Chapter 10 - Crimes And Offenses
CHAPTER 10 - CRIMES AND OFFENSES
ARTICLE 1 - DISPOSAL OF GARBAGE, REFUSE AND DEAD ANIMALS
35-10-101. Depositing or placing refuse matter, dead animals andgarbage into rivers, ditches, railroad rights-of-way, highways or publicgrounds prohibited; exception.
Thedepositing, placing, or causing to be placed or put, the carcass of any deadanimal or the offal or refuse matter from any slaughterhouse, butcher shop,meat market, packing house, fish house, hog pen, stable, or any spoiled meats,spoiled fish, or any animal or vegetable matter in a putrid or decayedcondition or which is liable to become putrid, decayed or offensive, or thecontents of a privy vault, or any refuse or garbage, or any offensive matter orsubstance whatever upon or into any river, creek, bay, pond, canal, ditch,lake, stream, railroad right-of-way, public or private roadway, highway,street, alley lot, field, meadow, public place or public ground, or in anyother and different locality, building, or establishment in this state solocated that the said substance shall directly or indirectly cause or threatento cause the pollution or impairment of the purity and usefulness of the watersof any spring, reservoir, stream, irrigation ditch, lake or water supplywhether surface or subterranean, which are used wholly or partly as a source ofpublic or domestic water supply, or where the same may become a source ofannoyance to any person, or within one-half mile of any inhabited dwelling, orwithin one-half mile of any public roadway, by any person or persons,association of persons, company or corporation, incorporated city, incorporatedor unincorporated town in the state of Wyoming, or the knowingly permitting ofsuch acts by the owner, tenant, or occupant of said places, upon, into, or onsaid places, or the permitting of said offensive substances or other offensivesubstances to remain thereon or therein, shall be unlawful and is herebydeclared to constitute a nuisance detrimental to the public health and generalwelfare of the citizens of Wyoming, provided that no present or futureoperation of any existing municipal garbage disposal system or any extension ofor changes therein, which involves substantially daily burning, and no presentor future operation of any now existing municipal sewage disposal system orfacilities or any extension of or changes therein, shall be considered aswithin the scope of the foregoing provisions of this act or as a violationthereof but further provided that the foregoing exception concerning anyexisting municipal garbage disposal system, whether or not such involvessubstantially daily burning, shall not be applicable to or except from thescope of this act, any such system which has been commenced since priorconstruction in the close vicinity thereof, of occupied residential buildingsor occupied business properties, ten [(10)] or more in number.
35-10-102. Penalty for violation of W.S. 35-10-101.
Anyperson violating the provisions of this act shall be guilty of a misdemeanorand upon conviction thereof shall be punished by a fine of not less than fiftydollars ($50.00) nor more than two hundred dollars ($200.00) or shall beimprisoned in the county jail not to exceed six (6) months, or shall bepunishable by both such fine and imprisonment.
35-10-103. Repealed by Laws 1982, ch. 75, 5; 1983, ch. 171, 3.
35-10-104. Failure of owner to remove or bury dead animal.
Itshall be the duty of the owner, or person having charge of an animal which maydie in this state, to remove the carcass to a distance of not less than half amile from the nearest human habitation, or to bury it with not less than two(2) feet of soil over it; and every person failing to so remove or bury suchcarcass, for more than forty-eight (48) hours, shall upon conviction, be finedin a sum not exceeding one hundred dollars ($100.00). And should such animal bethe property or in charge of some person passing through this state, then anypeace officer may (without warrant) detain the owner or person in charge ofsuch animal, or of the flock or herd from which it died, as soon as such owneror person shall have shown an intention not to so bury or remove said carcass,by removing from it, or removing such flock or herd from it a distance of halfa mile or more, a reasonable time, not to exceed two (2) days, until a warrantcan issue upon an information duly sworn to. And the brand upon such animal maybe given in proof of the ownership of the same.
35-10-105. Repealed by Laws 1982, ch. 75, 5; 1983, ch. 171, 3.
