Riding a horse in Davidson County parks is free today but beginning in January, the Metro Department of Parks and Recreation is going to require a permit to ride.
According to Tommy Lunch, director of the parks department, the permit will cost $30 and will verify that the horse is free of disease and the rider is properly insured.
“In March of this year, the park board directed our staff to look at all fees for all facilities. The park board implemented new fees across the board and the implementation of [the fee for horses] was delayed until January 2011. The permit will do two things. We wanted to make sure was the horses coming into our parks have the Negative Coggins test and they are healthy and able to use the facilities. There is a yearly permit of $30 for Davidson County residents to also provide us with confirmation that they have insurance and this allows them access to bridal paths and horse trails,” he said.
The fees are not just for horseback riders, according to Lynch. Other park users who are also seeing fees include people who make picnic shelter reservations and those who fly model airplanes. There are also new golf course and baseball fees.
Horse lovers like Jennifer Tieche say the fee for horses is a tax and if they are going to tax horseback riding, they shouldn’t discriminate and tax all park users.
“Horse people were not consulted. I have lots of ideas and was not consulted. It is a tax targeting horse people. There are many park users. Why choose this segment to permit and show liability insurance?” she asked.
According to Tieche, many people who use city parks are renters, and do not contribute to the property tax base, which helps pay for parks. Almost all horse people are land owners and pay property taxes.
She calls the permit fee a tax on horse riders.
“There are those who think they are trying to reduce or eliminate horseback riding in the parks,” she continued, adding that horses have minimal impact on trails and unlike dogs, there are no known instances of horses injuring anyone in the parks.
Lynch says this is not a fee just targeting horse people, though he says horseback riding in parks is much different than jogging with a dog.
“They are not being singled out. It is a fee as we looked at everything. It was a fee that had not been applied in the past. One of the things it will do is tell us how many do we have, how many trails are good and appropriate for the horses using these trails. It’s good to have the data to know what is being used,” he said. “Let’s compare it to a bike. If someone falls off the bike, the bike falls with them. If someone falls off the horse, the horse is loose in the park. There are potential liabilities to that extent. Everyone has the right to feel how they feel. We are being prudent managing parks department and apply permits for some activities and other activities that are free and will remain free. We think we are good stewards of the parks, and feel we are acting appropriately from parks standpoint.”
Your dog may be your best friend. Your dog may be a beloved member of your family.
But in the eyes of the law, your dog is little more than property.
Dan McChurch found that out first hand after his dog, Rocky got loose and was shot by William Belate.
Belate lives nearby and claims the German Shorthair attacked and killed his chickens.
McChurch tried to press charges, but says the Wilson County Judicial Commissioner refused because, Belate claims the dog attacked livestock, and under the law, that is a reasonable defense.
According to a Wilson County Sheriff Incident Report:
Rocky got loose from his electric fence. The dog made its way to Belate’s property just off hwy 109 north. Dan McChurch’s 27 year old son, Tyler, found Rocky buried in a shallow grave in front of Belate’s home. McChurch says the dog was shot three times.
The sheriff report indicates that the younger McChurch and Belate got into a physical altercation over the incident. The report indicates the younger McChurch pushed Belate who struck McChurch with pliers. The wound required stitches.
Belate tells deputies that the dog attacked his chickens.
Tennessee Law states:
44-17-201. owner’s liability
where any dog shall kill, or in any manner damage, any livestock in this state, the owner or harborer of such dog shall be liable, in an action for damage, to the owner of such livestock.
44-17-203. killing or injuring dogs; defenses
in an action for damages against a person for killing or injuring a dog, satisfactory proof that the dog had been or was killing or worrying livestock constitutes a good defense to such action
Dan McChurch is a 53 year old senior manager for a major corporation. He had this to say.
“Rocky is part of the family. My son, Tyler, goes back to the man (Belate) and said you shot my dog. He says no I didn’t. Tyler says you shot my dog. He says no I didn’t. Third time he said you shot my dog and he said yeah I shot your “F-ing” dog. Then my son pushed him, and the man hit him with pliers.”
