Judge to man: Keep quiet during hunting season
08:29 PM CDT on Thursday, September 21, 2006
From Staff and Wire Reports
ITALY - An Ellis County man has been ordered by a judge to keep the noise down on his property during deer season after he was found guilty of a misdemeanor charge of disrupting hunters.
An Ellis County jury found Galen Morris, 38, guilty on Tuesday of violating one count of the state Sportsman's Rights Act. He was found not guilty of a second, similar charge.
The judge in the case ordered Morris to make sure his children don't disturb hunters on a neighboring property by playing loud music or driving four-wheelers before noon or after 4 p.m. during deer season, which starts in November. Morris was also issued a $250 fine and a year of probation.
"I kind of got mixed feelings out of it," Morris said. "Basically what they're saying is, during deer season you got to keep your kids indoors. You could sneeze and scare a deer off."
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The Sportsman's Rights Act makes it illegal "to intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife."
Peggy Carroll, part owner of a ranch neighboring the Morris property, said the court's decision is fair. She said she hopes the noise restrictions and threat of jail time will keep it quiet for the hunters who use her land.
But Morris' lawyer, Waxahachie attorney Mark Griffith, said he's advising his client to appeal.
"This is just unbelievable to me," Griffith said. "This is really about what rights do you have on your own property."
Karl Kinsel, executive director of the Texas Deer Association in San Antonio, said the law was intended to stop people who "purposefully created noise to disrupt hunting."
Noise from four-wheelers would likely run deer off, Kinsel said, but such conflicts should be worked out between the neighbors, Kinsel said.
In San Antonio, new housing developments near ranch land with hunting leases have caused friction between landowners and homeowners, he added.
"The cities have moved to the rural properties," he said. "We have to respect the neighborhoods and they have to respect the rural areas."
"This case concerns me," said Jimmy Gaines, president of the Texas Landowners Council. "Cows make noise, donkeys make noise - there are noises with agriculture such as plows and other equipment. This jury may be abusing this guy."
In recent years the Texas Legislature has tried to pass laws allowing counties to regulate noise based on decibels and distance, but the bills have not passed. Usually, laws aim to restrict noise during nighttime hours when most people sleep, Gaines said.
"This is peculiar all the way around," he said.
Urban sprawl near a ranch in Frisco became contentious when residents complained of hearing gunshots during dove hunting season.
Ranch owner Wayne Kirk, who owns 1,200 acres in Frisco, said the urban and rural lifestyles will occasionally conflict, but that most disagreements can be worked out when everyone meets to discuss the issues.
"When people buy a ranch or farm they spend a whole lot of money so they can do what they want to do," he said. "The neighbors should talk to each other about it."
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Judge says , Don't bother Thy Neighbor
