discipline prohibiting such student from attending school under
the jurisdiction of said School Board unless the terms of such prohibition
expressly permit such presence.
(2)
Employees of said School District.
(3)
Any parent or guardian of any student or employee.
(4)
Any person present at any school building or school
grounds for any purpose previously authorized by the Board of Education
of said District or its designee.
C.
Posting notice. All entrances to school premises referred to in Subsection A above shall be posted with notice that "Entry by Unauthorized Persons is Prohibited: § 278-7, Municipal Code of Waterloo, Wisconsin." Any person who knowingly obliterates or otherwise defaces any such notice shall be subject to a penalty.
D.
Authorization display required. Any person shall, upon request of any police officer or the Superintendent of Schools or the principal or other person in charge of any school building or school grounds under the jurisdiction of said School Board, display any written authorization to be present therein or thereon which may be in his possession or otherwise explain such facts as constitute "authorized person" status, defined in Subsection B above.
A.
LICENSED PREMISES
PUBLIC PARKING LOT
PUBLIC PROPERTY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The area within a building or structure which is licensed pursuant to Chapter 223 of this Code, but not including parking lots, sidewalks, roadways or land which is adjacent to the building or structure and within the property boundary lines.
Any area held out to the public for the parking of motor
vehicles, whether such area is publicly or privately owned.
Any property, including buildings or structures thereon,
which is owned, leased or operated by the City, or public, private
or parochial schools; public sidewalks; roadways and streets; playgrounds;
parks; and alleys.
B.
Conduct prohibited. No person shall consume any alcohol
beverage in or upon any public property or public parking lot.
C.
Conduct prohibited outside licensed premises. No person
who has purchased alcohol beverages from any licensed premises shall
consume said beverages outside of, but within the property boundary
lines of, such premises.
D.
Exceptions.
(2)
The prohibition in Subsection B above shall not apply to a school-sponsored activity when specifically permitted in writing by the school administrator.
A.
Prohibited. No person shall deposit any mud, glass,
refuse or waste, filth or other litter upon the streets, highways,
alleys, parks or other property of the City or upon any private property
or into or upon any body of water or stream within the City.
No person shall have or permit on any premises
owned or occupied by him any open cisterns, cesspools, wells, unused
basements, excavations or other dangerous openings. All such places
shall be filled, securely covered or fastened in such manner as to
prevent injury to any person, and any cover shall be of a design,
size and weight that the same cannot be removed by small children.
No person shall leave or permit to remain outside
of any dwelling, building or other structure, or within any unoccupied
or abandoned building, dwelling or other structure under his control
in a place accessible to children, any abandoned, unattended or discarded
icebox, refrigerator or other container which has an airtight door
or lid, snap lock, or other locking device which may not be released
from the inside without first removing such door or lid, snap lock
or other locking device from such icebox, refrigerator or container
unless such container is displayed for sale on the premises of the
owner or his agent and is securely locked or fastened.
No person shall:
A.
Willfully injure or intentionally deface, destroy
or unlawfully remove, take or meddle with any property of any kind
or nature belonging to the City or its departments or to any private
person without the consent of the owner or proper authority.
B.
Destroy or remove any tree or shrub planted in any
downtown sidewalk, tree lawn or City park without consent of the proper
City department.
[Amended 9-20-2007 by Ord. No. 2007-18]
C.
No person shall remove or destroy any flowers planted
on any City property, including the Wildflower Sanctuary at Firemen's
Park, without the consent of the proper City department.
A.
Return required. No person shall fail, on demand,
to return any book, periodical, pamphlet or other article of property
belonging to or in charge of the Waterloo Public Library, according
to the rules and regulations duly made and adopted by the Library
Board.
B.
Unlawful taking prohibited.
(1)
No person shall take or remove from the library any
of the aforesaid materials or property without first having it charged
out to him, as provided by said rules and regulations.
(2)
Whoever intentionally takes and carries away, transfers,
conceals or retains possession of the aforesaid materials and property
without the consent of the library staff and with intent to deprive
the library permanently of the possession thereof may be penalized
hereunder. The intentional concealment thereof which continues beyond
the checkpoint of the library is evidence to deprive the library permanently
of possession of such materials and property. The discovery thereof
upon the person or among the belongings of such person or of another
is evidence of intentional concealment.
(3)
A library staff member who has probable cause for
believing that a person has violated this section in his presence
may detain such person in a reasonable manner for a reasonable length
of time to deliver him to a police officer, or to his parent or guardian
in the case of a minor. The detained person must promptly be informed
of the purpose of his detention and shall be permitted to make telephone
calls, but he shall not be interrogated or searched against his will
before the arrival of a police officer who may conduct a lawful interrogation
of the accused person. Library staff members complying with this section
shall be entitled to the same defense in any action as is available
to a peace officer making an arrest in the line of duty.
C.