35-10-106. Repealed by Laws 1982, ch. 75, 5; 1983, ch. 171, 3.
35-10-107. Repealed by Laws 1982, ch. 75, 5; 1983, ch. 171, 3.
ARTICLE 2 - FIREWORKS
35-10-201. Definitions.
(a) "Fireworks" means any article, device orsubstance prepared for the primary purpose of producing a visual or auditorysensation by combustion, explosion, deflagration or detonation, including anyitem which may be sold or offered for sale under 15 U.S.C. 1261,21 U.S.C. 371 and 16 C.F.R., Commercial Practices, part 1507.
(b) "Governing body" means the board of countycommissioners as to the area within a county but outside the corporate limitsof any city or town; or means the city council or other governing body of acity or town as to the area within the corporate limits of such city or town.
(c) "Person" shall include an individual,partnership, co-partnership, firm, company, association or corporation.
(d) "Commercial motor vehicle" means anyself-propelled or towed vehicle used on public highways in interstate commerceto transport passengers or property and the vehicle meets one (1) of thefollowing:
(i) The vehicle has a gross vehicle weight rating or grosscombination weight rating of ten thousand one (10,001) pounds;
(ii) The vehicle is designed to transport more than fifteen (15)passengers including the driver; or
(iii) The vehicle is used in the transportation of hazardousmaterials in a quantity requiring placarding under regulations issued by thesecretary of transportation under the federal Hazardous MaterialsTransportation Act, 49 U.S.C. 5101 et seq.
35-10-202. Sale and use prohibited; exception.
Exceptas hereinafter provided, it is unlawful for any person to offer or expose forsale, sell, at either wholesale or retail, give away, use, discharge ordetonate any fireworks in the state of Wyoming.
35-10-203. Permits for public displays required.
(a) Any governing body shall have the power to grant permits,within the area under its jurisdiction, for supervised public displays offireworks by individuals, municipalities, amusement parks and otherorganizations and groups, and to adopt reasonable rules and regulations for thegranting of such permits. Every such display shall be handled by a competentoperator and shall be of such character and so located, discharged and fired asnot to be hazardous to property or endanger any person.
(b) No permit shall be transferable or assignable.
(c) Repealed By Laws 2001, Ch. 97, 2.
35-10-204. Construction; exceptions.
(a) This act shall not be construed to prohibit:
(i) Any person from offering for sale, exposing for sale,selling, or delivering fireworks to any municipality, association, amusementpark, or other organization or group holding a permit issued as hereinprovided, or to the directors of the Wyoming state fair or of any county fairorganized under the laws of this state;
(ii) Any person from using or exploding fireworks in accordancewith the provisions of any permit issued as herein provided or as part of asupervised public display at the Wyoming state fair or of any county fairorganized under the laws of this state;
(iii) Any person from offering for sale, exposing for sale, orselling, any fireworks which are to be and are shipped by commercial motorvehicle directly out of the state;
(iv) Any person from offering for sale, exposing for sale,selling, using, or exploding any article, device or substance for a purposeother than display, exhibition, amusement or entertainment; or when used formining purposes, danger signals, or other necessary uses; or
(v) Any person from offering for sale, exposing for sale,selling, using, or exploding blank cartridges for theatrical or ceremonialpurposes or in organized athletic or sporting events.
35-10-205. Further regulations by municipalities.
Thisact shall not be construed to prohibit the imposition by municipal ordinance offurther regulations or prohibitions upon the sale, use and possession offireworks within the corporate limits of any city or town, including thoseitems defined under 15 U.S.C. 1261, but no such city or town shall permit orauthorize the sale, use or possession of any fireworks in violation of thisact.
35-10-206. Enforcement; disposal of seized fireworks.
Wyomingpeace officers shall seize all stocks of fireworks held in violation of W.S.35-10-201 through 35-10-208 and shall apply to the appropriate court for thedisposition of the fireworks. Following a hearing determining the fireworkswere held in violation of W.S. 35-10-201 through 35-10-208, the fireworks shallbe destroyed or otherwise disposed of upon order of any circuit court ordistrict court.
