11-29-103. Livestock animals to be fed while confined; ownership; penalties.
(a) Every person who confines or causes to be confined any livestock animal under the laws of this state, shall supply to the livestock animal during confinement a sufficient quantity of wholesome food and water.
(b) A livestock animal is the private property of its owner.
(c) A violation of this section is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00), or both except that a subsequent offense is a high misdemeanor punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.
11-29-105. Livestock board; certificates or badges to be provided.
Officers and agents of the Wyoming livestock board shall be provided with a certificate by the board that they are officers and agents of the board, in such form as the board may choose, or with a badge bearing the name or seal of the board, and if requested, shall show the certificate or badge when acting officially.
11-29-106. Livestock board; authority to prevent cruelty; penalty for interference with officer.
Any peace officer, agent or officer of the board may lawfully interfere to prevent the perpetration of any act of cruelty upon any livestock animal in his presence. Any person who interferes with, obstructs or resists any peace officer or officer or agent of the board in the discharge of his duty shall be fined not less than two hundred dollars ($200.00) nor more than one thousand five hundred dollars ($1,500.00), or imprisoned not more than one (1) year, or both.
11-29-108. Livestock board; seized livestock animals and
vehicles; lien on seized chattels; civil action for unpaid expenses. When any person arrested under this act is in charge of any vehicle drawn by or containing any livestock animal cruelly treated in violation of W.S. 6-3-1002 or this chapter at the time of arrest, any peace officer, agent or officer of the board may take charge of the livestock animal and vehicle and its contents, and give notice thereof to the owner, if known, and shall provide for them until their owner takes possession of them. The board or local government shall have a lien on the livestock animals, the vehicle and its contents for the reasonable costs of impoundment. The expense or any part remaining unpaid may be recovered by the board or local government in a civil action.
11-29-109. Livestock board; care of abandoned livestock animals; civil action for expenses; lien.
Any peace officer, agent or officer of the board may take charge of any livestock animal found abandoned, neglected or treated with cruelty in violation of W.S. 6-3-1002 or this chapter. He shall give notice to the owner, if known, and may care and provide for the livestock animal until the livestock animal is disposed of. The reasonable costs of impoundment are a charge against the owner of the livestock animal and collectible from the owner by the board or by the local government employing the peace officer taking charge of the livestock animal in a civil action. The board or local government may detain the livestock animals until the reasonable costs of impoundment are paid and shall have a lien upon the livestock animals therefor. This lien shall be filed as provided pursuant to W.S. 29-7-101 through 29-7-106.
11-29-110. Livestock board; enforcement of liens; notice to owner.
Any person entitled to a lien under this act may enforce the lien by disposing of the livestock animals and other personal property upon which the lien is given, at public auction, upon giving written notice to the owner, if he is known, of the time and place of the disposal, at least five (5) days previous thereto, and by posting three (3) notices of the time and place of the disposal in three (3) public places within the county at least five (5) days previous thereto. If the owner is not known, the notice shall be posted at least ten (10) days previous to the disposal.
11-29-111. Livestock board; destruction of diseased or injured livestock animals.
Any peace officer, agent or officer of the board may destroy or cause to be destroyed any livestock animal in his charge when in his judgment and the judgment of a Wyoming licensed veterinarian or the judgment of the livestock animal owner, the livestock animal appears to be severely injured, severely disabled, diseased past recovery or unfit for any useful purpose. There shall be no right for any future indemnity or payment to the owner for the destruction of any livestock animal destroyed and the peace officer, agent or officer of the board shall be held harmless while acting in accordance with this section.
11-29-114. Impoundment of livestock animals; cost of care
for livestock animals; providing for bond, forfeiture hearing.
(a) Any person with authority to enforce this chapter who has probable cause to believe there has been a violation of this chapter may, in consultation with an agent or officer of the board, impound any livestock animal treated cruelly as determined by a Wyoming licensed veterinarian or veterinarian employed by the board.
(b) If any livestock animal is impounded under subsection
(a) of this section, the following shall apply:
(i) Within the earlier of seventy-two (72) hours of impoundment or charges being filed, the circuit court shall hold a hearing to set a bond in an amount the circuit court determines is sufficient to provide for the livestock animal's reasonable costs of impoundment for at least ninety (90) days including the day on which the livestock animal was impounded. At the request of the owner of the livestock animal, the court may make a determination on the disposition of the livestock animal at a hearing pursuant to this paragraph;
(ii) The bond shall be posted by the owner of the livestock animal with the circuit court in the county where the livestock animal was impounded within ten (10) days after the hearing required by this paragraph.
