New Braunfels Herald Zeitung (Newspaper) - December 7, 1984, New Braunfels, Texas
Ruling due on pit bull case
microplex INC. MITCH WOMBLE P.O. BOX 45436 DALLAS, TX 75245
By DANA STELL Staff writer
Municipal Court Judge David Perkins is expected to rule today whether his court has jurisdiction in a complaint that a city resident owns five pit bulldogs.
An attorney for Viola Gonzales filed a motion Thursday stating that the city ordinance limiting residents to four dogs is not valid because a hearing on the ordinance was held three days after the ordinance was passed.
I submit that there is no ordinance." said lawyer Albert Pena of Corpus Christi. “The only ordinance
on the books was passed Nov. 12, but the ordinance itself was not passed on that date.”
On Nov. 12, Council originally-approved an ordinance allowing a maximum of four dogs over six months of age at one residence. However, there was no notice that an ordinance might be passed that night, so Council on Nov. 15 met again and approved the ordinance.
Thursday afternoon Perkins heard evidence in the case against Gonzales charging that she kept more than four pit bulldogs at her home at 349 E. Garza.
Pena also filed a motion stating that the complaint does not sav
Gonzales acted knowingly, recklessly, or intentionally. “The city ordinance is a penal statute,” Pena said. “A culpable mental state must be shown.”
Perkins must first decide if he has jurisdiction to hear the five complaints (four for barking dogs and one for violating the city ordinance I before making a ruling.
A citation was issued Nov. IB to Gonzales for keeping more than the maximum number of adult dogs at her home. Animal warden Mike Garcia testified that as he walked to the house, he saw five adult pit bulls.
Garcia also testified that he believed the dogs to be over six
months old. However, Pena questioned Garcia’s ability to determine the dogs' ages, especially since he did not look at their tags, ask about their age, or call the veterinarian to ask their age.
The attorney for Cindy Owens, who filed the complaints about barking dogs, attempted to show that Garcia has 21 months of experience with dogs and therefore, is a good judge of a dog’s age.
Garcia’s part-time assistant, Cruz Gomez, said he did not know how old the dogs were, but said they were acting “playful.”
See DOGS. Page I2A
Thursday s provKMl ai
boost for our 0'*;»n Fund Herr- air* < or rows! contributors
Mat (Ret I Clarence and Mary Kirk and an anonymous donor r >* >< • ■ i
a , in Mrs Herman Richter la Lizzie Pickard and Sue Hawsk M.
Sib ii d C Bek RV Park and Simi k Shoppe
chipped in $6 That brines donated food tnbutrons (moi the He)aul cfh
is ti '> i 340 06 no' .m i.ainu) Yon can briny your con ey i a rn .ii (a os* alii' I .nill lo e. 186 S Casten Or yin can
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•W appreciate It
The year is different, but the teams aren’t. New Braunfels and Gregory-Portland clashed in a 1976 playoff game, and the teams’ 1984 editions look a lot like their forerunners. Details in Sports
Not ImMfNt. Tun
Vol. 94 No. 237
December 7, 1984
28 Pages 3 Sections
Jobless rate drops to 7.2 percent
WASHINGTON API Civilian joblessness fell to 7.2 percent last month, the first drop since June, as the creation of roughly 300.000 jobs pushed American employ ment to an all-time high. the government said today.
W itll a record 105 '* million Americans holding jobs, the labor force resumed its dramatic improvement after a four-month period of practically standstill unemployment. the Labor Department said As overall employment set a record, tin' ranks of those officially listed as jobless plunged by approximately 275,000, from 8 43 million to 8.15 million.
I’he November report was the brightest since unemploy merit fell from 7.5 percent to 7 1 percent iii June. The jobless rate, however, bounced back to 7 5 percent aud stay cd in that range through October
\n alternate unemployment rate, which combines the
114-million civilian labor force with the roughly 1.7 million members of the armed forces stationed in the United States, fell even more dramatically, from 7.3 percent to 7.0 percent.
Since national civilian joblessness hit a post-Depression peak of 10.7 percent in November 1982. with more than 12 million people listed as unemploy ed, some 6.8 Mullion jobs have been created, principally service jobs in areas such as retail, hotel, restaurant, hospital, banking and insurance.
Government figures also show that since November 1983, when the jobless rate was 8 4 percent, total employment has grown by 3.2 million while the roster of the unemployed has shrunk by 1.3 million.
15 shopping days to Christmas
b/2 B99 81 iToday 's Weather
Loma I County forecast calls for tau today and tonight, turning partly cloudy on Saturday Winds will be light and variable through tonight, becoming southeasterly near lh mph on Saturday High today will be near 60, low tonight in the mid 40s, and a high rn tin* mid 60s is expected on Saturday This morning’s low was 25, and \ esterday’s high w as 53
County eyes plan for new annex
Bv LILLIAN THOMAS Staff writer
Architect Chris DiStephano told commissioners Thursday there would probably be no walkway or bridge connecting the Courthouse w ith the proposed Courthouse Annex It’s almost impossible to touch these buildings i courthouses I.The Texas Histoieal Commission would have to approve any changes rn the courthouse structure like a bridge, and the cost is prohibitive.”