Removal of charge card pocket prohibited. No person
shall remove the charge card pocket or charge card affixed to the
inside cover of a library book.
D.
Mutilation of library materials prohibited. A person
shall not mutilate or damage a library book or library materials by
tearing or cutting out pages, portions or excerpts, or in any other
manner, but shall return the book or material in the same condition
it was received.
E.
Library book fine to be paid. No person shall fail
to pay, on demand, any library book fine.
[Amended 9-20-2007 by Ord. No. 2007-18]
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code. In addition to any penalty imposed for violation of § 943.01(1), Wis. Stats., any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent of any unemancipated minor child who violates § 943.01(1), Wis. Stats., or § 278-12 of this chapter may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.
[Added 1-6-2011 by Ord. No. 2011-01]
A.
DELIVER
DISTRIBUTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Has the same meaning given in § 961.01(6), Wis.
Stats., with respect to a controlled substance or controlled substance
analog.
Has the same meaning given in § 961.01(9), Wis.
Stats., with respect to a controlled substance analog.
B.
Prohibited sales, use and possession. It shall be illegal for any
person to possess, sell, publicly display or barter any one or more
of the following chemicals whether under the common street or trade
names of "spice," "K2," "Genie," "Yucatan Fire," "Blaze," "Red X Dawn,"
"Zohia," "Spike Diamond," "Route 69," "Smoke XXXX," "Citron," "fake"
or "new" marijuana, or by any other name, label or description:
(1)
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol- some trade or other names:
HU-210;
(2)
1-Pentyl-3-(1-naphthoyl) indole – some trade or other names:
JWH-018\spice;
(3)
1-butyl-3-(1 naphthoyl) indole – some trade or other names:
JWH-073;
(4)
1-(3{trifluoromethylphenyl}) piperazine – some trade or other
names: TFMPP;
(5)
2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol – some
trade or other names: CP 47, 497;
(6)
1-(2-(morpholony)ethyl))-3-1(naphthoyl)indole – some trade
or other names: JWH-200;
(7)
1-hexyl-3-(1-naphthoyl)indole – some trade or other names:
JWH-019;
(8)
1-pentyl-3-(2-methoxyphenylacetyl)indole – some trade or other
names: JWH-250;
(9)
1-pentyl-3-(4-chloro-1-naphthoyl)indole some trade or other names:
JWH-398;
(10)
(2-methyl-1-propyl-1H-indol-3-yl)-1-naphthaleny-mathanone –
or some trade or other names: JHW-015;
(11)
Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl-6a,7,10,10a-tetrahydrobenzo[c]chromen-l-ol-
or some trade or other names: HU-211.
(12)
Or any similar structural analogs.
C.
Exception. The prohibitions set forth herein do not apply to any
person who commits an act described in this section pursuant to the
direction or prescription of a licensed physician or dentist authorized
to direct or prescribe such act.
D.
Penalties.
(1)
Any person who shall sell, publicly display for sale or attempt to sell, give, deliver, distribute or barter any one or more of the chemicals as prohibited in Subsection B above shall upon conviction be subject to a forfeiture of not less than $200 and not more than $1,000, together with the cost of prosecution for each violation. Each day a violation continues shall constitute a separate offense. The City may also seek equitable relief to gain compliance.
[Added 4-15-2021 by Ord.
No. 2021-02]
In the interest of humane treatment of animals and public safety,
it shall be unlawful for any person to set, place or tend any traps
for the purpose of trapping, killing, catching, wounding, or molesting
any animal in the parks, residential and commercial areas of the City
of Waterloo.
A.
Permits. The Chief of Police may authorize use of other traps for
removal of a specific nuisance animal upon complaint, but only after
attempting to remove said animal with a live box trap.
B.
Traps.
(1)
Cable restraints, foothold or leghold traps shall be prohibited.
(2)
The only other type of trap permitted shall be a live box trap, which
shall be defined as those traps which capture and hold an animal in
an unharmed condition. These types of live traps will not require
a permit.
(3)
Body-gripping traps shall be placed only under water within the bank
run of the animal sought to be trapped and shall not exceed the 110
size.
(4)
Excluding live set traps, all traps set, placed, or tended shall
comply with all applicable Wisconsin Statutes and Administrative Codes
as they relate to trapping. Any trapping, excluding live set traps,
will be required to have a valid state permit.
C.
Exception. This section shall not apply to trapping within the confines
of buildings, homes or their respective curtilage for the purpose
of vermin eradication, or areas zoned agricultural. Live box traps
shall be defined as those traps which capture and hold an animal in
an unharmed condition; these types of live traps will not require
a permit.
D.
Summary abatement. Any trap set in violation of Subsection B may be summarily removed if the trap presents a danger to children or domestic animals. Such removal shall not occur before the Chief of Police makes an effort to contact the owner of the trap to request immediate removal by the owner. One phone call shall be sufficient effort before the summary removal.