Chapter 33 - Livestock Districts
CHAPTER 33 - LIVESTOCK DISTRICTS
11-33-101. Creation; generally; applicable provisions.
The board of county commissioners of eachcounty in the state may create livestock districts within any irrigationdistrict organized under the irrigation district laws of this state ashereinafter provided. When a district is created, W.S. 11-33-101 through11-33-109 apply and are enforceable therein.
11-33-102. Creation; landowners' petition; contents.
At least seventy-five percent (75%) of thelandowners owning at least seventy-five percent (75%) of the land in anyirrigation district organized under the irrigation district laws of Wyoming andwho are resident in and qualified electors of Wyoming, may petition the boardof county commissioners in writing to create a livestock district. The petitionshall describe the boundaries of the proposed livestock district and shalldesignate what animals are to be prohibited from running at large or from beinggrazed upon the public highways in the district and may designate the period ofthe year during which it is desired to prohibit animals from running at largeor being grazed on the highways.
11-33-103. Creation; landowners' petition; notice of hearing.
Within twenty (20) days after a petitionhas been filed, the board of county commissioners shall set a date for hearingthe petition. Notice of the hearing shall be given by posting notices in three(3) conspicuous places in the proposed livestock district and by publicationfor two (2) weeks previous to the hearing in a newspaper published in thecounty nearest the proposed livestock district.
11-33-104. Creation; order; contents and force.
At the hearing, if satisfied that at leastseventy-five percent (75%) of the landowners owning at least seventy-fivepercent (75%) of the land in the proposed livestock district who are residentin and qualified electors of Wyoming are in favor of the enforcement of thelivestock law and that it would be beneficial to the district, the board ofcounty commissioners shall make an order creating the livestock district inaccordance with the prayer of the petition or with such modifications as it maychoose to make. The order shall specify a certain time at which it takes effectwhich shall be at least thirty (30) days after the making of the order. Theorder shall continue in force until vacated or modified by the board of countycommissioners upon the petition of seventy-five percent (75%) of the landownersowning seventy-five percent (75%) of the land in the district who are residentin and qualified electors of Wyoming.
11-33-105. Creation; order; mandatory condition of fences.
The board of county commissioners shallprovide as a condition in any order creating a livestock district that thelivestock district shall be enclosed by a lawful fence and that any roadextending from the livestock district shall contain cattle guards or gates atsuch places and of such nature as the board prescribes. The board of countycommissioners shall make its livestock district orders inapplicable to cattle,horses, sheep or mules straying into the livestock district until the districtis enclosed by lawful fence and cattle guards or gates are installed.
11-33-106. Extent of jurisdiction.
W.S. 11-33-101 and 11-33-105 do not conferupon the board of county commissioners any jurisdiction over animals otherwiseprohibited from running at large under existing laws.
11-33-107. Violation of order deemed misdemeanor; subsequentviolations.
Any person who in violation of any order madepursuant to W.S. 11-33-104, permits or allows any of the animals designated inthe order, owned by him or under his control, to run at large in the districtor to be grazed on the highway, is guilty of a misdemeanor. The pendency of anyaction shall not prevent nor prejudice the bringing of another action againstthe same party for a violation of the order committed after the commencement ofthe pending action.
11-33-108. Liability of animal owners; lien on and custody of animals.
The owner of animals permitted or allowedto run at large, or herded in violation of any order made in accordance withW.S. 11-33-104 is liable to any person who suffers damage from the depredationsor trespasses of the animals, without regard to the condition of his fence. Theperson damaged shall have a lien upon the animals for the amount of damage doneand the cost of the proceedings to recover damages, and may take the animalsinto custody until all damages are paid. The person taking the animals intocustody may not retain the animals for more than five (5) days withoutcommencing an action against the owner for damages.
11-33-109. Duty of person taking custody of animals.
Any person may take into custody any of theanimals specified in the order of the board of county commissioners that may beabout to commit a trespass upon the premises owned, occupied or in charge ofthe person and retain the animals until all reasonable charges for keeping theanimals are paid. The person taking the animals into custody shall notify theowner or person in charge of the animals within five (5) days thereafter. Ifthe owner or person in charge of the animals is not known to the person takingthe animals into custody, and cannot be found after diligent inquiry, he mayproceed in the manner provided for the taking up and disposal of estrays.