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.