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Cemetery board minutes flag gopher overrun and a Memorial Day shooting; resident urges county action

Daniels County Board of Commissioners · August 5, 2024
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Summary

A resident told commissioners that cemetery trustees are confronting a severe gopher infestation and that a Memorial Day shooting incident at the cemetery raised safety concerns; the cemetery board considered but failed to pass a no‑discharge rule and is exploring pest controls including gassing holes.

A Daniels County resident, John Rbrand, delivered extended public comment reporting that cemetery trustees are struggling with an extreme gopher infestation and that a Memorial Day incident in which a local resident fired a shot at gophers on cemetery grounds prompted concern and police involvement.

Rbrand summarized preliminary minutes from the cemetery board (June 19 and July 17) showing discussion of gopher control approaches, mention of a shooting incident on Memorial Day that drew a police response and several failed motions at the cemetery board: a proposed public notice in the paper asking people to contact the board before taking pest control actions, and a proposed district rule against discharge of weapons on cemetery grounds both failed to win approval. Cemetery trustees have experimented with a donated Honda engine adapted with a muffler fitting to gas gopher holes and plan to instruct workers on that method.

The transcript records law enforcement guidance: a deputy (Rex Morgan) discussed application of Montana code (transcript cited "45‑8 d111") and opined that a public‑nuisance charge may require a substantial number of persons be endangered (for example, during a funeral) and might not apply to isolated incidents; county staff suggested further coordination with the sheriff’s office to determine enforcement options. Rbrand said he remains concerned about safety (ricochet risk, proximity to highways and markers) and urged the board to check what other cemeteries do and to explore signage or other safety rules.

The board did not take formal county action at the meeting; Rbrand asked commissioners to consider options or guidance to ensure cemetery safety and to coordinate with the sheriff’s office and cemetery trustees.