Cascade County

Job Vacancy Announcement

Position: Deputy Sheriff (1) Closing Date: May 25, 2010
Dept.: Sheriff’s Office Dept. Adm.: Sheriff Castle
Type of Position: Full-time Salary: $19.70
Must join Cascade County Deputy Association
Apply To: Cascade County Human Resource Dept. or Job Service

** See attached Job Description (Click here)

Applicants must provide a detailed resume of their work experience along with a completed Cascade

County Employment Application, all requested supplemental documents (Click Here) and a signed copy of the attached Job Description, in order to be considered a complete application.

** All application materials must be turned in to the Cascade County Human Resources Office and date stamped by 5:00 p.m. on the closing date.

JOB REQUIREMENTS

The successful applicant must meet the following requirements:

- Obtain a complete physical and psychological examination by a licensed physician prior to employment;

- High School Diploma or G.E.D.

- Must be a U.S. citizen;

- Be at least 18 years of age;

- Possess or be eligible for a Montana Drivers License and a good driving record;

- Submit to a criminal history and extensive background investigation;

- Successfully complete an oral interview board;

- Attend and successfully complete the Montana Law Enforcement Basic Academy within one (1) year of employment;

- Montana P.O.S.T certified.

The successful Applicant must serve a one (1) year probationary period and may have a criminal background check conducted. Any individual with a felony conviction, a domestic violence conviction or outstanding warrants is ineligible for consideration for employment with the Cascade County Sheriff’s Office.

Notice to Applicants: Applicants who are claiming Veteran’s or Handicap Preference should provide a DD-214 Discharge Document or DPHHS Handicap Certification with their application for employment so that Cascade County may apply the preference during the selection process.

Cascade County makes reasonable accommodations for any known disability that may interfere with the applicant’s ability to compete in the recruitment and selection process or an employee’s ability to perform the essential duties of the job. For Cascade County to consider such arrangements, the applicants must make known any needed accommodations.

CASCADE COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER.


Please click here to be taken to the Cascade County Human Resources Job Listing page.

The following is the letter returned to the Montana Shooting Sports Association in response to their 2010 Questions to the Sheriff letter. As this letter addresses many issues of interest to the public, I’m posting it here on-line as well.

Sheriff Castle

    Montana Shooting Sports Association April 7, 2010
    P.O. Box 4924
    Missoula, M.T. 59806
    Ref: Questions to Sheriff
    Attn: Tom Martin

    Dear Tom,

    I received your questions form and follow up information per our recent phone conversation. While this format is an improvement to questions I have answered before, I believe limiting my answers to a simple agree or disagree would still lead to a misrepresentation of the issues and my position on them. These are complicated matters and I continue to believe a questionnaire oversimplifies them. I recall a previous question from this organization that asked in general if a weapon could be displayed harmlessly. I agreed, but then the same wording was then applied to someone holding a gun or displaying it in confrontation, which of course I believe you and I would agree, it was not harmless at that point.

    As you are aware, I am not one to evade issues, but just the opposite. I appreciate every opportunity to speak about the importance of the only elected office of law enforcement, your elected Sheriff of Cascade County. In Cascade County, it is also a merged office of elected Coroner. I will take this opportunity to answer your following 10 questions.


    1. Sheriff top law enforcement in county. We believe that the elected county sheriff is the top law enforcement official in the county, including that the sheriff has more authority than state and federal law enforcement?

    Sheriff Castle’s response: Certainly our constitution recognizes the special trust and confidence granted by the citizens of the United States through the “Right to Vote” and electing their Sheriff. I believe that right to vote is the essence of America’s republican form of government making that Sheriff accountable to the electorate. With that being said, in the years I have been your Sheriff, in Cascade County, I have never seen “the feds” or “State Police” knock on anyone’s door to seize property without there being a full legal process and/or a court order. I am also confident that as long as I am your Sheriff, the chance of that happening here in the future is zero.

    2. Suit in federal courts. A Wyoming Sheriff and the Wyoming Sheriffs Association recently prevailed in a lawsuit in federal court asserting that federal law enforcement officials could not act in, or even enter, the county without the permission of the county Sheriff. The federal court ruled in agreement with that assertion. Would you support a lawsuit in Montana asserting the same point?

    Sheriff Castle’s response: There are different laws in every state in regard to the authority of law enforcement. There is substantial common law and similarities that legal decisions in any state will inevitably affect persuasive legal precedence. However, it would be speculative and inappropriate for me to commit to a law suit without reason or cause in this state. My answer to the next question will elaborate more.

    3. Law Enforcement Cooperation. Many Montanans, both citizens and people in public office, are concerned about the lack of accountability of federal officers conducting law enforcement operations in Montana. In Montana, we know the county Sheriff and he/she is elected and accountable locally. We believe the Sheriff is the chief law enforcement officer in the county and ought to have the tools to implement that status. MSSA will offer a bill to require federal officers to obtain the written permission of the local Sheriff before conducting an arrest, search, or seizure in the Sheriff’s county. There are exceptions for federal reservations, Border Patrol, Immigration and Naturalization Service, close pursuit, when a federal officer witnesses a crime that requires an immediate response, if the Sheriff or his personnel are under investigation, and other necessary exceptions. This bill was passed by the legislature in 1995, but vetoed by the Governor.

    Sheriff Castle’s response; I applaud your interest and patriotism in upholding the Constitution. You state there are exceptions, such as in Montana another form of government granted legislatively is the “self governing” which is granted to our larger cities such as Great Falls. Although Great Falls is in the county, I believe under that form of elected government by the people, the Chief of Police should reserve authority in determining his/her relationship within that jurisdiction. Keeping the power with the people at the local level is foremost in our constitution and also adopted in our American Creed. It is clear on government being by the people and for the people, which includes setting locally the constitutional form of government they want. I take a firm stand on the local voice of the people having a say with their Sheriff and if they choose a self governing process in a city, their Chief of police. Of course I will always uphold law and especially any law that would preserve that authority with a Sheriff or in the form of self government by the people within a city, their Chief. This sets us apart from other countries. This is a country that will govern its rulers instead of rulers governing the people. I want to thank you and every other citizen who are vigilant in forming our national and local government policies. I will support and help you or any citizen, do so with a foundation of good information, not fear, at-least not the sort of fear that can cause you to focus only on some possibilities and overlook the probabilities.
    I personally agree as a nation, we sometimes lose sight of the foundation our founding fathers put forth. We are taxed at a national level, then our own money comes back to us with strings attached, eroding the liberty and independence that is critical to the balance of power. I believe that our rights will be lost through poorly conceived taxation and loss of control from bad information far sooner than the “feds” will ever gain through force. Again, I wish more people would be involved as you are in the future of our government and as the elected Sheriff I will stand ready to respond on the citizens’ behalf. Should some State or Fed try to seize your wealth or liberty without just cause, then yes! I will protect you!

    4. Firearms. Some law enforcement professionals believe that guns outside the hands of law enforcement personnel constitute a hazard for law enforcement officers. Others believe that the more citizens who are prepared to provide for their own personal protection the safer everyone is, including law enforcement personnel. Do you agree with the first attitude or the second?

    Sheriff Castle’s response: I support the Second Amendment and the right for law-abiding citizens to lawfully purchase and possess firearms. I would oppose any action by any entity that would infringe upon those rights.

    5. Shooting Ranges. Some people claim that established shooting ranges provide citizens with safe and suitable places to shoot and thereby incidents of questionable or irresponsible shooting. Do you agree, and will you actively support retention and development of shooting ranges?

    Sheriff Castle’s response: A safe and legally established shooting range is a good thing for many different reasons. As I am sure you understand, I could not sacrifice other Sheriff’s duties to solely and actively pursue one above the other, but I will pledge on record in support of shooting ranges.

    6. Law Enforcement Training. Law enforcement training sometimes instructs officers to treat every armed person as a felony suspect for officer safety. Other training acknowledges that many law abiding citizens possess and carry firearms, and that these citizens are not likely to be a threat to law enforcement officers. Do you lean towards the former standard, or the latter?