35-10-207. Penalties.
Anyperson violating any provision of W.S. 35-10-201 through 35-10-208 is guilty ofa misdemeanor and upon conviction thereof shall be punished by a fine of notmore than seven hundred fifty dollars ($750.00), or by imprisonment notexceeding sixty (60) days, or by both such fine and imprisonment.
35-10-208. County regulation of fireworks.
(a) For the purpose of this section "fireworks" meansonly those items which may be sold or offered for sale under 15 U.S.C. 1261,21 U.S.C. 371 and 16 C.F.R., Commercial Practices, part 1507. Aboard of county commissioners may, subject to subsection (b) of this section:
(i) Prohibit the sale to Wyoming residents or use of fireworksby adopting a resolution under W.S. 35-9-301;
(ii) Promulgate reasonable rules and regulations for authorizingthe sale of fireworks.
(b) Notwithstanding subsection (a) of this section, theproposition to prohibit, or authorize in counties that currently prohibit, thesale or use of fireworks in a county shall be submitted to the electors of thecounty upon receipt by the board of county commissioners of a petitionrequesting the election signed by a number of the electors of the county equalto fifteen percent (15%) of the total number of votes cast at the generalelection immediately preceding the date on which the petition is submitted, orby resolution of the board of county commissioners. The proposition shall besubmitted at a primary or general election, if the petition or resolution iscertified sixty (60) days prior to the primary or general election. If theproposition fails, no such petition shall be submitted for four (4) yearsfollowing the election.
(c) Any resolution adopted by a county prohibiting the sale oruse of fireworks which was in effect on February 1, 1990, is deemed to be validunless amended or repealed by the board of county commissioners pursuant tosubsection (b) of this section.
ARTICLE 3 - STORAGE OF EXPLOSIVES
35-10-301. General regulations.
Itshall be unlawful for any person or company to store any gunpowder or any otherexplosive material at a less distance than one thousand (1,000) feet from anyhouse or habitation, when more than fifty (50) pounds are stored at the sameplace; but it shall be unlawful to place or to keep any powder or otherexplosive material, in any house or building occupied as a residence, or anyoutbuilding pertaining thereto.
35-10-302. Construction of powder magazine.
Hereafter,any powder magazine that may be built, shall be so constructed as to provideand maintain the storage room thereof, entirely below the natural surface ofthe ground adjacent; and it shall be unlawful to store such powder orexplosives in any other than such storage rooms.
35-10-303. Penalty for violation of W.S. 35-10-301; violation of W.S.35-10-302 declared nuisance.
Anyoneviolating the provisions of W.S. 35-10-301 shall be on conviction, fined in anysum not exceeding one hundred dollars ($100.00) for each and every offense, andmay be imprisoned not exceeding thirty (30) days, or both fined and imprisoned,in the discretion of the court having jurisdiction. Any violation of theprovisions of W.S. 35-10-302 shall be a public nuisance, and shall be abated atthe suit of any person, in any court of competent jurisdiction.
ARTICLE 4 - MISCELLANEOUS OFFENSES
35-10-401. Obstructing or injuring highways, streets, bridges ornavigable streams generally; offensive manufactures or businesses; pollution ofwaters.
(a) If any person, company or corporation shall obstruct orinjure or cause or procure to be obstructed or injured, any public road orhighway, or common street or alley of any town or village, or any public bridgeor causeway, or public river or stream, declared navigable by law, or shallcontinue such obstruction, so as to render the same inconvenient or dangerousto pass, or shall erect or establish any offensive trade, or manufacture orbusiness, or continue the same after it has been erected or established, orshall in anywise pollute or obstruct any watercourse, lake, pond, marsh orcommon sewer, or continue such obstruction or pollution, so as to render thesame unwholesome or offensive to the county, city, town or neighborhoodthereabouts; every person, company or corporation so offending, shall uponconviction thereof, be fined not exceeding one hundred dollars ($100.00); andevery such nuisance may, by order of the district court before whom theconviction may take place, be removed and abated by the sheriff of the propercounty.
