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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN ~lU) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Commissioner Williams OFFICE: Precinct 2
MEETING DATE: Apri128, 2008 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to establish a Class C
Misdemeanor, under Texas Health and Safety Code Sec. 365.012, with fines up to $500
for persons who fail to clean up their animal waste while using Flat Rock Lake Park.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON ADDRESSING THE COURT
Bollier
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Commissioner Williams, Mr.
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
5:00 PM previous Tuesday
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
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KERR COUNTY ATTORNEY
REX EMERSON
COUNTY COURTHOUSE, SUITE BA-103 7OO MAIN STREET KERRVILLE, TEXAS 78028
April 10, 2008
Bill Williams
County Commissioner
RE: Whether the County has enforcement authority against animal owners who leave
organic deposits in the county parks.
Dear Bill:
Texas Health and Safety Code Section 341.011(5) states that a public nuisance
may consist of sewage, human excreta, wastewater, garbage, or other organic wastes
deposited, stored, discharged, or exposed in such a way as to be a potential instrument or
medium in disease transmission to a person or persons.
Texas Health and Safety Code Section 341.013(c) states that waste products,
offal, polluting material, spent chemicals, liquors, brines, garbage, rubbish, refuse, used
tires, or other waste of any kind may not be stored, deposited, or disposed of in any
manner that may cause the pollution of the surrounding land, the contamination of
groundwater or surface water, or the breeding of insects or rodents.
The above statutes appeared to be applicable until a close analysis indicated that
they were only applicable to places persons possess and a county park is public property
and cannot be possessed by an individual under normal circumstances. Exceptions may
apply for special events where the park is reserved by a group. It should also be noted
that the fines start at $1000 for violations of this section.
That leaves us with the good, old fashioned illegal dumping (no pun intended}
statute where animal deposits fit within the litter definition. Under Texas Health and
Safety Code Section 365.012 a person commits an offense if the person disposes or
allows or permits the disposal of litter or other solid waste at a place that is not an
approved solid waste site... including public property. An offense of 15 pounds or less is
a class C misdemeanor with fines up to $500.00.
Rex Emerson
MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 Fax (830) 792-2228
Website: http://wwwco.kerr.tx.us/attorney

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