State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter6

CHAPTER 6 - OFFENSES AGAINST PUBLIC PEACE

 

ARTICLE 1 - DISTURBANCES OF PUBLIC ORDER

 

6-6-101. Fighting in public; penalties.

 

Aperson commits a misdemeanor punishable by imprisonment for not more than six(6) months, a fine of not more than seven hundred fifty dollars ($750.00), orboth, if, by agreement, he fights with one (1) or more persons in public.

 

6-6-102. Breach of the peace; penalties.

 

(a) A person commits breach of the peace if he disturbs thepeace of a community or its inhabitants by unreasonably loud noise or music orby using threatening, abusive or obscene language or violent actions withknowledge or probable cause to believe he will disturb the peace.

 

(b) Breach of the peace is a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.

 

6-6-103. Telephone calls; unlawful acts; penalties; place ofcommission of crime.

 

(a) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both, if he telephones another anonymously or under a false orfictitious name and uses obscene, lewd or profane language or suggests a lewdor lascivious act with intent to terrify, intimidate, threaten, harass, annoyor offend.

 

(b) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both, if:

 

(i) By repeated anonymous telephone calls, he disturbs thepeace, quiet or privacy of persons where the calls were received; or

 

(ii) He telephones another and threatens to inflict injury orphysical harm to the person or property of any person.

 

(c) A crime under this section is committed at the place wherethe calls either originated or were received.

 

6-6-104. Unlawful automated telephone solicitation; exceptions;penalties.

 

(a) No person shall use an automated telephone system or devicefor the selection and dialing of telephone numbers and playing of recordedmessages if a message is completed to the dialed number, for purposes of:

 

(i) Offering any goods or services for sale;

 

(ii) Conveying information on goods or services in solicitingsales or purchases;

 

(iii) Soliciting information;

 

(iv) Gathering data and statistics; or

 

(v) Promoting or any other use related to a political campaign.

 

(b) This section shall not prohibit the use of an automatedtelephone system or device described under subsection (a) of this section forpurposes of informing purchasers of the receipt, availability or delivery ofgoods or services, any delay or other pertinent information on the status ofany purchased goods or services or responding to an inquiry initiated by anyperson, or the use of an automated telephone dialing system as authorized byW.S. 40-12-303.

 

(c) Any person violating subsection (a) of this section isguilty of a misdemeanor punishable by imprisonment for not more than six (6)months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

 

6-6-105. Unlawful protesting at a funeral; penalties.

 

A person commits a misdemeanor punishableby imprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if he protests, pickets, or otherwisecauses a breach of the peace within three hundred (300) feet of a cemetery,church, building or other facility at which a funeral or memorial service is beingconducted, and if the protest, picket or other action occurs within one (1)hour prior to, during or within one (1) hour after the funeral or memorialservice.

 

ARTICLE 2 - NUISANCES

 

6-6-201. "Nuisance" defined.

 

Whoevermaintains, uses, owns or leases any structure, boat or vehicle for the purposeof lewdness, assignation, prostitution or gambling, or for manufacture,possession, sale or disposition of intoxicating liquor or any controlledsubstance in violation of law, is guilty of a nuisance, and the structure, boator vehicle and the ground upon which the structure is situated and thefurniture, fixtures, musical instruments, gambling devices, and instruments ofevery kind or nature, and contents, are also declared a nuisance, and shall beenjoined and abated.

 

6-6-202. Abatement by injunction; suit by county attorney or citizen;petition; temporary injunction; notice to defendant; issuance and effect ofinjunction.

 

Whenevera nuisance exists as defined in this article, the county attorney or anycitizen of the county may maintain an action in the name of the state ofWyoming upon the relation of the county attorney or citizen, to perpetuallyenjoin the nuisance, the person maintaining the nuisance, and the owner oragent of the building or ground upon which the nuisance exists. In the action,the court shall, upon the presentation of a petition alleging that the nuisancecomplained of exists, allow a temporary writ of injunction without bond, if itappears to the satisfaction of the court by evidence in the form of affidavits,depositions, oral testimony or otherwise. Three (3) days notice in writingshall be given the defendant of the application, and, if then continued at hisinstance, the writ as prayed shall be granted as a matter of course. When aninjunction has been granted, it shall be binding on the defendant throughoutthe judicial district in which it was issued, and any violation of theprovisions of injunction shall be a contempt.

