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Public commenter urges action after gopher overrun and shooting at county cemetery
Summary
A resident presented cemetery-board minutes describing gopher overpopulation and a Memorial Day shooting incident; the cemetery board declined motions to add a no‑discharge rule, and law‑enforcement advised that discharge near a highway or during a funeral could meet public‑nuisance standards.
John Lybrand, a member of the public, presented minutes from the cemetery board and described an "extreme overpopulation of gophers" and a Memorial Day incident in which someone discharged a firearm on cemetery grounds.
Lybrand said the cemetery board considered motions to post "no discharge of weapons on cemetery grounds" and to ask the public to notify the board before undertaking pest control; both proposals failed in board votes or failed for lack of a second. The minutes Lybrand supplied record a board discussion of using a gas‑engine exhaust device to treat gopher holes and reference Montana Code 45‑8‑111 (public nuisance) as discussed with law enforcement.
"There is a risk of misunderstanding if motions are not put in verbatim," Lybrand said, urging clearer minutes and active steps to protect public safety. He said a deputy suggested the public‑nuisance statute might apply if a discharge occurred where many people were present (for example, during a funeral); he also noted the potential hazard of shooting near a highway and the ricochet risk around headstones.
The sheriff’s office said it had consulted on the issue and that enforcement options depend on circumstances; commissioners suggested the cemetery board research what other districts do for pest control and report back. Lybrand offered to contact other cemetery districts for solutions and encouraged the county to help find a safe remediation path.
Next steps: commissioners requested more information from the cemetery board and said they would assist with gathering examples of practices from other districts; the public commenter will continue outreach and follow up with the board and the county.
