§ 14-2. Possession, sale, etc., of certain fish prohibited.
(a)
The possession, sale, importation or release into any waters of the County of any of the following fish is prohibited:
(1)
White Amur or Grass Carp (Ctenopharyngodon idella).
(2)
Walking catfish: Any member of the Clariidae family (Clarias, Heterophneustes, Gymnallables, Channallables or Heterobranchus genera).
(3)
Piranha (Sersalmus, Rooseveltilla and Pygocentrus genera).
(b)
The State Game and Freshwater Fish Commission has recommended as a safe and useful aquatic plant management tool the use of the triploid hybrid of the white amur in enclosed bodies of water; and said commission issues permits for individual bodies of water which are subject to rules and regulations controlling the distribution, quantity and site for the triploid hybrid of the white amur. Accordingly, the prohibitions contained in subsection (a) of this section shall not apply to the introduction of the triploid hybrid of the white amur where such activities are conducted in accordance with the terms of a validly issued and valid permit from said commission.
(c)
If any section, subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. In the event this section conflicts with other applicable law, the more restrictive shall apply. If any part of this section conflicts with any part, it shall be severed and the remainder shall have full force and effect and be liberally construed.
(d)
A violation of any provision of this section shall be prosecuted in accordance with general law in the name of the state in the county court by the prosecuting attorney, and upon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. Each violation and each day a violation continues shall constitute a separate offense. The board of county commissioners shall have the power to collaterally enforce the provisions of this section by appropriate judicial writ or proceeding notwithstanding any prosecution as a misdemeanor.
(Ord. No. 74-9, §§ 1—4; Ord. No. 82-3, § 4; Ord. No. 2009-62, § 1)