(c) When the bond required by subsection (b) of this section expires, if the owner of the livestock animal desires to prevent disposition of the livestock animal by the person with authority to enforce this chapter, the owner shall post a new bond with the court as described in subsection (b) of this section. The court may correct, alter or otherwise adjust the new bond before the expiration date of the previous bond.
(d) If a bond is not posted under subsection (b) or (c) of this section, the person with authority to enforce this chapter shall dispose of the livestock animal. As used in this section, "dispose" means as defined in W.S. 11-24-101(a)(iv), and shall also mean to place for adoption or return to the owner. The owner of the livestock animal shall be liable for all costs associated with the final disposition of the livestock animal under this subsection. Posting of a bond shall not prevent the person with authority to enforce this chapter from disposing of the impounded livestock animal before the expiration of the period covered by the bond if during a disposition hearing pursuant to subsection (g) of this section the court orders the forfeiture of the livestock animal to a person with authority to enforce this chapter or the owner voluntarily forfeits the livestock animal. No animal shall be forfeited without a hearing pursuant to subsections (g) through (j) of this section, regardless of whether a bond is posted, if the animal is connected to the livelihood or ability to make a living of the owner.
(e) If a bond has been posted in accordance with subsection (b) or (c) of this section, the person with authority to enforce this chapter, may draw from the bond the actual costs as described in subsection (b) of this section, from the date of initial impoundment to the date of final disposition of the livestock animal.
(f) Upon the final disposition of the livestock animal, any bond amount remaining that has not been expended in the impoundment and disposition of the livestock animal shall be remitted to the owner of the livestock animal.
(g) A person with authority to enforce this chapter or other participant in the criminal action, may file a petition in the criminal action requesting that the court issue an order providing for the final disposition of the livestock animal if:
(i) The livestock animal is in the possession of and being held by a person with authority to enforce this chapter;
(ii) The outcome of the criminal action charging a violation of this chapter is pending; and
(iii) The final disposition of the livestock animal has not occurred.
(h) Upon receipt of a petition pursuant to subsection (g) of this section, the court shall set a hearing on the petition for disposition of the livestock animal. The hearing shall be conducted within seven (7) days after the filing of the petition or as soon as practicable thereafter. The hearing shall be limited to the question of the disposition of the livestock animal.
(j) At a hearing conducted pursuant to subsection (h) of this section, the prosecutor shall have the burden of proving by a preponderance of the evidence that the livestock animal was subjected to a violation of this chapter. After the hearing, if the court finds by a preponderance of the evidence that the livestock animal was subjected to a violation of this chapter, the court may order immediate forfeiture of the livestock animal to the person with authority to enforce this chapter. If, after the hearing, the court finds by a preponderance of the evidence that the livestock animal was not subjected to a violation of this chapter, the livestock animal shall be returned to the owner of the livestock animal and the owner shall not be responsible for any reasonable costs of the impoundment incurred after a finding that the livestock animal was not subjected to a violation of this chapter unless the person later pleads guilty to or is found guilty of a violation of this chapter.
11-29-115. Use of agricultural and livestock management practices.
(a) Nothing in this chapter prohibits:
(i) The use of Wyoming industry accepted agricultural or livestock management practices or any other commonly practiced animal husbandry procedure used on livestock animals, as defined by W.S. 11-29-101(a)(vi);
(ii) A Wyoming licensed veterinarian from treating a livestock animal as authorized by the Wyoming Veterinary Medical Practice Act;
(iii) Any rodeo event employing animal care practices generally accepted within the rodeo industry, whether the event is performed in a rodeo, jackpot or similar arena;
(iv) A person from humanely destroying a livestock animal.
11-30-104. Misbranding or altering brand of livestock.
Whoever brands, or alters or defaces the brand of any horse, mule, sheep or cattle of another with intent to steal or to prevent the identification of the animal shall be imprisoned in the penitentiary not less than three (3) nor more than ten (10) years.
11-30-106. Removing skins from carcasses without permission prohibited; exception as to railroads.
(a) Any person who skins or removes from a carcass any part of the skin, hide or pelt of any cattle, sheep, horses, mules or goats found dead, without permission from the owner, is guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or imprisoned not more than six (6) months, or both.
(b) This section does not prevent the skinning of animals killed by railroad companies by employees of the railroad company which killed the stock, but the hide, hides or pelts must be preserved for inspection according to law.
