Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) GIS Data Inventory (Rick Miller)
(3) Discussion of regulation or ban of traveling exotic animal acts (Weinaug)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) Adjourn
Jones called the meeting to order at 6:35 P.M. on Wednesday, June 29, 2005 with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 06-29-05
There were no consent items.
ZONING 06-29-05
Keith Dabney, Director of Zoning and Codes, presented two (2) Applications for Class B & Class C Public Fireworks Display Permits for the Board's consideration. These applications were received from Brent Lathrom and Citizens for Baldwin City. Dabney explained that these applications were received after the deadline, but recommended that the Board waive the process and approve the applications since there was some confusion due to the new fireworks regulations that were passed in March of this year. Jones made a motion to waive the application process and approve the Class B Fireworks Display Applications for Brent Lathrom and Citizens for Baldwin City. Motion was seconded by Johnson and carried unanimously.
MISCELLANEOUS 06-29-05
The Board discussed a proposal to add elephants to the existing Douglas County Vicious Animal Ordinance and no longer exempt traveling circuses from the Ordinance. Judy Carman, Mary Prewitt and Ann Wilson, representing Animal Outreach of Kansas (AOK), and Midge Grinstead, Director of the Lawrence Humane Society, were present for the discussion. This matter was previously discussed on April 4, 2005 and May 12, 2004. At the April 4, 2005 meeting, McElhaney proposed a certification process and the possibility of requiring a Conditional Use Permit for traveling circuses, but no action was taken.
Pam Madl, Assistant County Administrator, noted that she had spoken with Evan Ice, County Counselor, and advised the Commission that the proposal under consideration would only cover the unincorporated area of Douglas County. The Fairgrounds would not be covered under this proposal.
Midge Grinstead, Director of Lawrence Humane Society, stated that she checked into the possibility of a permit system and found it wasn't a viable option for Douglas County, particularly since we don't have any veterinarians in this area specializing in exotic animals. Grinstead noted concerns about the diseases these animals can pass to humans, such as TB. She said that many of these diseases can live in the environment for years causing problems with livestock. She also talked about the numerous complaints the Humane Society receives when these traveling shows come to town. In a couple of instances, the circuses left in the middle of the night after she called law enforcement for assistance. Grinstead stated her dealings have been poor with people that have exotic animals in their shows.
McElhaney questioned whether they are required to provide proof of ownership or immunizations.
Grinstead stated that nothing is provided unless someone has been bitten.
McElhaney then questioned whether they had to have posted regulations.
Grinstead did not know the answer to McElhaney's question, but stated it could possibly be a requirement of USDA.
McElhaney questioned how inspection procedures were different for the traveling shows than for 4-H.
Grinstead said there were no rules for exotics -- the Commission would have to adopt regulations requiring proof of immunizations. She stated again that there were no local veterinarians in this area qualified to deal with exotic animals.
McElhaney asked if we had a way to enforce regulations with livestock and the 4- H program.
Grinstead said that we do have people in this community that are qualified to check these animals.
Jones asked whether there were plans to come back in the future asking for regulations on shows that deal with domestic animals.
Grinstead stated that the Humane Society would never support such a request -- it is not their job. She also stated that exotic animals are not their job either.
Jones noted that exotic animals make it impossible to transport which is not true of cattle. We have no capacity in this community to check the exotic animal's health, but we do have the authority and skills in this community for livestock.
Jones asked for public comment.
Ellis Ralph Hayden, Lawrence, Kansas, spoke in opposition to the ban.
Danny McMillan, Baldwin City, Kansas, spoke in opposition to the ban.
Doug Rich, 3602 Yale Road, Lawrence, past member of Douglas County Fair Board, noted that he had been involved in the meetings with AOK and feels like the statutes currently on the books pertaining to exotic animals are sufficient.
Halley Godfrey, new resident of Lawrence, previously from central Kansas, stated that she has been involved in exotic animal entertainment her entire life. Her family's business takes animals all over the country. She pointed out that most problems are with disreputable circuses. There are many reputable circuses such as Ringling Brothers, Barnum & Bailey and Shriner's. They maintain good records and are easily tracked. If a show can't find their records, that should be a red flag and you probably don't want them in your area. Reputable circuses love their animals -- if you take care of your animals, they'll take care of you. She noted that the USDA has permission to come in unannounced at any time, night or day, to inspect. She suggested that many steps can be taken before a ban is put into place.
Jones asked how a distinction can be made between reputable and disreputable shows.
