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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Commissioner Oehler
MEETING DATE: June 22, 2009
OFFICE: County Commissioner
TIME PREFERRED: 10:00 AM
SUBJECT: Public Hearing regarding the on proposed changes to the "Order Requiring
the Registration of Dangerous Wild Animals".
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Oehler
ESTIMATED LENGTH OF PRESENTATION:
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:
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.
ORDER NO. 31306
CHANGES TO ORDER REQUIRING THE REGISTRATION OF DANGEROUS
WILD ANIMALS
Came to be heard this the 26th day of May, 2009, with a motion made by Commissioner
Oehler, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4-0-0 to:
Approve setting a Public Hearing for June 22, 2009 at 10:00 a.m. to change the present
Dangerous Wild Animal Order to grandfather those that are already here and allow a 4~
day grace period to allow registration of those who currently have them, after the
adoption of the order, to come into compliance, and thereafter ban any further animals.
STATE OF TEXAS §
COUNTY OF KERB §
ORDER REQUIRING THE REGISTRATION OF
DANGEROUS WILD ANIMALS
WHEREAS, this Order is adopted under HEALTH AND SAFETY CODE, Chapter 822 E;
WHEREAS, the dangerous wild animal registration program is adopted to protect the health and
safety of the residents of Kerr County;
WHEREAS, the registration program applies in the unincorporated areas of Kerr County;
IT IS HEREBY ORDERED by the Commissioners' Court of Kerr County:
That, henceforth from the date of this order, pursuant to Local Government Code Section
240.002(a), no person may own, keep or have custody of an animal defined under Health and
Safety Code, Chapter 822 as a dangerous wild animal.
2. That persons currently owning, keeping or having custody of the following animals are
required to register said animals and may own, keep, or maintain custody of:
Lions, Tigers, Ocelots, Cougars, Leopards, Cheetahs, Jaguars, Bobcats, Lynx,
Servals, Caracals, Hyenas, Bears, Coyotes, Jackals Baboons, Chimpanzees,
Orangutans, Gorillas, Wolves, and hybrids of these animals.
This exception shall only apply to currently registered animals and is not transferable to any other
animal .
The Animal Control Office shall implement the registration program;
The Animal Control Office shall administer and enforce the registration program in accordance with
HEALTH AND SAFETY CODE, Chapter 822 E. The Animal Control Office shall prescribe the
application form and the registration certificate required by HEALTH AND SAFETY CODE, Chapter
822 E.
IT IS FURTHER ORDERED that a person may not own, keep, or have custody of an animal to which
this order applies unless the person obtains an annual registration certificate from the Animal Control
Office. A person is not required to obtain a registration certificate before , 20
The Animal Control Office shall collect a nonrefundable $50.00 fee with each application for issuance
or annual renewal of a registration submitted under this Order. However, a person may not be charged
more than a total or $500.00 in fees regardless of the number of animals the person is registering.
A person commits an offense if the person violates the registration requirements imposed under this
Order, fails to display a registration certificate in accordance with HEALTH AND SAFETY CODE,
Chapter 822E, or fails to notify the Animal Control Office of the attack of a human by a dangerous
wild animal or the escape of a dangerous wild animal as required by Chapter 322 E, HEALTH AND
SAFETY CODE. Each animal with respect to which there is a violation and each day that a violation
continues is a separate offense..
A person commits an offense if the person knowingly transfers or sells a dangerous wild animal to a
person who docs not have a certificate of registration for the animal. An offense under this Order is a
Class C. misdemeanor.
A person who fails to register a dangerous wild animal in accordance with this Order and Chapter 822
E, HEALTH AND SAFETY CODE, is liable for a civil penalty of not less than $200.00 nor more than
$2,000.00 for each animal with respect to which there is a violation and for each day the violation
continues.
ADOPTED THIS DAY OF , 20_, by a vote of ayes and nays.
KERB COUNTY JUDGE
ATTEST:
Kerr County Clerk
p
PUBIC PARTICIPATION FORM ~ ~~~ h
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FOR (~,tiz i
KERR COUNTY COMMISSIONERS' COURT
INSTRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present
to the COUNTY CLERK rior to the time that the Agenda Item (or Items) you wish to
address are discussed.
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.
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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
From: Bennie M. Hyde
300 A Manor Dr.
Kerrville, Tx.78028
To: Kerr County Commissioners Court
Honorable Sirs;
In response to your request for public input concerning undomesticated
dangerous animals imported into Kerr Co., I would like to submit the following
recommendations:
1. Immediate cessation of the import of any non domesticated, predatory
animals, including reptiles, whose natural instinct far survival, makes them
dangerous to humans or domestic animals.
2. Grandfather such animals presently in the county, provided they are
immediately registered with County Animal Control.
a. A suitable registration fee should be accessed at the time of
registration.
b. All registered animal habitats, cages, ect. should be inspected a
minimum of once a year by County Animal Control to insure such
habitats are adequate and maintained to insure public safety.
c. The registration fee and annual fees for inspections should be
accessed to offset any additional cost to County Animal Control for
/~, additional personnel and equipment.
d. It should be clearly spelled out in detail that this responsibility of the
C2~ALi owner to notify county animal control of any change in status of the
animal or it's habitat.
e. Substantial fines should be established for failure to comply. In
addition, the second violation should require the immediate removal of
the animal from the county in addition to the fine.
3. If the Court decides to allow the future import of these animals, a permit
should be required. Before the permit is issued, registration and inspection
of habitat should be performed by County Animal Control.
Finally, it should be make clear to the owners of these types of animals, if they
should escape, substantial fines and the total cost of recapture or disposal of the
animal, will be the owners.
Thank you for your c nsideration,
~~ yr~rt.w 1'~C c=rC.~
Bennie M. Hyde