Several local cattlemen raised questions and sought clarification at Monday’s meeting of the Ellsworth County commissioners regarding a pamphlet produced by the Ellsworth County Sheriff ’s Office.

The pamphlet deals with livestock running at large. The pamphlet notes that beginning Dec. 1, Sheriff Murray Marston plans to instruct his deputies to enforce the following policy: Whenever the owner or the owners (authorized agent) has any livestock running at large in violation of KSA 47-122, and amendment thereto, and such livestock remains on a highway as defined in KSA 14-24, the Ellsworth County Sheriff ’s Office will issue a written warning to the owner or owners (authorized agents) for maintaining or committing a public nuisance.

Further, when a second or subsequent violation occurs within a seven day period or for a third or subsequent violation within a 30 day period, the owner or owners (authorized agent) will be issued a notice to appear in district court for maintaining or committing a public nuisance. One local cattle owner, Mark

One local cattle owner, Mark Barkow, said he received a ticket Monday, but had not been notified since May about stray cattle. “Did he give you a warning,” asked

“Did he give you a warning,” asked Commissioner Kermit Rush.

“No,” replied Barkow. “I had no warning.”

Barkow said what happened to him was completely opposite of what the pamphlet states.

“How is a one time critter being out a public nuisance, and why do we get a ticket for it on the first time,” Barkow asked.

“I agree with you,” Rush said. Barkow said if he would have received a warning, he wouldn’t have a problem with it.

“And nobody else does either,” he said. “But they are bypassing the warning, which it specifically says we should get in here.”

Barkow said he has a date next week in Ellsworth County District Court.

Barkow said the pamphlet also talks about taxpayer money being wasted because deputies have to respond to cattle being out calls. “But they went clear out to his ( Jim

“But they went clear out to his ( Jim Bettenbrock’s) place to hand him a warning,” Barkow said. “Isn’t a 50 cent stamp cheaper than driving all the way out there in the deputy’s car?”

Bettenbrock said he wanted clarification.

“The whole intent of this is people not keeping their fences up,” Bettenbrock said. “But what if I have a cow out and then 10 miles away in the same week, a different pasture happens — it’s two separate instances, but it’s two warnings. That equals a ticket.”

“If it’s a habitual violator, I can understand that,” Rush said.

Jim Zamrzla, another local rancher, said sometimes it takes a while for a cattle owner to realize his cows are out.

“You have a cow out, you go over and put the cow in, you check your fence, everything looks fine,” he said. “That cow has a mind of her own. The next day, she could be out again. And if that happens, you’re going to get a ticket. It might take you a couple of days to get that problem taken care of. I don’t think that’s really fair.”

“They need to ask you some questions before they give you a ticket,” said Commissioner Steve Dlabal.