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Residents, kennel operators press county over proposed dog ordinance definitions; hearing closed for revisions
Summary
At a public hearing on proposed changes to Lincoln County's dog-control ordinance, kennel owners and neighbors pressed commissioners over new definitions for 'boarding facility' and 'livestock operation,' asked for recusal and clarification, and the board closed the hearing for further legal and definitional work.
The Lincoln County Board of Commissioners opened a public hearing May 27 to consider three changes to the county dog-control ordinance aimed at clarifying who is exempt from the barking-dog provision. County staff said the proposed definitions for "agricultural operations," "boarding facility" and "livestock operation" are drawn from Montana code and intended to make enforcement clearer for officers and the public.
At the hearing, Libby resident and kennel operator Ben Barks recounted that in June 2025 he faced nine criminal charges for dog barking that carried potential fines and jail time but that "all nine criminal counts were dismissed" on Oct. 2 after the court found his business met the boarding-facility exemption. Barks asked commissioners to reject the changes, saying the penalty structure in the citations was excessive for barking complaints.
Another submitter, Mity Barks, read a prepared statement through Don Clark that described operating Downtown Kennels as a nonprofit boarding facility, said county health staff later pursued a redefinition, and alleged the county's actions had been personally targeted. The statement requested that Commissioner Tesy recuse himself because of a familial tie to the complainant and urged the commission to vote no on the proposed amendments.
County staff and at least one commissioner responded that state statute already exempts licensed boarding facilities, licensed veterinarians, animal shelters and bona fide agricultural or livestock operations from the barking-dog section. The commissioners said the local changes are meant to provide clearer local definitions so law enforcement and residents understand when the state exemptions apply; they denied that the county seeks to remove statutory exemptions.
Public discussion during the hearing focused on licensing and inspection authority, whether local "kennel" and "boarding facility" should be separately defined, and how many boarding operations in southern Lincoln County hold licenses. Commissioners and staff agreed to add clarifying language and to verify licensing and inspection procedures before returning the ordinance for further discussion.
The hearing closed with no vote. The board said it will revise the draft definitions, consult legal counsel and the health department on licensing and inspection references, and bring the ordinance back for further consideration.
