p,Sl~D8'l~3 ~,3 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams OFFICE: Precinct Two MEETING DATE: May 12, 2008 TIlViE PREFERRED: SUBJECT: Consider, discuss and take appropriate action to enforce a "Leash Law" in accordance with Tx. Health and Safety Code, Sec. 826.013 for Flat Rock Lake Park; also establish a Class C Misdemeanor under Tx. Health and Safety Code, Sec. 365.012, with fines up to $500 for persons who fail to clean up their animal's waste while using Flat Rock Lake Park. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner Williams. ESTIMATED LENGTH OF PRESENTATION: 2 min. IF PERSONNEL MATTER -NAME OF EMPLOYEE: 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: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 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 you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ~r- err' KERR COUNTY ATTORNEY A'CE O 5 x .,~.~ ~, REX EMERSON COUNTY COURTHOUSE, SUITE BA-lO3 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 $500.00. Rex Emerson MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 Fax (830) 792-2228 Website: http://www.co.kerr.tx.us/attorney err' ~~: 7PAtv~~s17`K' U;S~faSE' e Af'TER YOUR PEt ~~ ~ z~~ ~ LitSpO i0 SZOQDp FR$ I2"X 18" R-11fi*5 .~~.. ~~r ~~ ~#N UP A#'T~R rain ~~.~,~~ 12" X 18" R-211 ~5 Oon`t ~~ ~ l.ifiter Eug ,?. ;~ C ~~~ , :~ C.en~epaitr Gtetnt 12~ X 18" F~-117*5 •~' ~e oar ~M~~ 1~2" X 18" ~Z-1.21 ~. ~w ~lulo~ ~"' ~`~ 1.1 Consider, discuss and take appropriate action to Authorize drafting of a "leash law" requirement for persons bringing dogs to Flat Rock Lake Park. (Comm. Williams, Pct. 2) JUDGE TINLEY: In deference to some folks that -- that wish to be heard, 'm going to take an item out of order. We'll move to Item 13; consider, discuss, and take appropriate action to authorize drafting of a leash law requirement for persons bringing dogs to Flat Rock Lake Park. Commissioner Williams. COMMISSIONER WILLIAMS: Yes, sir. Thank you, Judge. 1 placed this on the agenda for the Court to think about and talk about, because over the last year or so, since we have sort of ignored what's taken place out there, I've had several complaints, the most recent being a person who sought me out at the conclusion of church service a week ago to tell me that their animal had been attacked and nearly killed, and had to be taken to the veterinarian. to save that animal's life. So, think about it. I also read where, basically -- and I want the County Attorney to weigh in on this -- that the state law does require it. And if state law requires that, then our policy with respect to the use of that park should reflect what the state law requires. So, I haven't proposed the language of the law. I can certainly defer to the County Attorney's office, and we can get some models and some samples and so forth. But if state law requires it, we ought to comport to that law. JUDGE TNLEY: We have a couple of participation forms on this particular agenda item, and I'd like to give those folks an opportunity to be heard. The first one we have is ~,. from Mr. Robert Palmer. Mr. Palmer? If you'll come forward and give us your address and tell us what's on your mind concerning this item. MR. PALMER: Thank you. My name is Robert Palmer. I live at 410 Josephine. First of all, last time I was here, I requested a sign for Flat Rock Park, because there was no sign. And there is one now, and I wanted to make sure I thanked y'all for putting one up. And, so, I represent a group of people -- you. see about four of them here on my right -- and all of us walk with our dogs off-leash at the park, and our dogs all get along. And, in fact, I know these people; some of them, I don't know their names, but I know their dogs. MR. KELLY: Dogs' names, too. MR. PALMER: But, anyway. I wanted to request that you think seriously about this matter, because this is the one place in Kerr County where dogs have been accepted, have been allowed to go off-leash, and I've been there for over two years, walking my dogs almost every morning arolmd 7:00 to 8 o'clock, and most of these people also, and. also sometimes in the afternoon. And the problems have not been with the dogs, when there have been any problems. The dogs -- the problems have been with -- mostly with dog owners. I have not seen. any real dog fights. I've not seen any dogs get hurt. I've seen a lot of happy dogs, a lot of social dogs. And so what I'm actually going to propose is a compromise. Right now, it's pretty well accepted by everyone in the legal profession