 

6-6-203. Trial; evidence of general reputation; dismissal orprosecution of action; substitution of complainant; costs.

 

Theaction, when brought, shall be triable at the first term of court after due andtimely service of the notice has been given. In the action evidence of thegeneral reputation of the place is admissible for the purpose of proving theexistence of the nuisance. If the complaint is filed by a citizen, it shall notbe dismissed except upon a sworn statement made by the complainant and hisattorney, setting forth the reason why the action should be dismissed, and thedismissal approved by the county attorney in writing or in open court. If thecourt finds the action ought not to be dismissed, he may direct the countyattorney to prosecute the action to judgment. If the action is continued morethan one (1) term of court, any citizen of the county or the county attorneymay be substituted for the complaining party and prosecute the action tojudgment. If the action is brought by a citizen and the court finds there wasno reasonable ground or cause for the action, the costs may be taxed to thecitizen.

 

6-6-204. Order of abatement; removal and sale of movable property;closing of building; breaking and entering closed building; fees.

 

Ifthe existence of the nuisance is established in an action as provided in thisarticle, or in a criminal proceeding, an order of abatement shall be entered asa part of the judgment in the case. The order shall direct the removal from thebuilding or place of all fixtures, furniture, musical instruments or movableproperty contained therein used in conducting the nuisance, and shall directthe sale thereof in the manner provided for the sale of personal property underexecution, and shall order the closure of the structure or place against theuse for a period specified by the court. If any person breaks and enters oruses a structure or place directed to be closed, he shall be punished asprovided in W.S. 6-6-208. For removing and selling the movable property, theofficer shall be entitled to receive the same fees as he would for levying uponand selling like property on execution. For closing the premises and keepingthem closed, a reasonable sum shall be allowed by the court.

 

6-6-205. Disposition of proceeds of sale.

 

Theproceeds of the sale of the personal property, as provided in W.S. 6-6-204,shall be applied in payment of the costs of the action and abatement, and thebalance, if any, shall be paid to the defendant.

 

6-6-206. Cancellation of closing order and release of property uponpayment of costs, filing of bond and promised abatement of nuisance; effect ofrelease.

 

Ifthe owner appears and pays all costs of the proceeding, and files a bond withsureties to be approved by the clerk in the full value of the property, asspecified by the court, conditioned that he will immediately abate the nuisanceand prevent recurrence of the nuisance for a time specified by the court, thecourt may, if satisfied of his good faith, cancel the order of abatement as itrelates to the property. The release of the property under this section shallnot release it from any judgment, lien or liability to which it may be subjectby law.

 

6-6-207. Assessment of tax when permanent injunction issues;collection; continuing liability for other penalties.

 

Whenevera permanent injunction issues against any person for maintaining a nuisance oragainst the owner or agent of any building kept or used for the purposesprohibited by this article, there shall be assessed against the building andthe ground upon which it is located and against the person or personsmaintaining the nuisance, and the owner or agent of the premises, a tax ofthree hundred dollars ($300.00). The assessment of the tax shall be made by theassessor of the county in which the nuisance exists and shall be made withinthree (3) months from the date of granting of the permanent injunction. If theassessor fails or neglects to make the assessment, it shall be made by thesheriff of the county and a return of the assessment shall be made to thecounty treasurer. The tax may be enforced and collected in the mannerprescribed for the collection of taxes under the general revenue laws and shallbe a perpetual lien upon all property, both personal and real used for thepurpose of maintaining the nuisance. The payment of the tax does not relievethe person or building from any other penalties provided by law and whencollected shall be applied and distributed in the manner prescribed by law forthe application and distribution of monies arising from the collection of finesand penalties in criminal cases.

 

6-6-208. Contempt proceedings for violation of injunction;commencement; trial; penalties.

