A popular trail runs from just south of town to Mystic Lake, where people hike, run, cycle and ski in the winter. The trail is also an off-leash dog area, and pups are known to stray far and wide from the designated path. The area was closed to public access for a few decades, but the city opened it up for recreation in the 1970s.

Commissioners voted 4-1 to approve the ordinance.

“The Custer Gallatin National Forest is 3 million acres. Why does it need to be allowed within this one tiny fraction that we know is starting to see more and more recreation, more and more people?” Deputy Mayor Joey Morrison said. “I know folks who go up into this area to cut down Christmas trees that go well off trail. We get to say this isn’t the appropriate place for this … activity to be participated in.”

City Attorney Greg Sullivan said the prohibition on trapping and snaring would be enforceable by Montana Fish Wildlife and Parks, because even though the city owns the land it does not have enforcement power on it.

The ordinance — which would require a second vote on the consent agenda in a few weeks to go into effect — would not have any impact on regulations on national forest land.

Sullivan also clarified that the ordinance allows for the city manager to grant exceptions to the ban. For example ,if the city feels the need to mitigate for beaver activity.

“Beavers love the outtake of Mystic Lake, and there’s been work to make sure that the beaver dams do not get too big,” Sullivan said.

Several commissioners said they were concerned with the nature of the checkerboard pattern of land ownership that a ban on city land could lead people to believe their animals and children are safe from traps or snares on all land surrounding the Sourdough Trail from Nash Road to Mystic Lake.

“Even if we were to provisionally adopt this ordinance or adopt this ordinance, it does not remove the risk that your pet would be caught in a trap or snare in Sourdough Canyon, given the land will be open to trappers in that canyon,” said Commissioner Douglas Fischer, the only member to vote no.

Several people spoke in support of the ordinance Tuesday, most citing ethical concerns with trapping. Michael Stoerger, with Bold Visions Conservation, noted Montana does not require trappers to check most traps regularly.

“People tend to forget the savagery involved in trapping. The trapping season is typically in winter, an animal can languish for several days and several nights in sub zero weather,” Stoerger said. “They’re exposed to hypothermia, hunger and thirst, blood loss from attempting to chew off a trapped limb, broken teeth from attempts to chew off the steel jaws of the trap and the psychological trauma of being restrained.”