“So your son provoked him,” I say. “He started the altercation.”
“Correct,” the elder McChurch says. “That’s when another man came out with a gun and said get out.
McChurch says the law in Tennessee regarding shooting someone’s pet is weak.
“There is nothing to protect pets. I understand a coyote. But this dog had a collar and a receiver. They were not bothering anyone, two neighbors say. Did they shoot them for sport, or were they defending the chickens. As of today I have seen no dead chickens.”
“What do you say to Mr. Belate?”
“I would hope this lingers with him through his life. He shot someone’s pet, at expense of some chickens. He had other options. He could have called the sheriff. He could have shot in the air. Rocky was shot in the street.”
Mr. Belate is soft spoken. He tells me that he is upset that it has gotten to this point. Here is his account of the incident.
“The dog killed my chickens.”
“Can I see them?” I ask.
“There are only two left, he says.”
“So the dog killed your chickens. What did you do?”
“I shot the dogs.”
“Did you see it?”
“Yes.”
I ask about the physical altercation.
“He pushed me three times. I got out of the hospital Thursday. I was in no condition to fight a man fair. I am going to be 49 in December.”
I ask about the chickens.
“They got ate. I am not happy with it. I am not going to allow it to happen. I feel bad about what I had to do. I didn’t like anything about it. I never seen them dogs before. I didn’t know if they were from the area or what.”
I again ask if he saw Rocky attacking his chickens.
“I saw it. I wouldn’t do what I did if I didn’t.”
I ask Mr. Belate what he would say to the McChurch family.
“He took something from me I cared about. It is not right either way. Unfortunately it went down like it did. I wasn’t going to lose more livestock to his dogs running free. Unfortunate it occurred this way. I feel sorry for their loss. However I have to protect my property, what is mine. The sooner they accept that the better off it will be.
As far as I am concerned it is done.”
I ask how the dog got buried in the shallow grave across from his home.
“That is the weirdest thing. This girl in this house back here. They came up here with a shovel and buried the dog and he thinks I did.”
At this point, Mr. McChurch says he plans to files a civil suit in this matter
Mr. Belate says someone slashed his wife’s tires. He filed a report.
Mr. McChurch assures Messed Up that his family had nothing to do with that.
Warmer weather is on the way, and in Sylvan Park that means more joggers, bikers, and kids playing outside. Residents say the warmer weather also brought a pack of wild dogs that has been on the loose for weeks.
Kris Egan is a professional dog walker who lives in Sylvan Park. Egan has seen the pack and she said they can be vicious.
“It’s a pack of five of them. There’s an Akita and two shepherds and a Lab with a broken back leg. They bit a girl up the street, and last week, a jogger. They attack people on bikes all the time.”
Her dog walking partner, Michelle Resch, has 3 slobbering and friendly Bull Dogs on leashes. Resch is equally passionate about the need to capture the pack.
“They attacked and killed a Chihuahua and some cats. And we are afraid it will be a child in a stroller or on a scooter next,” Resch said.
“We call animal control over and over and over,” Egan quickly interjected. “We are trying to get signs on the greenway, and we have called and got barely any response.”
“We have talked to the captain of the Parks Police, and we have talked to the head of animal control,” Resch joined in. “We have complained to councilman.”
Messed Up asked why this is so concerning.
“These dogs are not kind dogs,” Resch said. “They operate like a pack. We haven’t run into them with our dogs, knock on wood. That Chihuahua, they shredded that dog in a lady’s yard. It was tied up, and on a cable, and they killed it her yard.”
Andy spent a great deal of time on the phone with Metro authorities.
Billy Biggs with Metro Animal Control told me he is authorized to tranquilize the animals, but he has to be accompanied by a vet who has limited hours. Unfortunately for everyone, the dogs have their own schedule.