11-30-107. Transportation of beef unlawfully obtained or killed.
Transportation in Wyoming, without authority, of unlawfully obtained or killed beef, mutton, pork or poultry is unlawful, punishable as by law provided. Whenever any law enforcement officer of this state discovers any person unlawfully transporting any unlawfully obtained or killed beef, mutton, pork or poultry in any conveyance or vehicle, he shall seize the beef, mutton, pork or poultry and the conveyance or vehicle. The officer shall also arrest the person in possession thereof. The officer shall promptly prosecute proper charges against each person arrested in the proper court of the county in which the seizure is made. Upon conviction of the person charged with unlawful possession and transportation, the court shall order the forfeit of all personal property seized, and unless satisfactory cause to the contrary is shown by the owner, the court shall order prompt sale at public auction of the seized property. The resulting proceeds, after deducting expenses and costs of sale, shall be paid to the treasurer of the county in which the conviction is had to the credit of its public school funds.
11-30-108. Desertion and abandonment of sheep by herders.
It is unlawful for any person having charge as herder of any sheep to willfully desert and abandon the sheep upon the open range and leave them without care or attention. The herder shall in all cases give the owner or his employer not less than five (5) days notice prior to the time at which he intends to abandon the sheep. Any person who violates this section shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00), imprisoned not more than six (6) months, or both.
11-30-109. Taking horses and equipment without consent of owner.
Any person who unlawfully takes without consent of the owner any horse, ass or mule, or any buggy or other vehicle from the stable, lot, premises or pasture of another, or from a hitching post or rack or any other place, having been lawfully placed there, with intent to set at large, injure or wrongfully use the animal or vehicle taken, is guilty of criminal trespass and shall be fined not less than fifty dollars ($50.00), or more than seven hundred fifty dollars ($750.00), or imprisoned for not more than six (6) months, or both, and is also liable to the party injured in double the amount of damage sustained.
11-30-110. Appropriation of horse or mule on open range without permission.
(a) It is unlawful for any person without the consent of the owner, to take possession of any horse or mule found running at large upon the open range for the purpose or with the intent of working, riding or driving the horse or mule, where there is no intent on the part of the person to steal the horse or mule. It is unlawful for any person to drive any horses or mules not his own, off or away from any range where the horses or mules are found, except to the nearest corral for the purpose of separating them from horses or mules belonging to the person. Any person driving horses or mules not his own from any range for the purpose of separating them from horses or mules belonging to him, shall drive the horses or mules back to the locality where they were found immediately after separating them whenever the animals have been driven for more than five (5) miles.
(b) Any person violating this section shall be fined not less than fifty dollars ($50.00) or more than seven hundred fifty dollars ($750.00), or imprisoned not more than six (6) months, or both.
11-30-111. Ranch or stable keeper not to use horses without consent of owner.
If any person keeping a public ranch or stable uses or allows to be used without consent of the owner any horse, ox, mule or ass that is left with him to be ranched or fed, he shall forfeit to the owner all ranch or stable fees that may be due upon the animal used and an additional forty dollars ($40.00) for each day the animal is used.
11-30-112. Abuse or negligent treatment by bailee.
Any person who takes into his possession, or hires or loans any property of any livery stable keeper, or any other person, and while the property is in his custody shall willfully, or with gross neglect or culpable carelessness damage or destroy the property, or permit the property to be damaged or destroyed, or shall by willful or gross neglect cause the sickness, injury or death of any animal received into his possession, shall be fined not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00), or imprisoned not more than sixty (60) days, or both.
(a) It is unlawful for any person willfully to cut, sever, detach or mutilate more than one-half (1/2) of either ear of any sheep or to unlawfully have in his possession or under his control any sheep which have more than one-half (1/2) of either ear removed or mutilated unless the same are so described in a bill of sale or other certificate of title covering the sheep. Sheep afflicted by bighead are exempt from the provisions of this section.
(b) Any person who violates the provisions of subsection
(a) of this section is guilty of a felony punishable by imprisonment for not more than five (5) years.
11-30-114. Tampering with or drugging of livestock prohibited; definitions; penalty.
(a) No person shall tamper with or sabotage any livestock which has been registered, entered or exhibited in any exhibition in this state.