in town -- I mean by that the police, the Sheriff s Department, Animal Control -- that this is an area which has been allawed for people to have their dogs off-leash. So, I am proposing that the dogs be allowed to go leash-free from around 7:00 in the morning iuZtil noon, and then in the afternoon, those people who have their dogs on-leash and are ,: concerned about dogs mm~ing free, those people could bring their dogs in the afternoon, after noon. And this is almost happening now, 'cause I've been there in the morning and the afternoon. So, I wanted to ask y'all if this kind of compromise could be made at Flat Rock Park, what your -- what y'all's comments on it might be. COMMISSIONER BALDWIN: Mr. Palmer, the law says there's a leash law, that you must have your animal on a leash. MR. PALLIER: Unless -- unless you designate an area as a -- COMMISSIONER BALDWIN: Right. MR. PALMER: -- dog park. COMMISSIONER BALDWIN: Did we do that? MR. PALMER: No, it hasn't been -- it's been accepted. COMMISSIONER BALDWIN: So, you have been going out there leash -- leashless and breaking the law this whole time'? MR. PALMER: I -- well -- COMMISSIONER BALDWIN: I'm serious. I can't figure out what you're talking about. MR. KELI_,Y: You're going to have a busload. MR. PALMER: Well, yes and no. You might have seen on the front page in the newspaper my dog, Boomer, a black lab, is a sightseeing dog for ahusky -- a blind. husky, and so that dog has been on-leash all the time. And I have another dog that's been off-leash, but -- so the answer is yes and no. COMMISSIONER BALDWIN: God. MR. PALMER: In other words, if you have a leash law, you don't see who's on which end of the leash, right? COMMISSIONER BALDWIN: Well, I remember when you first came in, we were talking about a dog park like they do -- have in other places, and we said no to a dog park. MR. PALMER: I don't -- I don't believe there was any official request for the dog park. COMMISSIONER WILLIAMS: Well -- COMMISSIONER BALDWIN: Well, I remember it. COMMISSIONER WILLIAMS: Your signage proposal was that we put. up signs -- MR. PALMER: Right. COMMISSIONER WILLIAMS: -- indicating that as adog-friendly park. And the Court did not go along with that idea, nor did it designate Flat Rock Lake Park as a -- as a -- whatever you call it; the dog can run free and -- COMMISSIONER BALDWIN: Leashless. COMMISSIONER WILLLAMS: Leashless or whatever. We haven't done that. And we've had a year of experience now since -- since you made your appearance, a little over a year of experience since you. made your appearance. And I don't know about the other Commissioners, but I have been contacted several times about the aggressive behavior of animals jumping on people, just running and jumping on people that are not -- not their owners, folks who let their dogs run. free, not cleaning up after their dogs, and most recently, an owner of an animal -- animal was attacked; a small dachshund dog was attacked and almost killed, and the owners of them then grabbed the dog up after it was all over with aild walked do~~~n on Riverside Drive home, just totally oblivious to what took place. Didn't try to stop it or anything else. That's the reason why this is on the agenda. MR. PALLIER: Okay. COMMISSIONER LETZ: My recollection was that at the time, that the law says `r-° something about being under your control or, you know, something along that line. And it was decided that, you know, if -- if the dogs are under your -- under control, may not be under a leash. Am I dreaming that that was part of that conversation? JUDGE TINLEY: I don't think so. I think that there's some language in the statute -- MR. PALMER: :Right. JUDGE TINLEY: -- in various so-called "leash law" ordinances or orders that -- that deal with that. I'm not sure the state law that we're talking about, but I -- I suspect that as the County Attorney looks into this, they're going to come back and tell us what our options are. If there are any interpretation nuances or other definitions that control -- or under leash or under control., why, we'll get that information presented to us. COMMISSIONER WILLIAMS: And. that's really all I'm asking the Court today, is to authorize the research and a drafting of a leash law, and bring it back to the Court. Let's talk about it. COMMISSIONER BALDWIN: Mr. Palmer, what was your proposal, this time frame thing during the day? MR. PALMER: It was -- it's a compromise, and that those people who want to have their dogs on-leash and are concerned about other dogs