Godfrey responded that the easiest way would be to require any event to apply for a permit. Most reputable circuses have been around 25+ years.
Becky McMillan stated that she supports circuses and would support permit requirements.
Ann Wilson, speaking on behalf of AOK, noted she grew up in Hutchinson, Kansas and has been to many circuses. She presented a USDA Fact Sheet showing various citations of circuses. She noted that many elephants have died in box cars due to heat. They belong in the wild -- not in captivity. She also stated that this proposal is for exotic animals only -- they have no intention of pursuing rodeos, 4-H, etc.
Judy Carman, speaking on behalf of AOK, noted that these regulations would be for caged animals only. She also noted that since 1990 more than 50 people have been killed and over 100 injured just by elephants in circuses.
McElhaney stated he has had a lot of contact with the Douglas County Fair Board, Douglas County Farm Bureau, the Extension Office, and the rural community involved in the livestock/agricultural business. McElhaney indicated he would be in support of this ban, but noted concerns that this type of regulation will lead to additional bans down the road that would impact the 4-H and Fair programs. He asked AOK if it was their understanding that this would have no impact on the 4-H Fair.
The representatives of AOK agreed that this would have no impact on the 4-H Fair.
McElhaney then stated that he would support the ban mainly out of concern of the disease problems/complications. He also noted that agri-terrorism could be a threat by transporting exotics that are carrying disease.
Jones also indicated he would support the ban.
Johnson stated he would not support the ban as proposed. He stated that while he shares and agrees with the concerns about diseases and health issues, he is not willing to say we should give up on circuses. He didn't see the need to ban circuses because of a few bad experiences.
Jones made a motion that the County Counselor be directed to draft a resolution amending the Douglas County Code as follows:
Additions are indicated in italics
Deletions are indicated in strikethrough.
Chapter II. ANIMAL CONTROL
Article 1. Vicious Animals
2-101. DEFINITIONS: As used in this article, unless the context clearly indicates otherwise, the following words and terms shall have the following meanings:
(d) Dangerous Exotic Animal -- Any live animal which, due to its inherent nature, may be considered dangerous to humans, including a non-human primate or prosimian (chimpanzees, monkeys) and any member of the canidae, felidae, or ursidae, or proboscidae families, including hybrids thereof, and which include:
(1) Any member of the dog (canid) family not customarily domesticated by man, any hybrids thereof, including wolf hybrids which are a cross between a wolf and a domestic dog, but not including domestic dogs (Canis familiaris);
(2) Any member of the cat family weighing over fifteen (15) pounds not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus);
(3) Any member of the bear (ursidae) family or any hybrids there of;
(4) Any member of the elephant (proboscidae) family, or any hybrids thereof.
2-102. ANIMAL CARE: The following shall apply to animals and Owners and Possessors thereof:
(c) Dangerous Exotic Animals -- It is unlawful to Own or Possess a Dangerous Exotic Animal in the unincorporated areas of Douglas County, Kansas.
(1) Exclusion, Zoos, Circuses, and Other Facilities -- The provisions of the Section shall not apply to properly maintained zoological parks accredited by the Association of Zoos and Aquariums; traveling circus; licensed or accredited medical institutions; accredited educational institutions; veterinary clinics or humane societies in possession of Dangerous Exotic Animals for im poundment, treatment, or rehabilitation purposes; or wildlife rescue facilities as designated by the Kansas Department of Wildlife and Parks.
(2) Exclusion, Transitional Transporting -- The provisions of this Section shall not apply to persons transporting Dangerous Exotic Animals through Douglas County, provided that the transit time through Douglas County shall not be more than twelve (12) hours.
Motion was seconded by McElhaney and carried with Johnson opposed.
MISCELLANEOUS 06-29-05
Rick Miller, GIS Coordinator, and Michael Kelly, County Surveyor, conducted a presentation on the GIS Data Inventory. No action was taken.
ACCOUNTS PAYABLE 06-29-05
Jones moved approval of accounts payable in the amount of $818,898.90 to be paid 07/05/05; accounts payable manual checks in the amount of $11,700.00; payroll in the amount of $660,037.95; electronic funds transfers in the amounts of $48,570.42 for FICA and $45,778.10 for KPERS to be paid 06/24/05; and ACH Bank Transfer in the amount of $2,129,036.25 to be paid 07/29/05. Motion was seconded by Johnson and carried unanimously.
Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Jere McElhaney, Member
Time and Date