    Sheriff Castle’s response: This is a very broad question, but I will try to answer in a concise manner. Law enforcements response is to crime. With this country experiencing attacks including foreign and domestic we would do our citizens an injustice if we did not use caution. In using caution, anything less than being professional should not be tolerated.
    I can tell you that no law enforcement officer ever wants to be put in a position of shooting anyone or injuring an innocent citizen. But the fact of the matter is; we are the ones expected to respond and placed in all kinds of situations inherently dangerous in the line of duty. I know our training is much better today than it was years ago and we are always looking at positive ways we can improve. A good way to ensure professionalism is preserving the local law enforcement authority, which is what you are advocating, but it needs to start locally. Not allowing our elected Sheriff’s to be governed by the dictates of another locally elected official, office or department within government. Thus, in my Office of Sheriff/Coroner, make me accountable to the people.

    7. Concealed weapon permit holders exempt from prohibited places. There will be a bill before the next session of the legislature to exempt people who have applied for and obtained concealed weapon permits [Sheriff-certified good guys and gals] from the prohibition on exercising their permits in the “prohibited places” currently in Montana law, bars, banks and public building.

    Sheriff Castle’s response: This as you have stated is a legislative issue and I will always support the will of the people. Without seeing the Bill in written form it would be tough to comment on and lends me to ask more questions, than to give answers. I can say your assessment of “Sheriff-certified etc..” oversimplifies the process and could be perceived as a fool proof safety net, which would be like saying guns are capable of pulling their own trigger. I personally believe that when government creates the paper or plastic permit for a constitutional right, we are then lead into many other questions. Will we then exempt a holder of this permit to possibly violate a property owner’s right if they so choose not to let someone armed in their home or business?

    8. Harmonizing concealed weapon permit [CWP] requirements. Since 1991, a CWP has not been required for a law abiding person to carry a concealed weapon in 99.4% of Montana – outside the limits of cities or towns. With over a decade of experience that not requiring CWPs, for nearly all of Montana has not created any problems, we propose legislation to harmonize the law so a permit will not longer be required for a law abiding person to carry a concealed weapon in the remaining small part of Montana, inside cities and towns. We intend to leave the permitting process in place, so citizens who desire them may still obtain CWPs for travel to other states that recognize Montana CWPs and for firearm purchases at gun stores under the federal Brady law.

    Sheriff Castle’s response: In your previous question #3, I stated that under our republican form of government, citizens are entitled various U.S. and State Constitutional rights and vote in determining the form of government that serves them. Cities and towns are self governing by the people who are in them. I will reiterate again, I believe in the 2nd Amendment. I don’t believe, CWP’s, offer or should offer more authority than what is allowed through our constitution. I would say as Sheriff of this county, if legislation was to conflict permit holders with the constitution, I could not support any CWP permit. I will always support the citizen’s right to bear arms.

    9. Sheriff Richard Mack; “constitutional sheriff”. There has been a lot of publicity about former Sheriff Richard Mack of Arizona. Mack is an outspoken advocate that a sheriff takes an oath to uphold the state and federal constitutions, and is obligated to protect the people of the county from those who would infringe on the rights the people have reserved for themselves from governmental intrusion in those constitutions.

    Sheriff Castle’s response; I take an oath to the U.S. and Montana constitutions. I have heard Sheriff Mack and agree with some of what he says and disagree with some of what he says. Sheriff Mack was elected once and never re-elected. I believe some people get him mixed up with Sheriff Joe Arpio in Arizona. Sheriff Arpio has been re-elected and re-elected by the people. I agree with a lot of Sheriff Arpio’s ideas. By now, Cascade County, it should be clear I did not take on the current county government practices, littered with poorly conceived strategies on public safety, because it was good politics. I could have played it safe, but I am here to serve you and the citizens and not any personal ambitions. A good leader does that and I believe that is the difference between Sheriff Joe and Mr. Mac.

    10. Oathkeepers. A national organization called Oathkeepers is intended primarily for the law enforcement and military personnel, but includes anyone who has taken an oath to uphold, defend and protect the Constitution. Oathkeepers has a Website on which is a list of “Orders We Will Not Obey.” Do you agree with this list of “Orders We Will Not Obey?”

    Sheriff Castle’s response; The Cascade County Sheriff/Coroner works for the electorate within his county, but the powers of Sheriff/Coroner are all conclusive and not bound by jurisdictional boundaries within that county elected. The philosophy of every Sheriff I know in Montana has been to pledge our Oath to the Constitution of the United States and the Constitution of Montana. We are unified in this pledge and will not pledge to another oath.

    I would like to thank you for the opportunity to elaborate on your issues with my opinions. I would expand this opportunity to express my support for every person’s right to make personal decisions, including medical, family, business or the exercise of any freedom and liberty provided in our country. However, we all have a duty to be respectful of others and all rights. I do not believe someone should be allowed to recklessly endanger the lives of others in activities that endanger a community or threatens our people’s right to the pursuit to happiness. My duty is to protect you and keep your families safe.

    In conclusion, I would encourage you and all citizens to continue striving for improvements and protect and preserve a better way of life in protecting our constitutional rights. I personally, as your elected Sheriff, have spoke across Montana and other States on the importance of preserving our Constitution and the Office of Sheriff. In this state, our representative democracy provides a built in system of checks and balances on the ultimate authority/power/duties by the Office of Sheriff. The public may directly remove an individual Sheriff for misfeasance or malfeasance of duty/authority while serving in Office.
    However, statewide and especially, here locally in Cascade County, that very same Office of Sheriff has been eroded and constantly challenged by other elected officials, believing they control hiring and firing along with the day to day operation of this Office and protections it offers people. This undermines the balance and whole accountability of government. I answer to the people and not to the dictates of another elected office. People without the qualifications, knowledge or experience in public safety certainly would not be elected in law enforcement and should not then be able to contract the services or write policy and procedure for a Sheriff. If you believe in this, please contact me. Help me, ensure that people are not mis-lead or lose their voice in the elected Office of their Sheriff. It needs to start locally!

    Thank you again for giving me this opportunity to answer your questions.

    Your, Sheriff/Coroner

    David Castle

The Cascade County Sheriff’s Office will be conducting an auction for the sale of firearms on Wednesday January 27, 2010 at 1000 hours. This auction will only be open to pre-approved bidders who possess a current valid Federal Firearms License per Montana State Law MCA 45-5-313.

Location:
Cascade County Sheriff’s Office
3800 Ulm North Frontage Road
Great Falls, MT 59404

To be accepted into the auction, interested parties will need to possess a current valid Federal Firearms License and must register as a licensed buyer by close of business on January 22, 2010. Bidder Registrations will be accepted by mail, and a letter of interest along with a copy of the Federal Firearms License will be required to be accepted as registered licensed buyer for this auction. Sales are final and winning bidders are required to submit payment in full at the end of the auction. Checks or money orders made payable to Cascade County will be required, no charge cards accepted.

All inquiries should be directed to:

Cpl Rick Lawson
c/o Cascade County Sheriff’s Office
3800 North Ulm Frontage Road
Great Falls, MT. 59404
Contact # 406-454-7698

Please do not contact Cpl. Lawson concerning additional descriptions of the available firearms or questions about the firearm’s working status or parts.

This list may change prior to the auction as additional firearms are authorized for release. These firearms are being sold “as is” and they may or may not be functional. The firearms will be available for examination on the day of the auction.