 

Ifany injunction granted under this article is violated, the court may summarilytry and punish the offender. The proceedings shall be commenced by filing withthe clerk of the court an information under oath, setting out the alleged factsconstituting the violation, upon which the court shall cause a warrant toissue, under which the defendant shall be arrested. The trial may be had uponaffidavits, or either party may demand the production and oral examination ofthe witnesses. A party found guilty of contempt under this section shall bepunished by a fine of not more than one thousand dollars ($1,000.00), or byimprisonment in the county jail not more than six (6) months, or both.

 

6-6-209. "Public nuisance" defined; maintenance thereof;penalty.

 

Everystructure, boat or vehicle used and occupied as a house of ill fame, or forpurposes of prostitution or gambling, or for the purpose of manufacture,possession, sale or disposition of intoxicating liquor or any controlledsubstance in violation of law shall be held and deemed a public nuisance. Anyperson owning, or having the control of the property, and knowingly leasing orsubletting the property, in whole or in part, for the purpose of keeping ahouse or place of ill fame, prostitution or gambling, or for the purpose ofmanufacture, possession, sale or disposition of intoxicating liquor or anycontrolled substance in violation of law, or knowingly permitting the propertyto be used or occupied for that purpose, or using or occupying the property forthat purpose, shall for every offense be fined not exceeding seven hundredfifty dollars ($750.00) or be imprisoned in the county jail not to exceed six(6) months.

 

ARTICLE 3 - UNLAWFUL CONDUCT WITHIN GOVERNMENTAL FACILITIES

 

6-6-301. Definitions.

 

(a) As used in W.S. 6-6-301 through 6-6-307:

 

(i) "Governing body" means any elected or appointedcommission, board, agency, council, trustees or other body created orauthorized by the laws of this state and vested with authority to performspecified governmental, educational, proprietary or regulatory functions;

 

(ii) "Facilities" means any lands, buildings orstructures.

 

6-6-302. Obstructive or disruptive conduct within governmentalfacilities prohibited.

 

(a) No person, acting either singly or in concert with others,shall go into or upon facilities owned by, or under the control of, a governingbody and obstruct or disrupt, by force, violence or other conduct which is infact obstructive or disruptive, the activities conducted therein or thereon orthe uses made thereof under the authority of the governing body. Obstructive ordisruptive activities include restricting lawful:

 

(i) Freedom of movement on or within a facility;

 

(ii) And designated use of a facility;

 

(iii) Ingress or egress on or within a facility.

 

6-6-303. Refusing to desist or remove oneself from facilities.

 

Noperson within or upon the facilities of a governing body shall refuse to desistfrom a course of conduct or to remove himself from the facilities upon requestby an authorized representative of the governing body, after having beennotified that the conduct or the presence of the person is contrary to or inviolation of established policies, rules or regulations of the governing bodywhich are reasonably related to the furtherance of the lawful purposes of thegoverning body and incident to the maintenance or orderly and efficient use ofits facilities for the purposes for which acquired or designated.

 

6-6-304. Freedom of speech, press or assembly not abridged.

 

Nothingin W.S. 6-6-301 through 6-6-307 prevents, denies or abridges the freedom ofspeech or of the press, or the right of the people peaceably to assemble toconsult for the common good, to make known their opinions, and to petition forthe redress of grievances.

 

6-6-305. Penalties for violations of article.

 

Anyperson violating any provision of W.S. 6-6-301 through 6-6-307 is guilty of amisdemeanor, and, upon conviction thereof, shall be punished by a fine of notmore than seven hundred fifty dollars ($750.00), or by imprisonment in thecounty jail for a period not to exceed sixty (60) days, or both.

 

6-6-306. Identification may be required; ejectment from facilitieswhen presence unlawful or prohibited.

 

Everygoverning body, acting through its officers and employees, may requireidentification of any person within or upon its facilities and eject any personfrom the facilities upon his refusal to leave peaceably upon request, when hispresence in a facility is unlawful or otherwise prohibited by the governingbody.

 

6-6-307. No restriction on powers of governing body.

