§ 6-3-1010 — Impounding and forfeiture hearing

Wyoming § 6-3-1010

• Jurisdiction: Wyoming
• Title 06: Crimes and Offenses
• Ch. 3: OFFENSES AGAINST PROPERTY
• Art. 10: ANIMAL ABUSE

Text

(a) Any person with authority to enforce this article or
W.S. 11-29-101 through 11-29-115 and who has probable cause to
believe there has been a violation of this article may impound
any animal treated cruelly. The following shall apply to
impounding an animal under this subsection:
(i) If any animal is impounded under this subsection
the following shall apply:
(A) 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 animal's reasonable
costs of impoundment for at least ninety (90) days including the
day on which the animal was impounded. At the request of the
owner of the animal, the court may make a determination on the
disposition of the animal at a hearing pursuant to this
subparagraph;
(B) The bond shall be posted by the owner of the
animal with the circuit court in the county where the animal was
impounded within ten (10) days after the hearing required by
this subparagraph.
(ii) When the bond required by paragraph (i) of this
subsection expires, if the owner of the animal desires to
prevent disposition of the animal by the person with authority
to enforce this article or W.S. 11-29-101 through 11-29-115, the
owner shall post a new bond with the court as described in
paragraph (i) of this subsection. The court may correct, alter
or otherwise adjust the new bond before the expiration date of
the previous bond;
(iii) If a bond is not posted under paragraphs (i) or
(ii) of this subsection, the person with authority to enforce
this article or W.S. 11-29-101 through 11-29-115 shall dispose
of the animal. As used in this section, "dispose" means to place
for adoption, sell, destroy or return to the owner. The owner of
the animal shall be liable for all costs associated with the
final disposition of the animal under this subsection. Posting
of a bond shall not prevent the person with authority to enforce
this article or W.S. 11-29-101 through 11-29-115 from disposing
of the impounded animal before the expiration of the period
covered by the bond if during a disposition hearing pursuant to
paragraph (vi) of this subsection the court orders the
forfeiture of the animal to a person with authority to enforce
this article or W.S. 11-29-101 through 11-29-115 or the owner
voluntarily forfeits the animal. No animal shall be forfeited
pursuant to paragraph (vi) of this subsection without a hearing
pursuant to paragraphs (vi) through (viii) of this subsection,
regardless of whether a bond is posted, if the animal is
connected to the livelihood or ability to make a living of the
owner;
(iv) If a bond has been posted in accordance with
paragraph (i) or (ii) of this subsection, the person with
authority to enforce this article or W.S. 11-29-101 through 11-
29-115 may draw from the bond the actual costs of the activities
described in paragraph (i) of this subsection, from the date of
initial impoundment to the date of final disposition of the
animal;
(v) Upon the final disposition of the animal, any
bond amount remaining that has not been expended in the
impoundment and disposition of the animal shall be remitted to
the owner of the animal;
(vi) A person with authority to enforce this article
or W.S. 11-29-101 through 11-29-115 or other participant in the
criminal action may file a petition in the criminal action
requesting the court issue an order providing for the final
disposition of the animal if:
(A) The animal is in the possession of and being
held by a person with authority to enforce this article or W.S.
11-29-101 through 11-29-115;
(B) The outcome of the criminal action charging
a violation of this article is pending; and
(C) The final disposition of the animal has not
occurred.
(vii) Upon receipt of a petition pursuant to
paragraph (vi) of this subsection, the court shall set a hearing
on the petition for disposition of the 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 animal;
(viii) At a hearing conducted pursuant to paragraph
(vii) of this subsection, the prosecutor shall have the burden
of proving by a preponderance of the evidence that the animal
was subjected to a violation of this article. After the hearing,
if the court finds by a preponderance of the evidence that the
animal was subjected to a violation of this article, the court
may order immediate forfeiture of the animal to the person with
authority to enforce this article or W.S. 11-29-101 through 11-
29-115. If, after the hearing, the court finds by a
preponderance of the evidence that the animal was not subjected
to a violation of this article, the animal shall be returned to
the owner of the animal and the owner shall not be responsible
for any costs of the impoundment incurred after a finding that
the animal was not subjected to a violation of this article
unless the person later pleads guilty to or is found guilty of a
violation of this article.