being off-leash, is that they be -- have their time after noon till the evening to have their dogs on -- on-leash. And those people who prefer to have the dogs oft=leash and socially mixing with each other have the morning from 7:00 until noon. And that way, you make both parties happy for the most part, because these people here have some great dogs, and we need an area here. And one other thing that has not been brought up, by our being there in the mornings and ~r through the day, this park has become a safer park, because there are less people who are vagr~.nt or -- or, you know, would seek out -- well, anyway, have evil intent. They're the ones who want secrecy. And -- but we have been there, and most of us are responsible. We help pick up in the park. Right now, there aren't enough barrels there, and there's garbage. People come down there and drop off their garbage at that park, and. so there's a bigger problem with that, and people coming in and messing up the property. That's a bigger problem than us having .our dogs off-leash, but that doesn't seem to be addressed, or get addressed. JUDGE TINLEY: Anything else, Mr. Palmer? MR. PALMER: No. I just hope we can -- that we don't give up this one area in town where most of us who are responsible can -- can take our dogs and have them mix socially, because for the most part, it -- there's always going to be a few situations, no matter what, in that park, whether it's on-leash or ofl=leash, where you have dogs -- you know, a dog problem. They were there before we came, and they will be. But, for the most part, it is really a fine park.. It's a beautiful park, and we help make it that. COMMISSIONER WILLIAMS: Unfortunately, that's always the case, Mr. Palmer. When you have a privilege, there are -- the privilege has been extended, the abuses by someone who doesn't care and that messes it up for rest of the people. It was a dog that got bitten and injured this time. It could be a human that gets bitten and injured the next time. MR. PALMER: Well, that may happen even if you. have -- if have you dogs on-leash. There are stray dogs that come into the park. COMMISSIONER WILLIAMS: I understand. COMMISSIONER LETZ: The part of the park that y'all -- you use the west side of Third Creek or the east side of Third Creek? MR. KELLY: West. MR. PALMER: West side. We -- COMMISSIONER WILLIAMS: The big section. MR. PAI MER: Until they complete that bridge. Whenever they do that, we'll probably just use that oval, and walk our dogs on it. COMMISSIONER LETZ: Another option may be to make it more the less-used, which is the east side, in the mornings to be allowed -- and there's access; you can get there right now by going up, I think, by the Swap Shop. But, anyway, that's another thing we can look at at our next meeting. JUDGE TINLEY: Thank you, Mr. Palmer. We appreciate it. We also have a participation form that was filed by Morgan Kelly. MR. KELLY: Sir, my name is Morgan Kelly, az~d I live at 108 Mesa Del Sol here in Kerrville. 1 can. tell by Looking at your faces who's definitely against this program. and who may be inclined to be a little more lenient. However, what am I doing here in Kerrville'? I came from up in the Kansas City area on the Kansas side, but -- to Kerrville. But before that, I was living in San Antonio, and 1 was selling Mooney airplanes, and that's how I discovered Kerrville, because I'd bring my prospects up here and take them through the plant. I came up so often that they didn't even bother sending one of the employees to lead us through the factory and everything. They said, "You've been here long enough; you know the drill, so go do it yourself " And that made me feel very warm. toward Kerrville, and here I am for the last l 7, going on 18 years. Now, when I was in Kansas City, there was a beautiful big park there, much -- much larger than the one we're discussing, and they -- they made it a dog-free area until they finished another area that was designed especially for people with dogs, and it worked out very, very well. And that's what we'd ask you to do here. However, because this -- you see the five of us here, and six, really; this man's wife's outside. We didn't know about it until 7 o'clock this morning, when we read the newspaper, and we would like to have an opportunity to come back to the Commissioners Court and present our side of the story and see what can be done. Therefore, I would ask to you shelve this item until another time and give us a little more time to come and present this in a -- in a formal fashion. That's my point, and. I thank you. COMMISSIONER BALDWIN: Excellent point. JUDGE TINLEY: Mr. Kelly, the matter to be considered today is just to merely ask the County Attorney to look into it to see what we're required to do under the law. We're not in a position to take any action, to adopt any rules one way or the other. 