 

Nothingwithin W.S. 6-6-301 through 6-6-307 is intended, nor shall operate, to limit orrestrict each governing body from carrying out its purposes and objectivesthrough the exercise of powers otherwise granted by law nor shall preclude agoverning body from taking disciplinary action against those violating W.S.6-6-301 through 6-6-307 who are subject to its disciplinary authority.

 

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter6

CHAPTER 6 - OFFENSES AGAINST PUBLIC PEACE

 

ARTICLE 1 - DISTURBANCES OF PUBLIC ORDER

 

6-6-101. Fighting in public; penalties.

 

Aperson commits a misdemeanor punishable by imprisonment for not more than six(6) months, a fine of not more than seven hundred fifty dollars ($750.00), orboth, if, by agreement, he fights with one (1) or more persons in public.

 

6-6-102. Breach of the peace; penalties.

 

(a) A person commits breach of the peace if he disturbs thepeace of a community or its inhabitants by unreasonably loud noise or music orby using threatening, abusive or obscene language or violent actions withknowledge or probable cause to believe he will disturb the peace.

 

(b) Breach of the peace is a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.

 

6-6-103. Telephone calls; unlawful acts; penalties; place ofcommission of crime.

 

(a) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both, if he telephones another anonymously or under a false orfictitious name and uses obscene, lewd or profane language or suggests a lewdor lascivious act with intent to terrify, intimidate, threaten, harass, annoyor offend.

 

(b) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both, if:

 

(i) By repeated anonymous telephone calls, he disturbs thepeace, quiet or privacy of persons where the calls were received; or

 

(ii) He telephones another and threatens to inflict injury orphysical harm to the person or property of any person.

 

(c) A crime under this section is committed at the place wherethe calls either originated or were received.

 

6-6-104. Unlawful automated telephone solicitation; exceptions;penalties.

 

(a) No person shall use an automated telephone system or devicefor the selection and dialing of telephone numbers and playing of recordedmessages if a message is completed to the dialed number, for purposes of:

 

(i) Offering any goods or services for sale;

 

(ii) Conveying information on goods or services in solicitingsales or purchases;

 

(iii) Soliciting information;

 

(iv) Gathering data and statistics; or

 

(v) Promoting or any other use related to a political campaign.

 

(b) This section shall not prohibit the use of an automatedtelephone system or device described under subsection (a) of this section forpurposes of informing purchasers of the receipt, availability or delivery ofgoods or services, any delay or other pertinent information on the status ofany purchased goods or services or responding to an inquiry initiated by anyperson, or the use of an automated telephone dialing system as authorized byW.S. 40-12-303.

 

(c) Any person violating subsection (a) of this section isguilty of a misdemeanor punishable by imprisonment for not more than six (6)months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

 

6-6-105. Unlawful protesting at a funeral; penalties.

 

A person commits a misdemeanor punishableby imprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if he protests, pickets, or otherwisecauses a breach of the peace within three hundred (300) feet of a cemetery,church, building or other facility at which a funeral or memorial service is beingconducted, and if the protest, picket or other action occurs within one (1)hour prior to, during or within one (1) hour after the funeral or memorialservice.

 

ARTICLE 2 - NUISANCES

 

6-6-201. "Nuisance" defined.

 

Whoevermaintains, uses, owns or leases any structure, boat or vehicle for the purposeof lewdness, assignation, prostitution or gambling, or for manufacture,possession, sale or disposition of intoxicating liquor or any controlledsubstance in violation of law, is guilty of a nuisance, and the structure, boator vehicle and the ground upon which the structure is situated and thefurniture, fixtures, musical instruments, gambling devices, and instruments ofevery kind or nature, and contents, are also declared a nuisance, and shall beenjoined and abated.

 

6-6-202. Abatement by injunction; suit by county attorney or citizen;petition; temporary injunction; notice to defendant; issuance and effect ofinjunction.

