Alaska Supreme Court upholds Valdez ordinance that limited fur trapping

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The court's ruling indicated that municipal rules that restrict trapping are legal under public safety and land-use rules.

The Alaska Supreme Court has ruled in favor of the city of Valdez in a lawsuit that challenged the bounds of municipal authority within the state., the court upheld a municipal trapping ordinance that banned fur trapping in certain parts of town in order to protect people and pets from traps., have rules that limit trapping. A decision against Valdez could have affected those rules as well.

Valdez argued that the city has the authority and responsibility to protect the health and safety of its residents, that trappers did not oppose the ordinance when it was passed, and that the state of Alaska itself publishes a trapping handbook that advises trappers to be aware of local regulations, an indication that the city’s move is allowable.

Justice Susan Carney, writing on behalf of the court, said that a municipality can be forbidden from taking action if state law expressly or implicitly forbids that action. The trappers argued that the court should consider the ordinance to be a restriction on “natural resource management,” while Valdez argued that it should be considered an issue of public safety and land use.

 

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