City clarifies new bear ordinance

A letter sent out to residents regarding changes in the city’s bear ordinance created some confusion about the penalty for not complying with the ordinance.

Following a rash of calls to police this fall concerning black bears in town, Whitefish last month passed an emergency ordinance that expands its bear ordinance citywide.

Resident Alan Conner addressed city council at its Nov. 3 meeting. He said securing garbage containers from bears is a good idea, but his problem came with ordinance language in the letter that says, “any party convicted of violating the ordinance will be guilty of a misdemeanor and subject to fines.”

“A misdemeanor is a criminal offense and could have long lasting implications for somebody,” Conner said. “I don’t have any problem with a fine — protecting the bears and the people — but I have a problem with it being a criminal offense.”

The letter notifying residents of the changes was sent out with city water/sewer bills. The language in the letter came directly from the ordinance.

Council asked for clarification on the ordinance.

City Attorney Mary VanBuskirk cleared up the confusion saying that violation of the ordinance can result in either a fine or a misdemeanor criminal charge, but not both. VanBuskirk said by including both a fine and misdemeanor as a possible penalty that gives the city the option to decide which option to use to enforce the ordinance.

Under the ordinance, all residents will now be required to keep their garbage cans in a secure location until 4 a.m. on the day of trash pickup, and then return containers by 7 p.m. the same day.

Previously, only residents located north of Denver Street and Bay Point Drive and food businesses north of the BNSF Railway tracks were required to have bear-resistant containers and follow the roll-out rule.

The emergency ordinance will be in effect for no more than 90 days. The focus of the ordinance will be the hour restrictions.

The city intends to create a permanent ordinance requiring bear-resistant containers throughout town.