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Council decision puts tall weeds in the right category

| December 11, 2012 10:37 AM

Libby City Council members on Monday approved Ordinance No. 1826, and it just makes good sense.

The ordinance updates city penalties that will make such things as failing to cut grass or shovel walks in a timely manner simple civil infractions rather than criminal misdemeanors.

Understandably, folks who are cited for a criminal violation take an exception, so they fight even when it comes to something like grass cutting or shoveling.

Certainly, discourse is good, and there was dialogue on this issue, too, as former Councilman D.C. Orr took exception to the rewritten ordinance.

Orr, who is known for letting little pass without discourse, fears the new ordinance will eliminate basic human rights. 

If this is the case, there is cause for concern. Having read the ordinance and gone through some explanation with city officials on the changes, I did not see how it could be a violation of anyone’s rights. So, I asked City Attorney Jim Reintsma into my office to explain.

Simply, I asked Reintsma whether any rights would be sacrificed by this measure, specifically whether a resident’s rights would be compromised — if there would be any scenario where they would lose their rights to appeal.

Reintsma simply stated there were none.

However, people have a Constitutional right to do what they want — or don’t want — on their property. However, when you live in a city, you must abide by the laws that govern.

As Reintsma explained it, because the infraction was criminal, the accused would fight a $100 fine by asking for a jury trial. That jury trial would cost the city thousands in expenses, ranging from prosecutor’s fees to paying a jury pool.

“This just makes sense,” Reintsma said. “Really, nothing has changed. We’re just making these civil infractions instead of criminal misdemeanors. A lot of municipalities are doing this.”

Seems right to me.

In fairness to Mr. Orr, it was his concern that caused scrutiny, which is a good thing for everyone.

*   *   *

I sure hope folks got out to see the Libby Ballet production of “The Nutcracker.” While those may say it’s the same show as last year, those who watched intently — all the intricacies of a live performance —  know otherwise.

I thought it was just fantastic, and I don’t even have any children in the production.

Lori Stevens and the Libby Ballet pulled off another great event. We are so very fortunate for the production here in Libby and for the opportunities these young people have because of her dedication.

Great job, again, Lori.

*   *   *

As long as I’m on the theater, don’t forget to take in the Pitiful Players’ production of Charles Dickens’ “A Christmas Carol” either this weekend or next.

On Friday, Keith Meyers’ theatrical troupe is performing in Troy at the Lincoln Theater and next weekend there will be two performances in Libby at the Little Theatre.

Take some time either this weekend or next to take in this feel-good Christmas classic.

Truly, Dickens’ tale of epiphany for the ol’ skinflint Scrooge is one to be cherished.

*   *   *

Finally, Dave Blackburn sent me a photo this week he took while up hiking in the Yaak, that of a pair of grizzly bear footprints.

Seems Dave was out and about when he crossed these relatively fresh tracks, and I am thankful he thought to toss down his cap just for scale.

As someone who saw a grizzly about 15 months ago while hiking, I’m glad he just saw the prints.

Be safe, Dave.

(Alan Lewis Gerstenecker is editor of The Western News. His column appears weekly.)