 

Whenevera nuisance exists as defined in this article, the county attorney or anycitizen of the county may maintain an action in the name of the state ofWyoming upon the relation of the county attorney or citizen, to perpetuallyenjoin the nuisance, the person maintaining the nuisance, and the owner oragent of the building or ground upon which the nuisance exists. In the action,the court shall, upon the presentation of a petition alleging that the nuisancecomplained of exists, allow a temporary writ of injunction without bond, if itappears to the satisfaction of the court by evidence in the form of affidavits,depositions, oral testimony or otherwise. Three (3) days notice in writingshall be given the defendant of the application, and, if then continued at hisinstance, the writ as prayed shall be granted as a matter of course. When aninjunction has been granted, it shall be binding on the defendant throughoutthe judicial district in which it was issued, and any violation of theprovisions of injunction shall be a contempt.

 

6-6-203. Trial; evidence of general reputation; dismissal orprosecution of action; substitution of complainant; costs.

 

Theaction, when brought, shall be triable at the first term of court after due andtimely service of the notice has been given. In the action evidence of thegeneral reputation of the place is admissible for the purpose of proving theexistence of the nuisance. If the complaint is filed by a citizen, it shall notbe dismissed except upon a sworn statement made by the complainant and hisattorney, setting forth the reason why the action should be dismissed, and thedismissal approved by the county attorney in writing or in open court. If thecourt finds the action ought not to be dismissed, he may direct the countyattorney to prosecute the action to judgment. If the action is continued morethan one (1) term of court, any citizen of the county or the county attorneymay be substituted for the complaining party and prosecute the action tojudgment. If the action is brought by a citizen and the court finds there wasno reasonable ground or cause for the action, the costs may be taxed to thecitizen.

 

6-6-204. Order of abatement; removal and sale of movable property;closing of building; breaking and entering closed building; fees.

 

Ifthe existence of the nuisance is established in an action as provided in thisarticle, or in a criminal proceeding, an order of abatement shall be entered asa part of the judgment in the case. The order shall direct the removal from thebuilding or place of all fixtures, furniture, musical instruments or movableproperty contained therein used in conducting the nuisance, and shall directthe sale thereof in the manner provided for the sale of personal property underexecution, and shall order the closure of the structure or place against theuse for a period specified by the court. If any person breaks and enters oruses a structure or place directed to be closed, he shall be punished asprovided in W.S. 6-6-208. For removing and selling the movable property, theofficer shall be entitled to receive the same fees as he would for levying uponand selling like property on execution. For closing the premises and keepingthem closed, a reasonable sum shall be allowed by the court.

 

6-6-205. Disposition of proceeds of sale.

 

Theproceeds of the sale of the personal property, as provided in W.S. 6-6-204,shall be applied in payment of the costs of the action and abatement, and thebalance, if any, shall be paid to the defendant.

 

6-6-206. Cancellation of closing order and release of property uponpayment of costs, filing of bond and promised abatement of nuisance; effect ofrelease.

 

Ifthe owner appears and pays all costs of the proceeding, and files a bond withsureties to be approved by the clerk in the full value of the property, asspecified by the court, conditioned that he will immediately abate the nuisanceand prevent recurrence of the nuisance for a time specified by the court, thecourt may, if satisfied of his good faith, cancel the order of abatement as itrelates to the property. The release of the property under this section shallnot release it from any judgment, lien or liability to which it may be subjectby law.

 

6-6-207. Assessment of tax when permanent injunction issues;collection; continuing liability for other penalties.

 

Whenevera permanent injunction issues against any person for maintaining a nuisance oragainst the owner or agent of any building kept or used for the purposesprohibited by this article, there shall be assessed against the building andthe ground upon which it is located and against the person or personsmaintaining the nuisance, and the owner or agent of the premises, a tax ofthree hundred dollars ($300.00). The assessment of the tax shall be made by theassessor of the county in which the nuisance exists and shall be made withinthree (3) months from the date of granting of the permanent injunction. If theassessor fails or neglects to make the assessment, it shall be made by thesheriff of the county and a return of the assessment shall be made to thecounty treasurer. The tax may be enforced and collected in the mannerprescribed for the collection of taxes under the general revenue laws and shallbe a perpetual lien upon all property, both personal and real used for thepurpose of maintaining the nuisance. The payment of the tax does not relievethe person or building from any other penalties provided by law and whencollected shall be applied and distributed in the manner prescribed by law forthe application and distribution of monies arising from the collection of finesand penalties in criminal cases.

