§ 11-29-114 — Impoundment of livestock animals; cost of care for livestock animals; providing for bond, forfeiture hearing

Wyoming § 11-29-114

• Jurisdiction: Wyoming
• Title 11: Agriculture, Livestock and Other Animals
• Ch. 29: PROTECTION OF LIVESTOCK ANIMALS

Text

(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.