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Ely council narrows hunting ban to protected species and big game after debate on pigeons and enforcement
Summary
The Ely City Council on Oct. 24 approved Ordinance 760 prohibiting hunting of protected species and big game within city limits, amending language to exclude routine nuisance control; the vote was 4–1 with Councilman Jim Alworth dissenting.
The Ely City Council voted Oct. 24 to adopt Ordinance 760, making it unlawful to hunt protected species and big game inside city limits after councilmembers edited the language to avoid criminalizing common nuisance control.
The measure passed on its second reading 4–1, with Councilman Jim Alworth casting the sole no vote. Councilman Kurt Carson moved the amended ordinance; Councilman Terrill Trask seconded the motion, and the council carried it with a single dissent.
The ordinance was prompted by public safety concerns raised earlier this year about weapons used inside the city, and council discussion focused on whether the ban should include birds and other nuisance animals. Mayor Nathan Robertson said the ordinance was intended to address big-game hunting and that pest control for species such as pigeons would be treated differently: “my understanding is this bill addresses hunting of big game. I don't believe there's any prohibition currently for trapping or dealing with pest species, such as pigeons.”
White Pine County Sheriff Scott Henriod explained how Nevada law distinguishes regulated game from unregulated nuisance species, telling the council: “The way the law reads is, you have protected and unprotected species. Anything that the Division of Wildlife specifies as a game animal, those are protected species… Then you have the unregulated species like pigeons, jackrabbits, badgers, and things that are a nuisance.” The sheriff advised residents to contact law enforcement first for guidance about nuisance control.
City Attorney Shain Manuele said the council's amendments reflected legal and practical distinctions the city should treat differently. Councilman Carson said the Georgetown Ranch lease should require lessees to install and maintain “No hunting” signage on leased property; the council discussed asking the lessee to agree to post signs at renewal.
Councilman Alworth raised concerns about enforcement language in the ordinance — including seizure and forfeiture of items used in offenses — and objected to parts of the draft he characterized as overly broad. “I think the word hunting animals is better than trying to just do ‘protected’ animals,” Alworth said during debate; he ultimately voted against the ordinance.
The ordinance will be enforced by local law enforcement per existing statutes; Councilmembers and staff said they would clarify administrative procedures for nuisance complaints and trapping exempt from the ban. The council approved the ordinance after amending it to focus on protected species and big game and striking a clause (section 5C) discussed during the hearing.
The council acted on the ordinance during a regular meeting at the Ely Volunteer Fire Hall. Public comment about pigeons and nuisance species was recorded during the Oct. 24 public hearing.