“We’ve been out there every time they call,” Biggs said. “We can’t catch all of them. We are waiting for an opportunity. I have to take the vet with me to tranquilize,” Biggs said with a sense of frustration in his voice.
The women want to put up signs on the Greenway. Biggs is in favor of that.
Andy also spoke at length with Captain Rich Foley. He is a Metro Police officer who is working with the Parks Department.
“We can’t go shooting dogs unless there is imminent threat. This falls under the same legal justification of shooting a person. To discharge a firearm, it must be in defense of yourself or another,” Foley said.
The Captain repeatedly told Messed Up that this issue is very concerning to him and the department. He sounded frustrated that capturing 5 to 8 dogs has been so difficult.
“It is frustrating not to be able to catch the dogs,” he said. “We are handicapped; we don’t have training or equipment to deal with dogs in this capacity. We refer this to animal control. But with that said, we are here when they have issues with the dogs. If you are in immediate need, definitely call the police. We are concerned. We need these dogs collected. Honestly, I am very concerned, and concerned about getting these dogs.”
Metro has put out at least one trap, which Egan says is not effective at all.
She showed Andy the trap, and it was sprung. Egan said birds routinely spring the trap, so dogs couldn’t get in even if they wanted to. Egan also said she is the only one who ever puts food in the bowl.
If you see the dogs, be cautious and call authorities immediately.
615-880-3429 should ring right into the park police office.
The Federal Americans with Disabilities Act states that it is against the law to discriminate against a person based on disability. Under the same law, if that person uses a service animal, then a place of public accommodation - like a motel - cannot refuse service.
So when a Clarksville motel allegedly refused to allow a blind man to check in because of the man’s Seeing Eye dog, the man was upset.
His name is Michael Turner. He has been blind since a motorcycle accident in 1999.
The 37 year old now travels with his certified guide dog, Amberz.
“He guides me around and keeps me safe and secure,” Turner said.
According to a Clarksville police report, on August 10th, 2009, Turner stopped at the Microtel Inns-Suites in Clarksville with his wife and 3 year old son..
“I called in advance and said I am blind coming in with my Seeing Eye dog, and the woman says there are no dogs. I said I’m in the parking lot, I’ll be in in a moment to speak with you.”
Even though Amberz is obviously a service animal, Turner said motel management refused to rent him a room.
“I explained calmly and softly it is against the law to do this you are violating my civil rights. This is a Seeing Eye dog, I am blind.”
Turner says the clerk called police. He waited and explained his position to law officers.
“Were you obnoxious?” Andy asked.
“No sir.”
“What happened when the cops came?”
“I wanted an incident report. I felt my rights were violated. Not only my federal rights, but also my rights as a Tennessee citizen,” Turner said.“I felt like Betsy Smith, in the 1950’s trying to sit in the front seat of a bus, and told to go in the back!!”
“So you told the clerk the law?” Andy asked.
“Yes. I explained, calmly and softly, it is against the law for you to do this. You are violating my civil rights. This is a Seeing Eye dog. I am blind, I let her know I am blind and I need this animal to travel with, and it is against the law for you to refuse me, entry into the hotel. She became facetious and obnoxious. She said the owner said, no matter what kind of dog it was, no dogs are not allowed. I repeated the law again.”
Turner says the police filled out a police incident report, and he went to the court and swore out a warrant against the motel clerk the next day.
“Did this bother you?” Andy asked.
“Yes, very much. I never felt the impact of my blindness for ten years. I am persevering and going to college, and now I question my blindness: am I not equal to everyone else?”
That’s Messed Up went to the motel and asked to speak with the owner. While waiting at the front desk, Andy saw a sign that clearly indicates no pets are allowed.
Nick Patel, the General Manager, is listed in the Clarksville Police report.
Andy explained Turner’s story to him, “A man I interviewed, Michael Turner, is blind. He claims he was refused service here, and you wouldn’t let him stay here with his seeing eye dog, which is a service animal. Now there is a court case, so he asked me to get your side of the story. He feels you did him wrong.”