(b) No person shall administer, dispense, distribute, manufacture, sell or use any drug to or for livestock which has been registered, entered or exhibited in any exhibition in this state unless the drug is approved for such use by the United States Food and Drug Administration or the United States Department of Agriculture. However, nothing shall prevent any person from using a drug on livestock owned by him if either federal agency has approved an application submitted for investigational use in accordance with the federal Food, Drug and Cosmetic Act.
(c) Any person who violates this section shall be punished as provided by W.S. 11-1-103.
(d) As used in this section:
(i) "Drug" means as defined by W.S. 35-7-110(a)(x);
(ii) "Exhibition" means a show or sale of livestock at a fair or elsewhere in this state that is sponsored by or under the authority of the state or any political subdivision, local government, or any agricultural, horticultural or livestock society, association or corporation;
(iii) "Livestock" means any animal generally used for food or in the production of food, including, but not limited to, horses, mules and asses, cattle, sheep, goats, poultry, swine, rabbits or llamas;
(iv) "Sabotage" means to intentionally tamper with any livestock belonging to or owned by another person that has been registered, entered or exhibited in any exhibition or raised for the apparent purpose of being entered in an exhibition;
(v) "Tamper" shall not include any action taken or activity performed or administered by a licensed veterinarian or in accordance with instructions of a licensed veterinarian if the action or activity was undertaken for accepted medical purposes or any action taken as part of accepted grooming, commercial or medical practices, but shall include any of the following:
(A) Treatment of livestock in such a manner that food derived from the livestock would be considered adulterated under the Wyoming Food, Drug and Cosmetic Act, W.S. 35-7-109 et seq.;
(B) The injection, use or administration of any drug that is prohibited by any federal, state or local law or any drug that is used in a manner prohibited by any federal, state or local law;
(C) The injection or other internal administration of any product or material, whether gas, solid or liquid, to any livestock for the purposes of deception including concealing, enhancing or transforming the true conformation, configuration, color, breed, condition or age of the livestock or making the livestock appear more sound than the livestock would otherwise appear;
(D) The use or administration for cosmetic purposes of steroids, illegal growth stimulants or internal artificial filling, including paraffin, silicone injection, or any other substance;
(E) The use or application of any drug or feed additive affecting the central nervous system of the livestock;
(F) The use or administration of diuretics for cosmetic purposes;
(G) The manipulation or removal of tissue, by surgery or otherwise, so as to change, transform or enhance the true conformation or configuration of the livestock. Nothing in this subparagraph shall prohibit generally accepted management practices including but not limited to the dehorning, castration or spaying, corrective shoeing or trimming of any livestock;
(H) Subjecting the livestock to inhumane conditions or procedures for the purpose of concealing, enhancing or transforming the true conformation, configuration, condition or age of the livestock or making the livestock appear more sound than the livestock would otherwise appear;
(J) Substituting any different livestock for the livestock registered or entered in the exhibition without the permission of a responsible official of the exhibition.
11-30-115. Unlawful killing of wild horses and burros;
federal management and invoicing; enforcement by writ of mandamus; state management with other agencies and tribes.
(a) For purposes of this section:
(i) "Affected nonfederal lands" means state, municipal or county lands upon which the landowner has proof that wild horses have regularly grazed;
(ii) "Appropriate management level" or "AML" means the number of wild horses that the United States bureau of land management or United States forest service determines can exist in balance with other public land resources and uses. The AML is a range of low to maximum levels at which wild horse herd populations are consistent with the land's capacity to support them;
(iii) "Herd management area" means lands under the supervision of the United States bureau of land management or United States forest service upon which populations of wild horses are managed according to the 1971 Wild Free-Roaming Horses and Burros Act, as amended, 16 U.S.C. § 1331 et seq.;
(iv) "Wild horse" means any unbranded and unclaimed horse or burro on public lands.
(b) Any person, without legal justification, who willfully and maliciously kills a wild horse is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6), months or both.
(c) Upon the failure or refusal, as determined by the governor, of the United States bureau of land management or United States forest service to remove any wild horses claimed by the United States bureau of land management or United States forest service as belonging to a herd management area, which regularly stray from federal lands, the office of state lands and investments shall provide the United States secretary of the interior or United States secretary of agriculture, as applicable, with annual notice identifying the grazing cost for those wild horses and a request for reimbursement of those costs. To facilitate calculation of costs under this subsection the office of state lands and investments shall:
(i) Determine the total area of the herd management area plus adjacent affected nonfederal lands, and determine the percentage of the total area consisting of affected nonfederal lands;
(ii) Using annual wild horse data from the bureau of land management or forest service, as applicable, calculate the annual animal unit month amount of forage consumed by the wild horses in the applicable area;
(iii) Multiply the forage consumed as calculated under paragraph (ii) of this subsection by the percentage of affected nonfederal lands determined under paragraph (i) of this subsection and apply the rate for services rendered for each acre of affected nonfederal lands:
(A) For wild horse numbers up to the high appropriate management levels, an amount equal to the land lease rate per animal unit month for Wyoming trust land grazing leases;
(B) For wild horse numbers in excess of the high appropriate management levels, an amount equal to three (3) times the land lease rate per animal unit month for Wyoming trust land grazing leases.