 

6-6-208. Contempt proceedings for violation of injunction;commencement; trial; penalties.

 

Ifany injunction granted under this article is violated, the court may summarilytry and punish the offender. The proceedings shall be commenced by filing withthe clerk of the court an information under oath, setting out the alleged factsconstituting the violation, upon which the court shall cause a warrant toissue, under which the defendant shall be arrested. The trial may be had uponaffidavits, or either party may demand the production and oral examination ofthe witnesses. A party found guilty of contempt under this section shall bepunished by a fine of not more than one thousand dollars ($1,000.00), or byimprisonment in the county jail not more than six (6) months, or both.

 

6-6-209. "Public nuisance" defined; maintenance thereof;penalty.

 

Everystructure, boat or vehicle used and occupied as a house of ill fame, or forpurposes of prostitution or gambling, or for the purpose of manufacture,possession, sale or disposition of intoxicating liquor or any controlledsubstance in violation of law shall be held and deemed a public nuisance. Anyperson owning, or having the control of the property, and knowingly leasing orsubletting the property, in whole or in part, for the purpose of keeping ahouse or place of ill fame, prostitution or gambling, or for the purpose ofmanufacture, possession, sale or disposition of intoxicating liquor or anycontrolled substance in violation of law, or knowingly permitting the propertyto be used or occupied for that purpose, or using or occupying the property forthat purpose, shall for every offense be fined not exceeding seven hundredfifty dollars ($750.00) or be imprisoned in the county jail not to exceed six(6) months.

 

ARTICLE 3 - UNLAWFUL CONDUCT WITHIN GOVERNMENTAL FACILITIES

 

6-6-301. Definitions.

 

(a) As used in W.S. 6-6-301 through 6-6-307:

 

(i) "Governing body" means any elected or appointedcommission, board, agency, council, trustees or other body created orauthorized by the laws of this state and vested with authority to performspecified governmental, educational, proprietary or regulatory functions;

 

(ii) "Facilities" means any lands, buildings orstructures.

 

6-6-302. Obstructive or disruptive conduct within governmentalfacilities prohibited.

 

(a) No person, acting either singly or in concert with others,shall go into or upon facilities owned by, or under the control of, a governingbody and obstruct or disrupt, by force, violence or other conduct which is infact obstructive or disruptive, the activities conducted therein or thereon orthe uses made thereof under the authority of the governing body. Obstructive ordisruptive activities include restricting lawful:

 

(i) Freedom of movement on or within a facility;

 

(ii) And designated use of a facility;

 

(iii) Ingress or egress on or within a facility.

 

6-6-303. Refusing to desist or remove oneself from facilities.

 

Noperson within or upon the facilities of a governing body shall refuse to desistfrom a course of conduct or to remove himself from the facilities upon requestby an authorized representative of the governing body, after having beennotified that the conduct or the presence of the person is contrary to or inviolation of established policies, rules or regulations of the governing bodywhich are reasonably related to the furtherance of the lawful purposes of thegoverning body and incident to the maintenance or orderly and efficient use ofits facilities for the purposes for which acquired or designated.

 

6-6-304. Freedom of speech, press or assembly not abridged.

 

Nothingin W.S. 6-6-301 through 6-6-307 prevents, denies or abridges the freedom ofspeech or of the press, or the right of the people peaceably to assemble toconsult for the common good, to make known their opinions, and to petition forthe redress of grievances.

 

6-6-305. Penalties for violations of article.

 

Anyperson violating any provision of W.S. 6-6-301 through 6-6-307 is guilty of amisdemeanor, and, upon conviction thereof, shall be punished by a fine of notmore than seven hundred fifty dollars ($750.00), or by imprisonment in thecounty jail for a period not to exceed sixty (60) days, or both.

