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Public commenter urges county action after gopher shooting at cemetery
Summary
Public commenter John Rbrand told commissioners the cemetery board is grappling with a gopher overrun and that a Memorial Day shooting incident prompted police action; he urged the county to explore legal and practical measures to keep visitors safe.
During public comment at the Aug. 5 Daniels County meeting, John Rbrand delivered a detailed update from the local cemetery board about an extreme gopher overrun and a Memorial Day incident in which a resident fired at gophers on cemetery property, prompting police involvement.
Rbrand said the cemetery board discussed posting signs and other pest-control methods after the shooting. He outlined failed motions at the cemetery board to prohibit discharge of firearms on cemetery grounds and said the board is testing alternative measures such as using a gas-powered exhaust device to "gas" gopher holes. "We are aware of a significant gopher problem at the cemetery and are taking action to solve it," Rbrand told commissioners.
Rbrand and the board explored whether Montana statute 45-8-d111 (public nuisance provisions) could apply in scenarios where a shooting occurs during an event with a large number of people; law-enforcement guidance suggested the statute might apply in limited circumstances, such as during a funeral when many people are present. Commissioners and the sheriff discussed options including outreach to other cemetery districts to learn best practices and to press the sheriff's office for enforcement if discharging firearms creates a public-safety risk.
No formal county prohibition or ordinance change was enacted at the meeting; commissioners asked staff to gather information from other districts and from law enforcement about feasible steps to reduce the safety risk and improve cemetery management.
