County to rework litter ordinance draft

Citing concerns for residents’ health, a desire for aesthetics and a want to put existing ordinances in one document, Lincoln County commissioners on Wednesday presented a draft litter ordinance that drew both praise and criticism from about 30 people who attended a public hearing.

“I think (people) were a little more in favor of the (draft),” said Environmental Health Director Kathi Hooper. “Many people, who did not speak at the hearing, came up to me afterward and to my office and voiced support for the ordinance.”Hooper said the draft ordinance, which seeks to broadly police trash, junk, unwanted household items, animal carcasses and  myriad other items, would make it unlawful in Lincoln County to openly store or allow these items to sit within plain view of the public from a roadway. In most cases a solid privacy fence could serve as a barrier.

“No, a chain-link fence does not constitute a barrier,” Presiding Commissioner Tony Berget said.

Hooper cited health concerns associated with junk, trash and other debris, saying they make homes and feeding areas for rats, feral cats and other rodents.

Libby Volunteer Fire Department Chief Tom Wood lauded the draft for tthe same reasons.

“I applaud your efforts,” Wood said. “I have seen over the years we have not had (enforcement).”

Wood said with diminishing mining and logging jobs, the county is turning more toward tourism as a source of jobs and revenue. This ordinance, Wood said, could enhance the county’s image and further promote tourism.

Wood also spoke about the safety aspect of the draft ordinance.

“Now, I’m going to put on my fire chief’s hat,” Wood said. “We’ve had some fires where there was so much (debris) that our firemen can’t get in there to fight.”

 Rhoda Cargill of Troy took exception to the draft.

Cargill was adamant about the ordinance in its present form.

“I can’t support this. I am diametrically opposed to this,” Cargill said. “This ordinance does not define litter. I’ll buy anyone lunch who can find in this a definition of litter.”

The issue of whether an antique car or a rustic farm implement in a front yard is art or junk essentially pits neighbor against neighbor.

Former Lincoln County Commissioner Rita Windom presented a solution.

“I think an appeals board is the solution,” Windom said. “An impartial appeals board could decide this.”

Aubyn Curtiss, a former state senator, said she believes the draft proposal to be unconstitutional.

“I believe this could be constitutionally challenged,” Curtiss said. 

Still, there are others who see the draft as a good step in the right direction.

“My sister owns a home at 409 Minnesota, and she can’t sell the home because of the condition of the neighbor’s home,” said Carol McAllister. “The realtor told her she would not even list it. As it is now, she can’t even rent it.”

After the hearing, McAllister said she favors the proposed ordinance for all the reasons. “I do think it’s a good idea,” she said.

On Thursday, Hooper said she has taken concerns expressed by persons attending the public hearing and planned to include them into a revised draft for review by County Attorney Bernie Cassidy by the end of the week.

Berget called the draft “a first effort.”

Berget said the county is in no rush to approve the ordinance and would review it again soon. He also said there would be a public hearing in Eureka.

As the draft is now written, county residents in violation would first be issued a written warning to police their property, and if a compliance plan is approved, there would be no further action. However, if there is no action, a misdemeanor fine of $200 could be imposed.

Hooper said she hoped to have the ordinance approved by the end of the year at the latest.