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 45 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. 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: May 26, 2009 OFFICE: County Commissioner TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on proposed changes to the "Order Requiring the Registration of Dangerous Wild Animals" and set a public hearing. 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. STATE OF TEXAS § COUNTY OF KERR § 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: 1. 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 does 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 ~D~ PU~~~C PARTICIPATION FORM ` .-~ FOR y` 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. Name: Address: 0~ Telephone: 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 Agen~tem (or Items)? F Against NOTE: This Public Participation Forrn m e pres nted 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 Page 1 of 1 Cheryl Thompson From: Cheryl Thompson [cthompson@co.kerr.tx.us] Sent: Tuesday, May 26, 2009 2:28 PM To: 'West Kerr Current' Subject: NOTICE OF PUBLICATION-DANGEROUS ANIMALS.doc Attachments: NOTICE OF PUBLICATION-DANGEROUS ANIMALS.doc Please provide proof before publication. Thanks Phyllis. 5/26/2009 E-Mail to Phyllis at the West Kerr Current (wkcurrent@classicnet.net) (367-3501) Please publish in the "Notice Section" as a Line Ad, on the following date: Thursday, June 4, 2009 Please send the bill to the Kerr County Clerk's Office, Attn: Cheryl A. Thompson, 700 Main Street, Room 122, Kerrville, TX 78028 Thank you. Word/Comm Crt/Notice ofPublication-Revision of Plat.doc NOTICE OF PUBLIC HEARING Notice is hereby Given that a public Hearing will be held On June 22, 2009, at 10:00 a.m. in the Commissioners' Courtroom in the Kerr County Courthouse For proposed changes to The "Order Requiring the Registration of Dangerous Wild Animals. Any person who Wishes to protest or comment Must appear on June 22, 2009, at 10:00 a.m. in the Commissioners' Courtroom, Kerr County Courthouse, or let it be Known by writing to the Kerr County Judge's Office 700 Main Street Kerrville, TX 78028. A copy of the Proposed Changes may be viewed on the County website at www.co.kerr.tx.us/ or in the County Clerk's Office in the Courthouse. Word/Comm Crt/Notice of Publication-Revision of Plat.doc