Handguns

Beretta 70 Pistol, 32 caliber

Browning Pistol, 40 caliber

Charter Arms Revolver, 38 caliber

Colt King Cobra Revolver, 357 caliber

FIE Revolver, 22 caliber

Glock 23 Pistol, 40 caliber

Heritage Rough Rider Revolver, 22 caliber

HiPoint Pistol, 9mm caliber

HiPoint Pistol, 9mm caliber

HiPoint, Pistol 9mm caliber

HiPont Pistol, 40 caliber

High Standard Pistol, 22 caliber

Jennins-Bryco Pistol, 9mm caliber

Lorcin Pistol, L380, 380 Caliber

Rohm Revolver, 22 caliber

Ruger P89 Pistol, 9mm caliber

Ruger Pistol, 357 caliber

Ruger Revolver, 22 caliber

Smtih & Wesson Revolver, 32 caliber, Five Shot

Smith & Wesson Pistol, 9mm caliber

Tanfolio Witness, 9mm caliber

Thompson Contender, 7X30 Waters caliber

Long Guns

Benelli Over-Under Shotgun, 12 gauge

Brazilian 251 Shotgun, 20 gauge

Harrington & Richardson Shotgun, 12 gauge

Marlin 60 Rifle, 22 caliber

Marlin 25R Rifle, 22 caliber

Marlin 25M Rifle, 22 caliber

Mossberg Rifle, 22 caliber

Mossberg 702 Plinkster Rifle, 22 caliber

Riverside Arms Shotgun, 12 gauge

Remington 7600 Rifle, 243 caliber

Remington 300 Ultra Mag Rifle, 300 caliber

Remington 600 Rifle, 308 Mohawk

Ruger M77 Rifle, 243 caliber

Ruger 10-22 Rifle, 22 caliber

Ruger M77 Rifle, 243 caliber

Sears & Roebuck 20-12 Shotgun

Stevens 62 Rifle, 22 caliber

Springfield 67E Shotgun, 12 gauge

Winchester 1200 Shotgun, 12 gauge

Winchester Model 94 rifle, 30-30

Partial Firearms

Marlin 60 Shotgun Receiver Only

Media Release
November 27, 2009

The Black Eagle Civic Club has contacted our Office and generously offered to host the next meeting in the Sheriff’s series of Informational Public Safety Meetings.

The media and the public are encouraged to attend this meeting at the Black Eagle Community Center 2332 Smelter Avenue Northeast,  Black Eagle. The meeting is scheduled to begin at 7:00 P.M. on Wednesday December 2nd 2009.

I am looking forward to seeing you there.
Sheriff David L. Castle

I would like to thank the 67 concerned citizens of of Cascade County, as well as the members of my office staff and volunteer organizations, that attended last nights public meeting.

I believe the meeting was a success and having the opportunity to present the identified issues and then answer your questions and listen to your comments is what the Office of Sheriff is all about. Many good questions were asked and many well thought out comments were made and I want you to know that I truly appreciate your taking the time out of your busy schedules to listen and to participate in helping make this a government of the people, by the people and for the people.

As I stated last night, this is the first of many public meetings I will be conducting around Cascade County with the next meeting to be held on December 3rd, 2009 (Actual date will be December 2nd, 2009 – Updated 11/30/2009) . The location has yet to be determined but we will post it here on the website and let the media know as soon as it has been finalized.

I also want to make sure that I am answering your questions and addressing your concerns so I am opening up the comments section on this page to allow for the public to post their questions and concerns. My staff and I will review all of the posted questions and concerns and will attempt to address each at future public meetings and/or here on the website.

The presentation and handouts from last night’s meeting can be viewed below or be located in the Documents section of the website.

11-12-2009 Public Meeting Handout 1

11-12-2009 Public Meeting Handout 2

11-12-2009 Public Meeting Presentation

Sheriff David Castle

Media Release
October 30, 2009

In follow up and continuing efforts to keep the public notified of emergency changes in the Crisis in County Government press release October 22, 2009.

It has become necessary to prioritize and cut certain services in an effort to keep sworn Deputy Sheriffs positions.

We have identified a need to reduce service to Cascade County in response to Animal Control calls.

The Animal Control budget was presented to them in May, the first round budget proposal, it was cut as part of the Commissions demand we reduce our proposed budget by 1.8 million dollars.

Today I want to advise you that effective immediately we will only be responding to bite complaints and those animal calls that are evaluated by the shift supervisors as needing a response due to public safety reasons.
More will follow on this during our November 12 meeting at the Cascade County Sheriff/Coroner’s Office 3800 Ulm North Frontage Road at 6:30 PM.

Sheriff David L. Castle
Media Release
October 30, 2009

In follow up and continuing efforts to keep the public notified of emergency changes in the Crisis in County Government press release October 22, 2009.

It has become necessary to prioritize and cut certain services in an effort to keep sworn Deputy Sheriffs positions.

We have identified a need to reduce service to Cascade County in response to Animal Control calls.

The Animal Control budget was presented to them in May, the first round budget proposal, it was cut as part of the Commissions demand we reduce our proposed budget by 1.8 million dollars.

Today I want to advise you that effective immediately we will only be responding to bite complaints and those animal calls that are evaluated by the shift supervisors as needing a response due to public safety reasons.
More will follow on this during our November 12 meeting at the Cascade County Sheriff/Coroner’s Office 3800 Ulm North Frontage Road at 6:30 PM.

Sheriff David L. Castle

Media Release

October 28, 2009

With the recent heavy snows in the Little Belt Mountains our office along with our Cascade County Search and Rescue unit has responded to three calls for service. Late yesterday we had a report of a stranded hunter who had become stuck in the deep snow off of Divide Road near Dry Park. Search and Rescue supported by our office along with two Fish Wildlife and Parks Wardens were able to locate and bring the hunter out without incident.

An attempt was made to welfare check other hunters in the area but due to the two to four feet of fresh snow with no base compounded by heavy winds snow mobiles were unable to do the complete the check.

Currently Search and Rescue supported by our Office and the Forest Service is responding to a report of two males walking out from Harley Park on Divide road due to their trucks being stuck.

Our Office is in support of the Lewis and Clark National Forest  press release advising caution when heading into the mountains on your upcoming hunts. Remember to take extra food & water, have clothing and gear to sustain you if you should become stuck. The forest roads above 4000 feet are difficult or impassible.

For those that have family or friends currently camped in those areas be advised that the Forest Service did a check on that area Saturday and all appeared to be well prepared for the upcoming weather. Also be aware they may be delayed in getting out due to the heavy snow. If you have concerns please feel free to contact the Cascade County Sheriff/Coroner’s Office or the Lewis and Clark National Forest.

Be Safe
David L. Castle, Sheriff

Media Release

October 23, 2009

As a follow up to yesterday’s press release, Crisis in County Government, failure to fund the Cascade County Sheriff/Coroner budget for 2009-2010. The date set for the public meeting to answer questions is November 12, 2009 at our Office 3800 Ulm North Frontage Road the time is 6:30 PM.

A statement has been made by the County Commission Chairperson that no cuts of personnel are required. This will be addressed at the November 12 meeting.

The fact is we identified a problem. In the 1980’s this office had 40 Deputy Sheriffs, in 2006 this office had 36 Deputy Sheriffs, last year, this Office had 35 Deputy Sheriffs. To date I have been forced to loose 3 more Deputy Sheriffs, leaving me with 32 Deputy Sheriffs.

This is an unacceptable trend and can not continue.

I hope to see you on the 12th of November.

Sheriff David L. Castle

Welcome everyone, I called you here to day because Cascade County is facing a crisis in government. Is the elected Office of Sheriff, an office sworn to protect the public, who is qualified, trained, and experienced, going to manage that duty or are the County Commissioners?

This County Commission has signed contracts, increased wages, negotiated labor agreements, implemented policy and procedures that obligates costs for this Office and severely impacts our ability to prepare for, respond to, mitigate effects and deal with the aftermath of the emergencies WE handle!.  And then failed to fund those same obligations, Casting the responsibility of a budget to me, that they constantly interfere with.

My budget has been approximately $9.2 million for the last 3 years, while they have obligated over $2 million in wage increases alone for this Office the last 4 years including a pay raise for themselves at the sacrifice of public safety now.

To meet the budget they have set for this Office, I will be losing three 3 deputies, one animal control officer and 12 twelve detention officers.  As a direct result of the loss in deputy’s,  I must suspend our 20 member deputy reserve force.  We are currently reviewing more crisis response plans for Law enforcement, the Coroner Office, and Detention facility.