(d) Any reimbursement monies received from a federal land management agency in response to a notice of costs of wild horse grazing on affected nonfederal lands and request for reimbursement sent pursuant to subsection (c) of this section shall be deposited with the state treasurer and shall first be credited to the municipality or county in the proportionate share applicable in the notice of costs to municipal or county lands included in the total area of affected nonfederal lands pursuant to paragraph (c)(i) of this section and then the balance shall be deposited in the applicable permanent land income fund. A notice of costs sent pursuant to subsection (c) of this section shall not be construed to impose any collections responsibility or liability on the part of the state to a municipality or county.
(e) The attorney general may seek a writ of mandamus or take other appropriate action to compel the United States bureau of land management or United States forest service, as applicable, to take action to remove excess wild horses as required under federal law from nonfederal lands. Recognizing that wild horses roam without regard to political boundaries, the nonfederal lands for which a writ of mandamus is sought under this subsection may include private land.
(f) To manage wild horses in the state, including on the Wind River Indian Reservation, the governor is authorized to enter into cooperative agreements among state and local agencies and with the United States bureau of land management, the United States forest service, the Eastern Shoshone Tribe, the Northern Arapaho Tribe, an official cooperative tribal governing body, adjacent states, nongovernmental organizations or other private entities. A cooperative agreement under this subsection may provide for any cooperative undertaking to manage wild horses, including population reduction tactics, permanent and temporary fertility control techniques, expanding or increasing the number of wild horse training and adoption programs and other removal activities. Cooperative agreements shall address the long term management of wild horse populations that are in excess of high appropriate management levels. Any revenue generated as a result of general fund expenditures shall be remitted to the state as allowed by law. As used in this subsection:
(i) "Cooperative undertaking" includes an existing program, or a program created pursuant to this subsection, administered by a state agency or any party to the cooperative agreement;
(ii) "Wild horse training and adoption programs" includes programs with any state correctional facility under W.S. 25-13-104.
Dogs are personal property and the subject of theft the same as other personal property. The value in any criminal prosecution shall be determined as in other cases.
11-31-104. Penalties for poisoning or killing with ground glass.
Whoever within the limits of any incorporated city or town willfully poisons or kills any dog by means of ground glass is guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or imprisoned not less than one (1) month nor more than one (1) year, or both.
11-31-105. Killing sheep or other domestic animals; liability of owner.
The owner of any dog is liable for all damages that accrue to any person, firm or corporation by reason of the dog killing, wounding, worrying or chasing any sheep or other domestic animals belonging to the person, firm or corporation. If two (2) or more dogs owned by different persons kill, wound, chase or worry any sheep or other domestic animals, the persons are jointly and severally liable for all damage done by the dogs. Any person who harbors about his premises a dog for twenty (20) days shall be taken and held as the owner and is liable for all damages that the dog commits.
11-31-106. Killing sheep or other domestic animals; destruction.
Every person, firm, copartnership, corporation or company owning any dog, which to his knowledge has killed sheep or other livestock, shall exterminate and destroy the dog.
11-31-107. Running livestock; when killing authorized; liability to owner; exception.
Dogs running livestock against the wish of the owner of the livestock may be killed at once in cases where the livestock has been injured or is threatened with injury. The person killing any dog running livestock is not liable to the owner where the vicious character of the dog or the damage or danger of damage is shown. When livestock is trespassing upon property the property owner may use dogs to drive and keep off livestock from the property.
11-31-108. Running livestock; penalty for permitting.
Any person who permits or directs any dog owned by him or in his possession or in the possession of his employee to chase or run any cattle or other livestock of which he is not the owner and of which he is not in control, farther than one hundred (100) yards from his land, upon government lands, or away from any watering place upon the open range, shall be fined not less than fifty dollars ($50.00) or more than seven hundred fifty dollars ($750.00), or imprisoned not more than six (6) months, or both.