1VIR. KELLY: Okav. JUDGE TINLEY: Okay? MR. KELLY: Even if you set a section of the park aside. But Iwas -- you know, for people with dogs off-leash. But this gentleman's idea -- really, I'm sharing it with him, because he didn't -- we haven't talked about it, but 1 would -- I would like to see a time schedule (here, and -- and the Court could say this section is dog leash --off-leash area at certain times, and it should be acceptable. Thank you. JUDGE TINLEY: Thank you, sir. COMMISSIONER WILLIAMS: I don't know that it requires court action, Judge. The County Attorney's here. We can look into it and bring it back, and the Court can weigh in on it at that time. MS. BAILEY: Would you like -- COMMISSIONER OEHLER: Only thing I'd like to offer on what you said is that I'm -- ofcourse, everybody knows I'm a dog person. My dog is never on a leash unless it's totally required, because he's under my control. If he's not, he wished he had been. And, you know, I do -- I do believe that dogs should have a place to run free, as long as they're under control of their owners. It's pretty hard to throw a stick or throw a ball and have them go fetch it on a leash. You know, that -- that doesn't work very well. Or throw a dummy out into the water and ask them to go swimming and drag a leash along with them, those kind of things. But I know this is a public area, and it may be different as opposed to some private areas. But I am sympathetic toward this situation, and I do -- I'm a -- I understand the problem, and really need to see what the law comes up with when. it all comes down to the end. But -- MS. BAILEY: Do you want our office do the agenda -- the request item, or do one of y'all -- COMMISSIONER WILLIAMS: What's that`? MS. BAILEY: Do you want our office to prepare the agenda request item for the next meeting, or is that going to come from the Court? COMMISSIONER WILLIAMS: I'll get with you and Rex. MS. BAILEY: Okay. COMMISSIONER LETZ: Judge, I believe Mr. Miller also had a comment. °~,,,r MR. MILLER: Good morning. I'm a dog lover. I am. But let me just give you. one other aspect -- JUDGE TINLEY: Give your name and address. MR. MILLER: My name's Bob Miller, Texas Arts and Crafts Fair Association, and I run River Star Arts and Events, which is next door to Flat Rock Lake Park. We've had a problem recently with the dogs not on a leash rumling through the park, especially early in the morning after we've had an event on the weekend, and getting in the trash, spreading it all over the place. And one of my problems is -- I have no problem with having dogs unleashed, but there needs to be a fenced, controlled area for that to happen, you knotiv, because we -- you've got lots of businesses and homes adjacent to that park that are not a part of -- don't want to be a part of -- of the dogs running loose. But I think if a dog park is, as such, designated for a park and fenced and set up, it will he wonderful. I'd even take my dog out there. JUDGE TINLEY: Thank you, sir. Any member of the Court have anything further to offer in connection with this? COMMISSIONER LETZ: No. (2) Animal Establishments must pay the "Establishment Fee" each year, in lieu of registration. 3.2 PENALTIES (a) A person commits an offense if: (1) the person fails or refuses to register or present for registration a dog or cat owned by that person. (b) An offense under this section is a Class C misdemeanor. 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If you are handing out any material or documents to the Court, please make sure you have one extra copy for the Clerk to ensure that one is put into the record. Name: Rp I~-,~_~ T ~ Address: Telephone: ~ `~ ~~.,~, } :c~.~ ~, ~', .. Place of Employment: ~~ Employment Telephone: Do you represent any particular group or organization? Yes ~~~ No If you represent a group or organization, please state the name, address and telephone number of such group or organization: Which Agenda Item (or Items) do you wish to address: ~~. ,~' In general, are you for or against such Agenda Item (or Items)? For Against f ~ . ~, Signature NOTE: This Public Participation Forrn must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are.