“You have to talk to the owner,” Patel said.
“Well go get him,” Andy responded.
After a few minutes, Nick Patel returned and stated that the owner has no comment.
A day later That’s Messed Up called the motel and again asked the owner to respond to the story. We did not get a call back.
“This is not right. This is America. No matter your disability, your creed, your ethnic race you cannot discriminate and this needs to stop,” Turner told us.
According to the Montgomery County D.A.’s office, the case from this past summer is still in the court system and is scheduled to be presented to the Grand Jury in March.
The charge is “guide dogs to be admitted.” If found guilty, it’s a class C misdemeanor.
Mr. Turner tells Messed Up he just filed a complaint with the U.S. Department of Justice in Washington, D.C.
When notified of the law suit, Kenton Dickerson with the Independent Living Center of Middle Tennessee responded,
“The Americans with Disabilities Act recognizes that service animals such as Seeing Eye dogs are not pets. They are highly trained animals that enable their owners to be independent. Because of this, the law says that public accommodations such as restaurants, hotels, etc. cannot ban them.”
Just a note to let you know that perseverance does pay off. Had my final court date today. The dog owner has paid all my out of pocket expenses through the criminal court in restitution. He has also provided certification of vaccination status on the dog, which is still alive and kicking. It’s been a long road, but staying the course was definitely worth it.
If you see those dogs continuing to run loose on Posey Hill road, PLEASE call animal control to report them. I hope this owner has learned his lesson.
On another note, there is a workgroup meeting on Tuesday evening, Feb 9, at the county courthouse in the county commission conference room 2. The purpose of this group is to write a proposal for implementing a system to quarantine dogs that bite. This resolution will be going before the full commission, but I’m not sure when. Will know more after Tuesday. The meeting is at 5:30 if you are interested in attending. I am going to be making a statement during the comment phase. This is a first step toward overhauling the county animal control program.
We are going to get this fixed!!! Good things are happening - we just need to hang in there and stay strong!
Maury County lawmen have a “who done it” on their hands.
Who spent hours New Year’s Night, cutting over a 1,000 wires, and removing 41 sections of fence, allowing 22 cows to escape onto Theta Pike?
Melvin Potts has lived on the bucolic 60-acre spread for most of his life.
With temperatures well below freezing, the 67 year old is notified January 2nd that his cows are everywhere on the steep and windy road.
Potts summons friends and family who spend the next 2 days repairing the fence and herding the cows back into a pen.
Potts jokingly tells me that this is a hate crime; someone who hates fences and hates cows.
“Saturday morning my neighbor came to me and said my cows was out. My first reaction was a tree blew down across the fence. Or someone ran through my fence. I got my tractor and feed for the calves, and noticed the fence all cut. I thought I had better neighbors than this, but evidently I don’t. It took a lot of time. It took a lot of energy especially as cold as it was and it was I the 20’s.”
Maury County Detective Jerry Williams isn’t laughing. The grizzled investigator has worked countless cases, but none like this, which obviously required a great deal of time.
“I never seen this many cuts. I have seen cars go through a fence, but never something like this.”
Sheriff officials say they need the public’s help finding out who did this.
The only real clues are the timing of the vandalism. Officials say it happened either late New Year’s night, or early in the morning of January 2nd. It happened on Theta Pike not far from Race Legend, Sterling Marlin’s farm.
To help expedite that informational flow, Potts tell me he plans to offer a “substantial reward” for information that leads to an arrest of the vandal.
If you have any information contact the Maury County Sheriff’s Department at 931-380-5725.
Metro Police arrest an Antioch man charging him with five counts of cruelty to animals.
Animal Control authorities say the dogs were injured and covered with blood.
It happens Monday, November 2nd.
According to police affidavits; Metro Police and animal control raid the home of Miodrag Zimonjic after his wife reportedly calls 911
According to arrest reports: The 38 year old was “very intoxicated” and in the back yard, allegedly fighting two of his pit bulls.