I firmly believe in this only elected Office of law enforcement and the most effective form of government responsive to the people.  Therefore I have scheduled the first of several meetings open to the public here at there Office November 12th , starting at 6:30pm.  The importance of this office being transparent and open to discussion and input from the public is critical and the fundamental duty of government.

Sheriff David L. Castle

Kristopher A Gorecki

Kristopher A Gorecki

Media Release

07-20-2009

At about 12:07 AM on July 20, 2009 our office was dispatched to 1500 Smelter Avenue Apartment number 7 to a report of an adult male with a shotgun threatening to shoot people. Our office responded and initially the suspect refused to exit the apartment. After negotiating with the suspect he was talked into surrendering shortly after 2:00 AM to Deputies on scene.

Kristopher Adam Gorecki Dob/03-19-1988 was arrested for two counts of Assault with a Weapon- Felony, one count of Possession of Dangerous Drugs-Misdemeanor, Theft-Misdemeanor and Obstructing a Peace Officer-Misdemeanor.

No one was injured during the course of this complaint and no shots were fired.

Respectfully,

Sheriff David L. Castle

PRESS RELEASE

Per County Attorney John Parker

June 18, 2009

On 06-09-09 at approx. 0112 hours our office received a call of a fatal shooting that occurred at 101 Four Mile Creek Road. Responding Deputies Darlington and Groskreutz found a female and male standing in the fenced yard of this residence near the picnic table. After securing these individuals they identified the female to be Sidney Aimsback and the male to be Clay Dunbar. Sidney Aimsback was crying hysterically but did not appear to have any injuries. Clay Dunbar had a laceration to his head and was later transported to Benefis East for treatment. They then entered the residence to clear it and found three (3) children inside the residence ages one (1),three (3), and ten (10). The three year old was located in the living room of the residence and was crying hysterically. Deputies removed the three year old and handed her off to EMS personal at the scene. Deputies swept past the other children in the residence as they were asleep. Upon reaching the garage entrance door to the home, they discovered two large holes in this door that went clear through the solid core. Upon opening the locked garage entrance door they discovered the body of victim Keith Peterson. Keith Peterson was lying on his back just outside this door and was unresponsive due to an apparent gunshot wound to the head. No other persons were found in the residence or scene. The two remaining children were then removed and placed with relatives until further investigation could be completed.

Sidney Aimsback was later questioned by Sheriff Detectives and asked what had happened and she told them that she and the father to her children, Keith Peterson, were having drinks with Clay Dunbar, and Keith was visiting with his two children. The children were put to bed and Clay, Sidney, and Keith continued to have drinks while seated at the kitchen table. Sidney removed herself to the living room to listen to music when she observed Clay Dunbar lunge at Keith Peterson. A fist fight ensued and Sidney attempted to break up the fight. When the fight was totally over Keith walked out of the residence via the garage entrance door. Clay immediately went to his bedroom and breaking the glass to his gun cabinet obtained a 12 gauge shotgun. Sidney observed Clay to walk through the living room with the shotgun and began screaming at him to stop, stating that Keith didn’t do anything. Sidney then heard a knock at the garage entrance door and holding the shotgun at his side Clay Dunbar fired the shotgun through the door. Clay Dunbar fired two separate rounds one high and one low.

Sheriff Detectives later conducted a recorded interview with suspect Clay Dunbar. After Miranda was read Clay signed the waiver agreeing to speak to Detectives with out a lawyer present. Clay Dunbar told Detectives he remembers being in a fight, shooting at the door, but could not remember how many times he shot the door. The investigation shows Clay Dunbar was not under any kind of threat at the time he fired the weapon.

PUBLIC NOTIFICATION OF VIOLENT OR SEXUAL OFFENDER

THIS INFORMATION IS BEING RELEASED PURSUANT TO COURT ORDER AND IS AUTHORIZED BY MCA 46-23-509

Date: April 3, 2009

TIER III SEX OFFENDER and VIOLENT OFFENDER

Name: Rybarczyk, Aaron John

Current Address: Big Sky Mobile Home Park #5, 2600 Upper River Rd., Great Falls, MT 59405

Physical Description: White Male, Brown Hair, Blue Eyes, Age 36, 5’11” 230 pounds

Tattoos or Scars: R Arm-Skulls; L Arm-Skulls; Back-Trees, serpent and star with face; L Wrist-Tribal Band

Offense Type: Attempted Sexual Intercourse without Consent; and Aggravated Assault

Type of Victim, Charge and Sentence:

17 Year Old Male Victim – Aggravated Assault, Sentence Date 8-22-1997

45 Year Old Female Victim – Sexual Intercourse without Consent, Sentence Date: 5/1/1991

Community of Offense: Great Falls, MT

Tier III SVOR Offender Picture - 4/3/2009 - Aaron John Rybarczyk

Tier III SVOR Offender Picture - 4/3/2009 - Aaron John Rybarczyk

The Cascade County Sheriff’s Office is no longer accepting applications for the position of Reserve Deputy. Please check back in the future.

We are looking for enthusiastic, energetic, community minded people to volunteer & serve within our community. the reserves assist the Sheriff’s office in a variety of roles including, but not limited to:

  • Patrol Operations
  • Search & Rescue
  • Community Events
  • Boat Patrol
  • Natural disasters
  • Community Programs

If you are interested in applying, please stop by the Cascade County Sheriff’s Office, located at 3800 Ulm North Frontage Rd (Across from the Airport) Great Falls, MT 59404 & pick up an application.

There will be an Open House at 6:00 PM on Saturday, February 21, 2009 at the Cascade County Sheriff’s Office for all of those who are interested in becoming a Reserve Deputy.

You must be a resident of Cascade County.

Media Release

12-24-2008

New Website www.cascadecountysheriff.com

The Cascade County Sheriff’s office would like to announce their new website located at www.cascadecountysheriff.com. This website can be accessed through any web browser with internet access.

The Sheriff’s office will be using this website for press releases, general office information and getting community interaction and comments on various issues. Other uses, such as the jail roster and list of calls, are planned for the future.

We hope that this website will assist the public by being an additional source of information on office functions and commonly asked questions as well as giving people the ability to provide feedback and comments on issues posted to the site.

If you have any questions, please contact Sgt. Jesse Callender at 454-6820.

Have a safe and Happy Holiday.

Sheriff David L. Castle

Concealed Weapons Permits


The Cascade County Sheriff’s Office issues Concealed Weapons Permits in accordance with Montana State Law. In an effort to assist qualified citizens with obtaining their permits and educating the public about concealed weapons the following information and links are provided. If you have further questions please contact Captain Ray Hitchcock at 454-6820.

Click here for Concealed Weapons Permit Application Form.


The following is an outline of the application process for obtaining a concealed weapons permit through the Cascade County Sheriff’s Office:


Anyone wishing to obtain a Concealed Weapon’s Permit from the Cascade County Sheriff’s Office must meet the following criteria (Reference

45-8-321. Permit to carry concealed weapon.)
- United States citizen
- 18 years of age or older
- A valid Montana driver’s license or other form of identification issued by the state that has a picture of the person identified.
- An applicant must have been a resident of the state for at least 6 months.
- Shall be required by the sheriff to demonstrate familiarity with a firearm by:

(a) completion of a hunter education or safety course approved or conducted by the department of fish, wildlife, and parks or a similar agency of another state;
(b) completion of a firearms safety or training course approved or conducted by the department of fish, wildlife, and parks, a similar agency of another state, a national firearms association, a law enforcement agency, an institution of higher education, or an organization that uses instructors certified by a national firearms association;
(c) completion of a law enforcement firearms safety or training course offered to or required of public or private law enforcement personnel and conducted or approved by a law enforcement agency;
(d) possession of a license from another state to carry a firearm, concealed or otherwise, that is granted by that state upon completion of a course that is the same as (a)-(c) above.
(e) evidence that the applicant, during military service, was found to be qualified to operate firearms, including handguns.