I hStephano said
Commissioners approved $5 million of certificates of obligation to pay for the building of the Courthouse \nnex and remodeling of the Courthouse last month.
Commissioner JU. (Jumbo) Evans suggested, and commissioners reacted favorably to, a tunnel connecting tile basements of the two buildings. Though not a cheap way to go, DiStephano said it would get around the problem of changing the exterior structure and the Historical Commission’s objections
First floor of the Courthouse will
probably be used by the county engineer, county sanitation department. the county clerk and additional storage for the county clerk’s office.
Originally DiStephano planned to put the county engineer and sanitarian where the jail is. and have the county attorney where the district attorney is now on the first floor.
But County Judge Fred Clark pointed out that all the courtrooms that the county attorney would need and the county court-at-law clerk’s office were in the annex. Clark suggested the county attorney needed to be where he would have easy access to all of these, as the district attorney did. The district attorney 's office was planned to be located in the Annex.
The largest part of the second and third floor of the Courthouse will go to the probation department, but the second floor courtroom will be used for large jury panels and as a public meeting room.
The third floor courtroom will be used for Justice of the Peace
See ANNEX, Page 12AWEATHER
3ALocals recall nightmare on Pearl Harbor Day
By WANDA LASATER
The attack on Pearl Harbor 43 years ago is something that most people read about in history books and novels. But to some, it is a Lid dream.
Leroy Bippert and Robert Hill, both of Canyon I .ake, are among the members of Alamo Chapter 2 of the Pearl Harbor Survivors Association The association sponsored a ceremony this morning in front of the Alamo to remember the more than 2,000 men who died in the attack.
Bippert, an electrician’s mate aboard the USS Maryland which was moored next to the USS Oklahoma, remembers the attack as a “bad dream.” The sailors aboard the ship were relaxing after breakfast when an explosion aboard the Oklahoma rocked the Maryland.
”1 looked out a porthole and saw a Japanese plane flying over,” said Bippert. “We always expected to be in the war, but we didn t think it would happen this way.”
Hill who was an ensign aboard the USS Phoenix was visiting his brother, a civilian employee at Hickam Field, when the attack started shortly after 8 a.in. ”1 threw on my clothes and dashed to the road where I hitchhiked back to the base.”
When Hill arrived at the dock, a boat was waiting to take him and
See PEARL HARBOR, Page 12A
Apartment developer to seek financing help from new panel
A local attorney asked county commissioners Thursday to revitalize the Comal County Housing Finance Corporation, so that the company he represented could possibly get a rum-taxable loan to build here.
John (’bunn, representing the Park Development Corp., asked that the Comal County Housing Finance
Corporation be re-chartered under tile provisions of the Texas Housing Finance Act of 1979 that allows a county to create a Liard to oversee Hie issuing of tax-exempt bonds to build affordable housing.
As with the creation of the Industrial Development Corporation, the commissioners appoint the board members and approve the by laws
Then the Liard determines who will
receive the Liruis and presents their choices to the commissioners for final approval Commissioners agreed to begin the process tit revitalizing the housing finance corporation and rewrite the by-laws. But the board will probably
See FIN ANCE. Page 12A
Boy in coma making progress
Two-year-old Byon Vosika remains in a coma in a San Antonio hospital today, but his mother says his condition has improved somewhat.
“He’s doing about the same.” said Tammy Vosika from the hospital waiting room. “His oxygen mask is off now The only thing is the IV and they're tube feeding him now
“He’s breathing real good now .** Ryan has Lien in intense e care at Santa Rosa Children’s Hospital since Nov. 24 when be fell into the Guadalupe River He was at his grandmother’s home off Texas 46 South w hen the accident occurred.
Two policemen were performing CUR when New Braunfels EMS arrived. Paramedics continued
attempts to revive Ryan on the way to McKenna Memorial Hospital.
Paramedic Randy Toinasnu said Ryan's heart began La ting, but EMS w orkers couldn’t get the child to breathe.
Although still iii a coma. Ryan is responding better to stimulation
See FUND, Page 12A
Someone s waiting.
Firemen douse smoky TV
An electrical short in a portable television set started a small fire this morning at IGI Crockett off FM 725.
It took firefighters about two minutes to extinguish the Barnes, which firefighter Frank Gonzales said were minor
\ met ti and '• 1 vision I
stand under the set had started burning. Gonzales said Because the plastic was also burning, firefighters had to use air packs to go inside the house, which belongs to Ray Gutier rez.
Exhaust fans were used to draw the smoke and plastic fumes from the house
According to Gonzales, two children were at home when the fire started. A worker at Comal County Head Start reported the fire.
Gonzales said Gutierrez’s smoke alarm apparently had melted and did not sound.
The house sustained only smoke damage, firefighters >aid
New Braunfels firemen in vestigate the cause of a fire tins morning at 101 Crockett. The fire started in a portable TV set and spread to the stand, but was put out below it got any further The plastic case of the TV caused plenty of smoke and fumes, as the smoky Christmas decoration at right shows.
lESUF KRIEWALDT HERALD/CHUNG