(b) Whoever, in any manner, wrongfully obstructs any publichighway, or injures any bridge, culvert, or embankment, or injures any materialused in the construction of any such road, shall be fined in any sum not morethan one hundred dollars ($100.00), to which may be added imprisonment in thecounty jail not more than three (3) months.
35-10-402. Entering mines, metallurgical works or sawmills whileintoxicated; taking intoxicants into related structures.
Whoevershall, while under the influence of intoxicating liquor, enter any mine,smelter, metallurgical works, machine shops or sawmills, or any of thebuildings connected with the operation of the same in Wyoming where miners orworkmen are employed or whoever shall carry or haul any intoxicating liquorinto the same or any logging or grading camp shall be deemed guilty of amisdemeanor and upon conviction shall be fined in any sum not exceeding fivehundred dollars ($500.00) to which may be added imprisonment in the county jailfor a term not exceeding one (1) year.
35-10-403. Boats for hire required to have life preservers.
Anyperson who shall keep for hire boats, not equipped with life preservers for theprotection of every occupant, shall be guilty of a misdemeanor and uponconviction thereof shall be fined not more than one hundred dollars ($100.00).
35-10-404. Life jackets for occupants of boats and rafts required.
Eachand every person who shall operate a boat, raft or other navigable vessel shallhave available for each occupant on said boat a life jacket of the coast guardapproved type during the time the boat, raft or vessel is afloat upon any ofthe waters of the state of Wyoming.
35-10-405. Life jackets for occupants of boats and rafts; penalty.
Anyperson violating the provisions of the act shall be guilty of a misdemeanor andupon conviction thereof shall be fined not more than one hundred dollars($100.00).
35-10-406. Life jackets for occupants of boats and rafts; enforcement.
Eachand every city, town, county and state law enforcement officer and the gamewardens of the Wyoming game and fish commission shall enforce the provisions ofthis act.
35-10-407. Abandoned iceboxes or refrigerators.
Whoeverabandons or stores any refrigeration unit or icebox in such a place as to beeasily accessible to children without first having made adequate provision toprevent entry into such refrigeration unit or icebox or without having removedall latches, catches, locking devices or the door thereof, so that escape fromthe interior may be had, shall be deemed guilty of a misdemeanor; and uponconviction thereof shall be fined in a sum of not less than fifteen dollars($15.00) nor more than one hundred dollars ($100.00), or be imprisoned for notmore than ninety (90) days or both.
35-10-408. Additional authority of counties, cities and towns toregulate nuisances.
(a) Nothing in this act shall be construed as to prevent anycity, town or village, incorporated under the laws of this state, or the propercorporate authority thereof, from passing or enforcing any ordinance, bylaw,regulation or rule, regulating, restraining, or prohibiting nuisances of anykind or character, or from enforcing any ordinance, bylaw, rule or regulationthereupon, already passed and in force.
(b) Nothing in this act shall be construed as to prevent anycounty from passing or enforcing any resolution regulating, restraining, orprohibiting nuisances which the commission determines to be a threat to healthor safety pursuant to W.S. 18-2-101(a)(viii), or from enforcing any resolutionalready passed and in force.
35-10-409. Sale of metal beverage containers which are severable uponopening prohibited; penalty; definitions.
(a) No person shall sell or offer for sale in this state anymetal beverage container so designed and constructed that a nonbiodegradablepart of the container is severed when the container is opened, with thefollowing exceptions:
(i) Metal beverage containers designed and constructed withbiodegradable severed parts;
(ii) Metal beverage containers sealed by pressure sensitiveadhesive strips; and
(iii) The manufacture of metal beverage containers with orwithout severable parts in this state for sale outside of Wyoming.
(b) Any person violating this section is guilty of amisdemeanor punishable by a fine of not more than one hundred dollars($100.00).
(c) As used in this section, "beverage" means mineralwaters, soda water, carbonated or noncarbonated soft drinks or alcoholic ormalt beverages as defined in W.S. 12-1-101(a)(vii) and (x).