(A photocopy of a certificate of completion of a course described above, an affidavit from the entity or instructor that conducted the course attesting to completion of the course, or a copy of any other document that attests to completion of the course and can be verified through contact with the entity or instructor that conducted the course creates a presumption that the applicant has completed a course described above.)
If the above qualifications are met the applicant must then complete the following:

-Obtain a current set of fingerprints from our office. Times available are Monday through Friday between 8:30am and 11:00am and Saturday or Sunday between 5:00pm and 8:00pm. The cost is $5.00 (non-refundable and you must have exact change) and you must pay with either cash or money order. (No checks will be accepted!)
-Agree to submit to a criminal background check and have your picture taken.

-Fully complete the Concealed Weapons Permit Application form (Reference


-Pay the permit fee of $50.00 for a new application or $25.00 for a renewal. Payment must be in the form of cash or money order (No checks will be accepted!)
-Once the above process has been completed, the application will be reviewed and either approved or denied. If the application is approved you will recieve your concealed weapons permit by mail. If the application is denied you will be contacted and notified of the reason for denial and your payment will be returned.


*Note on renewals*

Application for renewal must be made within ninety (90) days prior to the expiration of the permit



The following are links to the Montana Code Annotated dealing with Concealed Weapons:

45-8-315. Definition.

45-8-316. Carrying concealed weapons.

45-8-317. Exceptions.

45-8-321. Permit to carry concealed weapon.

45-8-322. Application, renewal, permit, and fees.

45-8-323. Denial of renewal — revocation of permit.

45-8-324. Appeal.

45-8-325. Permittee change of county of residence — notification to sheriffs and chief of police.

45-8-326. Immunity from liability.

45-8-327. Carrying a concealed weapon while under the influence.

45-8-328. Carrying concealed weapon in prohibited place — penalty.

45-8-329. Concealed weapon permits from other states recognized — advisory council.

45-8-330. (Temporary) Exemption of concealed weapon permittee from federal handgun purchase background check and waiting period.


Other Links of Interest

The Montana Code Annotated

45-3-101. Definitions.

45-3-102. Use of force in defense of person.

45-3-103. Use of force in defense of occupied structure.

45-3-104. Use of force in defense of other property.

45-3-105. Use of force by aggressor.

Attorney Generals Office – Department of Justice – Concealed Weapons Page


Burn Permits

People wishing to conduct minor open burning with Cascade County must obtain a burn permit from the Cascade County Sheriff’s Office or its designee.

The following information is provided to assist the public with understanding the state laws governing burning in Cascade County and provide specific information about what materials may not be burned at any time. If you have further questions please contact the Cascade County Sheriff’s Office at 454-6820. Burn Permits are available from the Cascade County Sheriff’s Office Monday – Friday from 8am -5pm (expect on holidays). There is no cost for this permit. Permits are also available from Belt Discount Parts in Belt. When applying for a Burn Permit the applicant must provide their name, address, phone number, materials to be burned, resources available at the burn location, section, township, range and # of acres if applicable. If there are special considerations these will need to be listed as well. Once a Burn Permit is obtained it is valid for 3 months from the date of issue but all permits may be voided by order of the Sheriff at any time. Prior to burning, the permit holder must contact the Sheriff’s Dispatch and advise them of the location of the burn, items to be burned, and a contact person in case of questions or problems. Once the burn is complete, the permit holder must again contact the Sheriff’s Dispatch and advise them that the burn is complete.

Under the provision of State Statute

50-63-103 MCA you are liable for any and all fire suppression costs and damages resulting from an escaped and/or uncontrolled fire. You are liable for your fires despite the fact that you have been issued a Burn Permit. This permit does not allow you to violate any city or county ordinances or state laws governing burning and all permit holders must abide by the State Air Quality Bureau’s “Open Burning Regulations.”

For your protection please follow these guidelines when burning:

  • Do not set fires during the period of this permit when the weather or other conditions make it hazardous to do so.
  • The permittee must have sufficient manpower, tools and equipment at the burn site to control the fire.
  • The fire shall be watched by the permittee or his or her agent until no live embers or smoke remain from the fire.
  • The Burn Permit covers vegetative material only. It does not cover such items as, but not limited to, household garbage, dead animals, treated wood, chemicals or synthetics such as rubber or plastic.
  • The following items are prohibited from being openly burned in Cascade County at any time or place.

    • Food Wastes
    • Styrofoam and other plastics
    • Wastes generating noxious odors
    • Wood byproducts other than trade wastes, such as Papers or cardboard, unless a public or private garbage hauler or rural container system is unavailable.
    • Poultry litter and animal droppings
    • Dead animals or dead animal parts
    • Tires, rubber materials, asphalt shingles, tarpaper
    • Automobile bodies and interiors
    • Insulated wire
    • Oil and petroleum products
    • Treated lumber and timbers
    • Pathogenic wastes, hazardous wastes, trade wastes
    • Any materials resulting from a salvage operation
    • Chemicals

    The following are portions of the Montana Code Annotated dealing with burning and a link to the State Air Quality Information page:

    50-63-103. Liability of offender for damages and costs.

    76-13-102. Definitions

    76-13-121. Permit for burning required

    State of Montana Air Quality Information Page Information on Air Quality regulations can be obtained by contacting the City / County Health Department at the following location:

    Cascade City/County Health Department
    115 4th Street South
    Great Falls MT 59401
    (406) 454-6950 (406) 454-6959 (FAX)

    Crime Stoppers

    The local GREAT FALLS/CASCADE COUNTY CRIMETOPPERS began in 1985 with a Board of Directors made up of citizen who volunteered to serve their community, and is coordinated by the Cascade County Sheriff’s Office and Great Falls Police Department. CRIMESTOPPERS is a non-profit organization completely overseen by the Board of Directors. All rewards are paid from contributions received from the community and do not use any tax dollars.

    The concept of CRIMESTOPPERS was to offer anonymity and case rewards to persons who furnish information leading to the arrest and the filing of charges against criminal offenders and to capture fugitives.

    During the very first year the CRIMESTOPPERS program paid its first $1,000.00 reward for a tip received for a fatality that occurred during a hit-and run auto accident. By the end of the first year the CRIMESTOPPERS program had led to 166 arrests, 137 convictions, $188,922 of recovered stolen property and narcotics, cleared 240 felony cases, and 47 misdemeanor cases.

    In July 1991 CRIMESTOPPERS placed “MOST WANTED” display cases in several locations in the community to display the “most wanted” suspects in the area. The reaction from the public was overwhelming and after a short time a monthly spot within the Great Falls Tribune was created to assist in apprehending these suspects. The “MOST WANTED” program is coordinated by the Cascade County Sheriff’s Office.

    As of August, 2004 the CRIMESTOPPERS program has recovered one million six hundred seventeen thousand two hundred and eighty-three dollars ($1,617,283.00) worth of stolen property. Recovered a street valve of over four hundred and fifty thousand dollars ($450,000.00) of narcotics. Seized almost fifty thousand dollars is cash ($50,000.00). As well as solved over one hundred sixty five thousand dollars ($165,000.00) in Vandalism cases. Clearing eight hundred forty four (844) Felony cases and two hundred eighty six (286) Misdemeanor cases.

    All of this is based on tips received from anonymous callers who received a reward if their tip resulted in an arrest.

    HOW IT WORKS

    There is a 24 hour hotline, 7272-TIPS (727-8477) for witnesses or persons with information to use to provide their information to CRIMESTOPPERS. All callers can remain anonymous if they wish to do so. All tips are provided with a “caller ID number” and the callers are provided the number so they can receive a reward. Once the information is received it is disseminated to the correct Law Enforcement Agency for investigation. If the information leads to the arrest and prosecution of the suspect, the caller may be eligible for a cash reward up to one thousand dollars. ($1,000.00)

    Once each month the Board of Directors meets and review the TIPS received and the Reward Recommendations made by law enforcement officials from the arrests and prosecution of suspects generated from the TIPS. The Board of Directors then issue rewards to the “caller ID number”.

    HOW DO I RECIVED MY REWARD?

    If the TIP you provided resulted in an arrest being made you may call the CRIMSTOPPERS TIP line at 727-TIPS on the second Friday of each month, provide your “caller ID number” and be informed whether or not your TIP received a reward. If your TIP did receive an award you will be given instructions for picking-up the reward at a local banking institution.

