County adopts resolution guiding estray Miller Creek horses

Martin Kidston

(Missoula Current) After several hearings and years of work, Missoula County this week adopted a resolution addressing a band of estray horses that freely roam Miller Creek and areas south.

The resolution permits private landowners to capture an abandoned horse on their property. It also calls for inspection from the Montana Department of Livestock and guides the transfer of a horse through approved private or nonprofit channels.

County CAO Chris Lounsbury said the resolution also enables the county to enter into an agreement with the Montana Department of Livestock if it becomes necessary.

“It includes signage, some speed control and some opportunities for things like removal under certain circumstances,” Lounsbury said of the resolution. “It also looks at chemical means of birth control.”

The resolution describes an abandoned horse as an animal over the age of one that is unbranded or, if branded, “has escaped assessment for taxation for the year immediately proceeding its impounding.”

It also considers a horse abandoned if it's running at large on the open range.

“In recent years, abandoned horses have become habituated to living within the Missoula city limits and developed residential neighborhoods, have presented challenges for management, constitute a nuisance, and present public safety hazards including threats to motorists, property damage and risks to human safety,” the resolution notes.

The herd dates back to the early 1900s when animals were turned loose from a rodeo. The band numbers between 60 and 100 horses.

“We're happy the commissioners have worked with us so well. We're happy with the resolution as it is,” said Bobby Thompson with the Miller Creek Wild Horse Alliance.

The county is responsible for signs and will work with the alliance on language alerting motorists to the animals' presence, along with proper public behavior around the horses.

The county has no budget for removal, said Commissioner Josh Slotnick.

“We'll potentially work with the Department of Livestock on contraception, and we may spend some money on signage, but we'll wait and see what kind of dialogue we have with the Miller Creek Wild Horse Alliance,” said Slotnick.

Legal experts disagree on whether the county has the ability to enforce the behavior of people around the animals. Retired attorney David Aronofsky believes it does under the state's new nuisance abatement law.

“I believe the county can do something regarding behavior from a legal standpoint,” he said. “It's easy to conclude that petting and feeding horses exacerbates the nuisance. If anyone is exacerbating that nuisance, it seems to me you all have the authority under abatement to do something.”

The Missoula County Sheriff's Department maintains a list of livestock owners and will serve as the point of contact for public concerns regarding the animals.

Commissioners said the process toward the resolution may have taken time, but the outcome has reached broad consensus.

“This has been going on for years. I know people are frustrated with how long it took to get here. But we got to a place where everyone feels good about,” said Commissioner Juanita Vero.