Animal Control Supervisor Billy Biggs was on the raid. He says there was so much blood; it looked like a murder scene.
A few days later I see one of the dogs involved. His eye is badly injured, covered with a medicated ointment.
The dog seems very calm and many of the shelter staff kiss the dog’s face.
Biggs is disgusted by the entire event. He says that dog fighting is a much bigger problem in Davidson County than people realize.
He shows me an undercover video put out by the Humane Society of the United States, which estimates more than 100,000 Americans participate in the illegal blood sport.
We go back to the Zimonjic home. Nobody answers. In the back we find several dog houses, and heavy chains, but no animals.
Biggs says laws are changing regarding animal fighting. So are rewards for information that leads to convictions. A poster promising 5,000 dollars hangs on the door leading into the quarantine area of the shelter.
Biggs tells us that the dogs will recover and be kept safely till the case can be adjudicated.
Then, in what could be the cruelest twist of fate, perfectly healthy and seemingly friendly animals will be destroyed. Biggs says there are few options because the dogs have shown a propensity to fight and are not suitable for adoption.
I just saw your That’s Messed Up - Update and listened intently to the story of the lady in Wilson County bitten by the pit bull and the dog was allowed to stay home while they watch for rabies. I was unable to attend the County Commission meeting due to my work schedule, but was glad to see that you reported on this meeting so quickly. I, and many of my neighbors, share this lady’s frustration with the lack of action concerning loose dogs in this county. It is unbelievable.
Upon moving to my current home last November, I began walking my dogs in my neighborhood as well as the adjoining neighborhood. My dogs and I were attacked three separate times by the same “pack” each time we walked on their street. I called Wilson County Animal Control at least 10 times. The first time I called, the lady knew one of the dogs that had attacked us, had even picked up the dog previously, and stated that Animal Control had received numerous complaints about these dogs. She sent the three owners that I identified a copy of the Tennessee Leash Law. My dogs and I were attacked again and I have not walked my dogs on that street since. Animal Control stated that when they are “out in this area” they drive down that particular street and the dogs are always in their yards, therefore, there is nothing they can do. One of my neighbors was pushing his daughter in their stroller and the dogs came into the street at him. I even tried to stop these dogs from attacking and killing my neighbors cat one morning, but was unable to get there in time. They chased my cat and tried to attack him, but I was able to intervene. The dogs roam the neighborhood at will; the owners do nothing to keep them home. I have called the mayor, Mr. Dedman, and complained. No help. I went to the Sheriff’s Department, filed a complaint, and then went to see a Judicial Commissioner. The commissioner explained that I would have to file charges, the owners would be arrested and brought to court. However, as I live alone, I feared repercussion against my dogs or myself, if I pressed charges against the three owners. So I dropped it. Many neighbors carry sticks or pepper spray when walking in the neighborhood.
Thank you for reporting on this story. Please keep attention focused on Wilson County Commission, the County Mayor, and Animal Control, and maybe we can change this situation before it goes beyond killing cats to harming a child or an adult.
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Horse lovers like Jennifer Tieche say the fee for horses is a tax and if they are going to tax horseback riding, they shouldn’t discriminate and tax all park users.
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Dan McChurch found that out first hand after his dog, Rocky got loose and was shot by William Belate.
Belate tells deputies that the dog attacked his chickens.
Here’s a nice Messed Up Update to 
On another note, there is a workgroup meeting on Tuesday evening, Feb 9, at the county courthouse in the county commission conference room 2. The purpose of this group is to write a proposal for implementing a system to quarantine dogs that bite. This resolution will be going before the full commission, but I’m not sure when. Will know more after Tuesday. The meeting is at 5:30 if you are interested in attending. I am going to be making a statement during the comment phase. This is a first step toward overhauling the county animal control program.
Animal Control Supervisor Billy Biggs was on the raid. He says there was so much blood; it looked like a murder scene.