    WHY DIDN’T I RECEIVE A REWARD?

    There could be several reasons why you did not receive a reward. The information although very good may need more investigation before an arrest and the reward may come later. Another reason may be the person may have already been arrested just prior to your TIP or the person could not be located.

    It is very important you retain the issued “caller ID number”, as this is the only way to receive a reward. If a caller becomes a frequent caller and uses the same “caller ID number” the information received may develop a pattern of being reliable thus increasing the possible rewards.

    The recommendations of reward values are made by the arresting officers based on many factors that may include, but are not limited to, the location and description of suspects, vehicles driven, friends and associates, work locations, other family members, location of evidence, witnesses, and description of activities or crimes.

    If you would like to provide a TIP please call 727-TIPS or send us an email at jivers@ccso.psemail.com.

    To view the current most wanted photos please click here.

    Cascade County

    Dog Control Ordinance

    County Ordinance 2


    WHEREAS, Cascade County, Montana, does from time to time experience problems with dogs at large within Cascade County, with dogs harassing livestock, attacking people, causing certain undesirable and unsightly conditions to exist, destroying property, causing more unwanted dogs, causing increased health problems and experiences problems with animals not receiving proper food, water, shelter, and care;
    WHEREAS, the Montana Legislature has authorized the local government subdivisions to adopt ordinances; and
    WHEREAS, Section 7-23-2108, MCA, authorizes the county governing body to control dogs through adoption of an ordinance;
    Now, THEREFORE, in order to promote the public health, safety, and general welfare of Cascade County, Montana, to control the stray dog population, to prevent dogs from running at large, and to prevent abandonment, neglect, or abuse of dogs within Cascade County,
    IT IS HEARBY RESOLVED that the following ordinance be adopted:


    Section 1

    . Definitions.


    A

    . “Owner” means any person owning, keeping, or harboring a dog, whether under claim of title, custody, or exercise of dominion and control.


    B

    . “At large” means off the premises of the owner and not under the control or management of the owner.


    C

    . “Vaccinate” or “immunization” means to inoculate or vaccinate with any vaccine or serum by a licensed veterinarian of the diseases listed herein. Distemper and parvovirus immunization may be administered by the owner.


    D

    . “Animal Control Officer” means the Sheriff of Cascade County, or any one or more of the employees of Cascade County designated by the Cascade County Commissioners as animal control officer.


    E

    . “Vicious dog” means any fierce, dangerous, or uncontrolled dog that, unprovoked, has attacked or bitten a person not trespassing upon the owner’s property or attempting to injure said owner.


    F

    . “Abandoned dog” means any dog left unattended by the owner or person charged with the custody thereof on the property of the owner, or leashed premises of the owner, for more than three (3) consecutive days, or any dog allowed to run at large without an attempt on the part of the owner or person responsible for the custody of said dog to exercise control over said dog within a period of three (3) consecutive days.


    G

    . “Neglected dog” means any animal not provided with the basic necessities of life, i.e. food, water, shelter, vaccination against disease, and treatment for parasites.


    H

    . “Abused dog” and “cruelty to dogs” means any of the following:


    i


    ii


    iii


    iv


    v


    vi


    vii

    . Failure to provide a dog with proper food, water, shelter and protection from the elements, proper veterinary care, parasitic control, and humane care and treatment.. Striking a dog with a motor vehicle and failing to stop or render assistance;. Intentionally striking a dog with a motor vehicle;. Promoting, sponsoring, conducting, participating in, or attending any fight between dogs;. Abandonment of any dog or abandoning any dog along a highway, railroad, or any other place or locale where said dog may suffer injury, hunger, or exposure to the elements, or become a public charge;. Carrying a dog in a cruel manner;. Overworking, beating, tormenting, injuring, or killing any dog;


    Section 2. Application of Ordinance

    .
    This ordinance applies to any person who owns, harbors, has custody of, or exercises dominion or control over any dog, within Cascade County.


    Section 3. Immunization Against Disease

    .
    Every person keeping, harboring, maintaining, or having custody of any dog over six months of age, shall provide immunization for such animal, at the owner’s expense, against the following diseases:


    A


    B


    C

    . Parvovirus.. Distemper; and. Rabies;
    Distemper and parvovirus immunization may be administered by the owner. Rabies immunization shall be administered only by a licensed veterinarian. Rabies immunization for every dog must be repeated at the expiration of the effective date used by the licensed veterinarian providing the immunization. Each owner of said dog must have available, upon request of any enforcement agency or animal control officer, a certificate from a licensed veterinarian stating that such dog has received rabies immunization and showing that the vaccine is current. Violation of this provision shall be a misdemeanor.


    Section 4. Parasite Control

    .
    Every person keeping, harboring, or maintaining any dog shall provide effective parasite control, if needed, at the owner’s expense. If needed, such parasite control shall be repeated at the expiration of the effective date of any parasite control used by the veterinarian or other person providing such parasite control, or as needed or required for the type of parasite subject to control. Violation of this provision shall be a misdemeanor.


    Section 5. Food, Water, and Shelter

    .
    Every person keeping, harboring, maintaining, or having custody of any dog shall provide such dog with adequate food, water, shelter, and waste control as requested for the species, breed, and type of dog involved. Adequate food means food in a volume sufficient to allow said dog to maintain normal body weight range for a dog of the type and breed involved.
    Adequate water” means water sufficient to provide for the seasonal needs of said dog.

    Waste control” means provision to the dog of sufficient space and drainage facilities, which allow for the control and disposal of all liquid and solid wastes generated by said dog.
    Violation of this provision shall be a misdemeanor.


    Section 6. Identification Requirement

    .
    Every owner, or person responsible for custody of or exercising dominion and control, is required to provide each dog with a means of identification, whether by collar or tag, which shall set forth the name of the owner, person responsible for custody of or exercising dominion and control over the dog, and either the mailing address of said person or said person’s telephone number. Violation of this section shall be a misdemeanor.


    Section 7. Dogs at Large

    .
    No dog covered by this ordinance shall be allowed to run at large in the county. No owner shall allow any dog to be at large off the owner’s property unless accompanied by the owner or subject to the owner’s management and control. Violation of this section shall be a misdemeanor.


    Section 8. Impoundment of Dogs at Large

    .
    Any dog found to be running at large in the county may be impounded and seized by any sheriff, deputy sheriff, game warden, animal control officer, City of Great Falls animal control officer, or any other law enforcement officer, or authorized officer of an approved humane organization registered with the Sheriff’s Office of Cascade County.
    Said agencies and approved humane societies are hereby empowered and authorized to enter upon private property, including the premises of the dog’s owner, in order to apprehend any dog that is running at large. This section does not authorize any person to enter any private residence.
    Impoundment shall be at a facility identified by the county as an impoundment facility.


    Section 9. Disposal of Impounded Dogs

    .
    Dogs impounded under the provisions of this section may be killed or otherwise disposed of after a period of seventy-two (72) hours.
    Impounded dogs not disposed of by sale, adoption, or redemption shall be killed by humane method. Proceeds of sale shall apply to costs of enforcement of this Ordinance, including impoundment and disposition.


    Section 10. Adoption of Impounded Dogs

    .
    If an owner of a dog does not redeem the dog within seventy-two (72) hours, the owner forfeits all right, title, and interest therein, and the same may be offered for adoption to the public. A person may adopt a dog once the application has been approved and upon payment of the following;


    A


    B
    C. An adoption fee; and


    D

    . For unaltered dogs, a neutering or spaying incentive fee, which must be utilized within six months of adoption and any necessary veterinary fees incurred.. A rabies vaccination fee; . Any license fee required by the City of Great Falls, if the person so adopting is a resident of Great Falls;
    A certificate of adoption conferring title free of all claims and interests of the previous owner will be given to the adopting person. No animal suffering from an infectious disease will be released unless a licensed veterinarian certifies the dog is disease free.


