As a matter of fact I do ...
October 6, 2003
City's idea to ban traps hits a snare
Hunting and trapping are state's territory
By BILL O'BRIEN
Record-Eagle staff writer
TRAVERSE CITY - The city is pulling up stakes on a proposed animal trapping ban that may have baited the state into a legal challenge.
The proposed ban - including a complete ban on the use of kill traps - that was set for city commission approval tonight is being shelved after the state Department of Natural Resources raised legal questions.
The city attorney's office drew up the trapping ban last month at the commission's direction following a citizen complaint about animal trapping at an eastside residence. The ordinance would have prohibited trapping unless an animal was damaging private property, and required the use of only live traps.
DNR officials had no immediate comment on the proposed ordinance when contacted by the Record-Eagle two weeks ago, saying it would be reviewed by state attorneys. That prompted a letter to city attorneys this week from the DNR saying the proposed trapping ban "is unlawful and contrary to state law."
"Hunting and trapping laws are set and maintained at the state level by the (DNR)," DNR attorney M. Carol Bambery said in the letter, which cited several court cases, attorney general opinions and state laws addressing the subject. "The proposed city ordinance conflicts with state statute."
Deputy city attorney Karrie Zeits said city staff made "inquiries" to the DNR while the ordinance was being developed but that "no red flags were raised at the time we were putting it together."
"They were apprised of what we thought we were going to do," Zeits said.
DNR spokesman Brad Wurfel stopped short of saying the state would've sued the city over the issue but said the agency won't ignore local ordinances it believes conflict with Michigan's hunting, gaming and firearm laws.
"We don't want to have a situation where we're in court over something that could be handled another way," he said.
The city, however, has other options for pursuing a trapping ban. Under state law a city - or any political subdivision in the state - can request that the DNR prohibit animal trapping within its boundaries to protect the safety of its residents. The DNR has to conduct a public hearing on such a request, and may then develop local regulations on trapping.
Wurfel said the agency has dealt with a handful of situations around Michigan where local governments have tried to enact wildlife or hunting ordinances that are more restrictive than state law. Most disputes have been in high-growth areas, he said, where residential and commercial development has taken over in previously rural areas.
"We've had questions before with some of the townships ... we've never had one with a city," he said. "We work with local units around the state on trying to resolve these issues."