    Section 11. Costs of Impoundment, Disposal, Treatment, and Care- Civil Action to Collect

    .
    The costs of impoundment, disposal, treatment, and care incurred incident to the enforcement of any section of this ordinance is a liability of the owner or person having custody or exercising dominion and control over said dog. Such costs and expenses may be recovered by an action initiated by the County Attorney, an agency incurring such costs and expenses or by private action by any person who incurs such costs or expenses or to whom such costs or expenses are due or owed. In addition to such costs and expenses, the owner or person having custody or exercising dominion and control over such dog shall be liable for all costs and expenses of collection of such costs and expenses including reasonable attorney fees.


    Section 12. Impounded Dogs- Disease

    .
    Any impounded dog suspected of having rabies or known to have bitten any human shall not be killed or otherwise disposed of until said dog is released by a licensed veterinarian or said dog’s head is sent to the State Department of Livestock’s Diagnostic Laboratory for testing for rabies.


    Section 13. Redemption of Impounded Dogs

    .
    Dogs impounded under this ordinance may be redeemed by the owner or other person responsible for the control thereof.


    A


    1


    2


    3


    4

    . Any necessary veterinary fees incurred.. An impoundment fee; and. A fee for a rabies vaccination if the dog is not vaccinated;. A daily fee for each day, or part thereof, that the dog has been impounded;


    B

    . Any dog not wearing an identification tag, or any dog for which the owner or custodian cannot be identified, and which has not been redeemed by its owner or custodian within three days after impoundment, may be adopted upon payment of applicable adoption fees and license fees or disposed of in a humane manner.. Redemption of an impounded dog shall be made by exhibiting satisfactory proof of ownership and paying the required fees and charges, which shall include, but not be limited to impoundment fee, daily care fee, if required, license fees, if any, and necessary medical costs, if required, as follows:


    Section 14. Nuisance Dogs

    .
    It is a public nuisance for any dog to chase vehicles on a county highway or road, to run at large, or to be owned, kept, or maintained without a current immunization against rabies, distemper, and parvovirus.
    Every person having under their control any female dog in heat shall confine such dog. Failure to confine such female dog constitutes a public nuisance.

    Maintenance, harboring, or keeping of any dog which by loud and continuous barking, howling, or yelping interferes with the comfortable enjoyment of life or property by the community, neighbor, or by a number of persons is also maintaining a public nuisance.
    Any dog that destroys property, injures or destroys other pets or other animals not trespassing on the property of or attempting to injure or injuring the person, family, or property of the owner, is classified as a nuisance.
    Any person who allows any dog owned, subject to their maintenance or custody, to be kept in a manner that constitutes a public nuisance, is guilty of a misdemeanor.


    Section 15. Impoundment of Dogs Upon Nuisance Complaint

    .
    Any dog constituting a nuisance may be taken and impounded by authorized personnel. It shall be the duty of all authorized personnel and all law enforcement officers to issue tickets and file complaints for such violations. Any person aggrieved by a nuisance may file a complaint charging the owner with violation of this section.


    Section 16. Nuisance Penalties

    .
    Violation of the nuisance section shall be a misdemeanor.


    Section 17. Seizure of a Nuisance Dog

    .
    Upon a third conviction under this section of Cascade County Ordinances, or upon a single instance where the facts indicate that such action is necessary for the safety of the citizens of this county or their property, nuisance dogs shall be seized by the Cascade County Sheriff, and disposed of in accordance with the impoundment provisions of this Ordinance.


    Section 18. Vicious Dogs

    .
    Whenever an affidavit is made that any dog has bitten a person and that the person bitten was not attempting to injure the person, family, or property owner, the owner of said dog shall be issued a citation therefor, and shall be required to surrender said animal to a licensed veterinarian for quarantine within twenty-four (24) hours after service of citation. Such citation shall be served upon the owner by any person authorized under this Ordinance, or any law enforcement officer, and if the owner cannot be found at their place of residence or located in a reasonable manner, the owner may be served by leaving the citation with a person of suitable age and discretion or by placing it in a prominent place at the front door of such residence of the owner. It is unlawful for any person to refuse or neglect to surrender any such vicious dog within twenty-four (24) hours after service of a citation as provided for in this section.
    Upon failure to surrender the dog within twenty-four (24) hours, authorized personnel shall forthwith seize and impound such dog at a licensed veterinary office at the owner’s expense. In the event the owner is unknown, authorized personnel shall seize and impound such animal without notice.


    Section 19. Vicious Dog Behavior Defined

    .
    Any dog, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior is presumed vicious:


    i


    ii


    iii


    iv

    . Lawful presence. For the purpose of this Section, a person is peaceably and lawfully upon the private property of an owner when in the performance of any duty imposed upon them by the laws of the State of Montana, or any city or county, by the laws or postal regulations of the United States, or when they are on such property upon invitation, express, or implied.. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is conducting themselves peaceably and lawfully;. An attack, without provocation, that results in an injury to a person in a place where such person is conducting themselves peaceably and lawfully;. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting themselves peaceably and lawfully;


    Section 20. Dog Bites

    .
    All incidents involving dog bites where such bites result in the breaking of the victim’s skin shall be reported to the Cascade County Sheriff’s Office or such other office or agency designated by the Cascade County Sheriff within twenty-four (24) hours of such occurrence. The owner of any such dog shall produce proof of current rabies immunization. Absent such proof of immunization, the dog shall be placed under quarantine at a licensed veterinary clinic at the owner’s expense, or the owner’s home, for the period of time of at least ten (10) days from the date of bite, as prescribed in Section 32-3-1204 of Montana Administrative Rules.


    Section 21. Hearing

    .
    Any dog which has bitten persons under the circumstances set forth in the above Section on three (3) separate occasions or in a single instance where the facts indicate that such action is necessary for the safety of the citizens of this community, said dog shall be put to death by an animal control officer after a hearing. Any person may protect their pets, their property, their person, or the person of any other human being from any imminent danger or attack by use of force, even to the extent of slaying said dog if reasonably necessary.


    Section 22. Conditional Release of Dogs

    .
    Upon the determination that a dog is vicious, the following conditions will be imposed if the Court does not order the dog put to death:


    i


    ii


    iii


    iv


    v


    vi


    viii

    . Any violation of this section is a misdemeanor that may result in the prosecution of the person by the County Attorney.. Owners of dogs conditionally released shall hold Cascade County, its employees, agents, and subdivisions harmless from claim or liability including attorney fees, for any claim of any person resulting from the conditional release of a dog hereunder. The owner must provide proof of liability insurance in an amount specified by the County Humane Officer prior to release.. The owner of a vicious and/or dangerous dog shall post the entrances to the property where the dog is kept with a legible warning sign;. To inform, along with animal control, any city, county, postmaster, utility company meter readers, and anyone else that comes on the property with implied consent or peaceably and lawfully, of the dog’s viciousness if the dog is moved into an area;. Any violation of this agreement will result in the dog being impounded or destroyed; . To keep the dog securely muzzled, leashed and under the control of a person eighteen (18) years of age or older, and who is physically capable of restraining the dog when the dog is off their property;. To keep the dog confined on their premises in an enclosure approved by the licensing agent;


    Section 23. Cruelty to Dogs

    .
    A person commits the offense of cruelty to dogs if, without justification, they knowingly or negligently subject a dog to mistreatment or neglect by any of the following:


    A


    B


    C


    D


    E


    F


    G


    H

    . Failure to provide for adequate disposal of solid and liquid waste matter.. Allowing any dog to breed indiscriminately or to allow such dog to breed without provision for treatment, care, feeding, and placement of any young or progeny;. Intentionally striking any dog with a motor vehicle;. Promoting, sponsoring, conducting, participating, or attending any fight between dogs;. Abandonment of any dog;. Failing to provide a dog in their custody or care with proper food, water, shelter, and protection from the elements, veterinary care for treatment of injury, provisions of immunizations, and treatment of parasites, and provision of humane care and treatment;. Carrying any dog in a cruel manner;. Overworking, beating, tormenting, injuring, or killing any dog;
    A person convicted of cruelty shall be guilty of a misdemeanor, except for Subsection E, may be prosecuted under Section 45-8-210, Montana Code Annotated.


    Section 24. Severability

    .
    If any section, subsection or provision of this Ordinance is declared invalid by any court or tribunal, the remaining sections, subsections, and provisions of this ordinance shall not be affected thereby.


    Section 25. Penalty

    .
    Any violation of the provisions of this ordinance shall constitute a misdemeanor punishable by imprisonment in the Cascade County Jail not exceeding six (6) months or by a fine not to exceed $500.00 or both.


    CASCADE COUNTY SHERIFF’S OFFICE
    EVIDENCE UNIT/PHOTO LAB
    Supervisor Cpl. Rick Lawson
    3800 North Ulm Frontage Road
    Great Falls, MT 59404
    406-454-7698
    rlawson@ccso.psemail.com
    Evidence Division Storage

    Evidence Division Storage

    OPERATIONS STATEMENT

    By statute, the Cascade County Sheriff’s Office is responsible for maintaining seized, found, unclaimed, court ordered seizures, surrendered property or contraband, and items determined to be of investigative, evidentiary value by sworn personnel, including items in physical, digital, or virtual form.

    Items deemed to be of evidentiary value, or items associated with a criminal investigation or civil litigation may be required for retention and court presentation. The primary goal of the Evidence Unit is to preserve property and evidence, make it available to court presentation, and to return known items to the rightful owner in its seized condition, or dispose of the property as soon as legally possible, to include illegal or contraband items.

    EVIDENCE UNIT RELEASE POLICY

    Authorized property will be released by appointment only. If you receive release documents from any of the protocols listed below please call the Evidence Unit, 406-454-7698, for an appointment to obtain the property.

    A valid, government issued form of photo identification (Preferably a Driver’s License) and signature will be required to obtain the release of property.

    Evidence and property that is retained by the Cascade County Sheriff’s Office may only be released by one of the following protocols:

    IN CASES WHERE CHARGES WERE FILED

    • A court order signed by a Judge directed to the Cascade County Sheriff’s Office that lists in detail the property or evidence to be released, and to whom.

    • A signed Release Form from the Cascade County Attorney’s Office, listing exactly what property can be released and to whom.

    • A letter addressed to you from the Cascade County Sheriff’s Office Evidence Unit, indicating that the property is ready for release.

    You must bring the original document listed above with you at the time you schedule to retrieve your property. If you do not have the original document, the property will not be released to you at that time.

    IN CASES WHERE NO CHARGES WERE FILED OR CORONER CASES

    • Prior arrangements made with the Investigating Deputy, Detective, or Coroner who handled the case. The submitting officer is required to notify the Evidence Unit in written form in advance, prior to any property or items entered as evidence can be released.

    Additional Information

    Property and Evidence will not be released to a third party without notarized, written authorization from the listed owner of the property.

    If you are or were a defendant in any case which is now adjudicated, and property in that case was held by the Cascade County Sheriff’s Office Evidence Unit and you are interested in retrieving said property, contact your legal counsel in that matter for assistance in petitioning an order for release of any applicable property. This excludes any items considered to be illegal or contraband.

    NOTIFICATIONS OF PROPERTY SCHEDULED FOR RELEASE

    Persons designated as owners or property authorized for release will be notified by mail of any property scheduled for release. Acknowledgement and receipt of this correspondence to the Evidence Unit by phone or written response is required within fourteen (14) days from the date of said letters.

    If no response is received within fourteen (14) days, the property will be disposed of per the Cascade County Sheriff’s Office Disposal Policy.

    Additional Information and Common Questions

    If you wish to designate someone to pick up the items, please provide the persons name and contact phone number to the Evidence Unit when you call to schedule an appointment. Also remember that release to a third party requires a notarized, written authorization.

    All property must be received personally by the recipient at the Cascade County Sheriff’s Office.

    If you feel that we are holding any property in which you claim ownership, if applicable, you may be required to provide proof of ownership including but not limited to:

    • Complete physical description of the property.
    • Make, model, or serial number of items determined to be listed as valuables.
    • Provide any identifying marks that would distinguish the property as belonging to you.

    If you wish to surrender any property held by our office, please send a signed letter describing said property, and state that you relinquish any and all ownership of the property, and authorize the Cascade County Sheriff’s Office to take possession of said property. Please send the letter to the following address:

    Cascade County Sheriff’s Office
    Evidence Unit – Attention Cpl. Rick Lawson
    3800 Ulm N Frontage Rd
    Great Falls, MT 59404

    The Cascade County Sheriff’s Office will be conducting an auction for the sale of firearms on December 8, 2008 at 10:00am. This auction will be conducted at the Cascade County Sheriff’s Office, 3800 Ulm N Frontage Rd, Great Falls.

    This auction will only be open to individuals or businesses holding a valid Federal Firearms License (FFL).

    In order to participate in this auction, the individual or business must provide the Cascade County Sheriff’s Office with the following before the close of business (5pm) on December 5, 2008:

    * Submit a written letter of intent to participate in this auction. This letter must include all business and/or individual contact information and a list of the individuals who will be attending the auction.

    * Provide a copy of the individual or business FFL.

    On the day of the auction, all registered individuals must have a valid, government issued photo ID (preferably a Driver’s License) in their possession or they will not be allowed into the facility.

    This sale includes handguns, rifles, and shotguns. Please refer to a partial list below. This list may change prior to the auction as additional firearms are authorized for release. These firearms are being sold “as is” and they may or may not be functional. The firearms will be available for examination on the day of the auction.

    If you have further questions about this auction or how to register as a buyer please contact:

    Cpl Rick Lawson
    c/o Cascade County Sheriff’s Office
    3800 North Ulm Frontage Road
    Great Falls, MT. 59404
    406-454-7698
    rlawson@ccso.psemail.com

    Please do not contact Cpl. Lawson concerning additional descriptions of the available firearms or questions about the firearm’s working status or parts.

    Handguns
    Arminius Handgun, Single Shot, .22 Magnum
    Browning Handgun .32 Caliber Pistol
    Bryco Arms, Model Jennings 9, Semi Auto Handgun
    Cobray M-11, 9mm Handgun
    EAA Corp, Model EASA-F.T. Revolver, .22 Magnum LR Caliber
    Glock Handgun, Model 23
    HK USP 45 Caliber Handgun
    Highpoint JC 40SW
    High Point 9mm Pistol, Model C9
    Highpoint .40 Caliber S&W
    Highpoint JC40, 40 S&W
    H&R Model 622, .22 Caliber Revolver
    Jennings Handgun, Model Bryco 58
    Jennings 9mm Handgun, Model Bryco 59
    North American Arms .22 Caliber Handgun
    Rohm , Model 57, 357 Caliber Handgun
    RG Handgun, 38 Special, Model RG38S
    Ruger P85 9mm Handgun
    Ruger P345 .45 Caliber Handgun
    Ruger .22 Caliber Handgun, Single Six Revolver
    Hawes .22 Caliber Revolver
    Smith & Wesson Handgun Model 28-2, Highway Patrolman Revolver, .357 Magnum
    Smith & Wesson Handgun .38 Special
    Star Handgun, Ultra Star 9mm
    Star Firestar 40 Caliber

    Rifles
    CBC .22 Caliber Rifle
    Charter Arms AR-7 Explorer
    Marlin 30-30 rifle, Model 336RC
    Marlin .22 Caliber Rifle, Model 60
    Marlin Rifle, Model 25, .22 Caliber
    Norinco Interarms .22 Caliber Rifle, Model JW-15
    Winchester 30.06 Rifle, Model 70 Featherweight

    Shotguns
    Mossberg 12ga Shotgun, Model 500A
    Remington 12ga. Shotgun, Model 870

    Partial Firearms
    Sears & Roebuck 12ga. Shotgun, Model 20
    Springfield 12ga Shotgun
    Springfield 12ga Shotgun Model 67H
    Winchester 12ga Shotgun, Model 1300
    Unknown Manufacturer, .22 Caliber Pistol