 

6-6-306. Identification may be required; ejectment from facilitieswhen presence unlawful or prohibited.

 

Everygoverning body, acting through its officers and employees, may requireidentification of any person within or upon its facilities and eject any personfrom the facilities upon his refusal to leave peaceably upon request, when hispresence in a facility is unlawful or otherwise prohibited by the governingbody.

 

6-6-307. No restriction on powers of governing body.

 

Nothingwithin W.S. 6-6-301 through 6-6-307 is intended, nor shall operate, to limit orrestrict each governing body from carrying out its purposes and objectivesthrough the exercise of powers otherwise granted by law nor shall preclude agoverning body from taking disciplinary action against those violating W.S.6-6-301 through 6-6-307 who are subject to its disciplinary authority.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter6

CHAPTER 6 - OFFENSES AGAINST PUBLIC PEACE

 

ARTICLE 1 - DISTURBANCES OF PUBLIC ORDER

 

6-6-101. Fighting in public; penalties.

 

Aperson commits a misdemeanor punishable by imprisonment for not more than six(6) months, a fine of not more than seven hundred fifty dollars ($750.00), orboth, if, by agreement, he fights with one (1) or more persons in public.

 

6-6-102. Breach of the peace; penalties.

 

(a) A person commits breach of the peace if he disturbs thepeace of a community or its inhabitants by unreasonably loud noise or music orby using threatening, abusive or obscene language or violent actions withknowledge or probable cause to believe he will disturb the peace.

 

(b) Breach of the peace is a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.

 

6-6-103. Telephone calls; unlawful acts; penalties; place ofcommission of crime.

 

(a) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both, if he telephones another anonymously or under a false orfictitious name and uses obscene, lewd or profane language or suggests a lewdor lascivious act with intent to terrify, intimidate, threaten, harass, annoyor offend.

 

(b) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both, if:

 

(i) By repeated anonymous telephone calls, he disturbs thepeace, quiet or privacy of persons where the calls were received; or

 

(ii) He telephones another and threatens to inflict injury orphysical harm to the person or property of any person.

 

(c) A crime under this section is committed at the place wherethe calls either originated or were received.

 

6-6-104. Unlawful automated telephone solicitation; exceptions;penalties.

 

(a) No person shall use an automated telephone system or devicefor the selection and dialing of telephone numbers and playing of recordedmessages if a message is completed to the dialed number, for purposes of:

 

(i) Offering any goods or services for sale;

 

(ii) Conveying information on goods or services in solicitingsales or purchases;

 

(iii) Soliciting information;

 

(iv) Gathering data and statistics; or

 

(v) Promoting or any other use related to a political campaign.

 

(b) This section shall not prohibit the use of an automatedtelephone system or device described under subsection (a) of this section forpurposes of informing purchasers of the receipt, availability or delivery ofgoods or services, any delay or other pertinent information on the status ofany purchased goods or services or responding to an inquiry initiated by anyperson, or the use of an automated telephone dialing system as authorized byW.S. 40-12-303.

 

(c) Any person violating subsection (a) of this section isguilty of a misdemeanor punishable by imprisonment for not more than six (6)months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

 

6-6-105. Unlawful protesting at a funeral; penalties.

 

A person commits a misdemeanor punishableby imprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if he protests, pickets, or otherwisecauses a breach of the peace within three hundred (300) feet of a cemetery,church, building or other facility at which a funeral or memorial service is beingconducted, and if the protest, picket or other action occurs within one (1)hour prior to, during or within one (1) hour after the funeral or memorialservice.

 

ARTICLE 2 - NUISANCES

 

6-6-201. "Nuisance" defined.

 

Whoevermaintains, uses, owns or leases any structure, boat or vehicle for the purposeof lewdness, assignation, prostitution or gambling, or for manufacture,possession, sale or disposition of intoxicating liquor or any controlledsubstance in violation of law, is guilty of a nuisance, and the structure, boator vehicle and the ground upon which the structure is situated and thefurniture, fixtures, musical instruments, gambling devices, and instruments ofevery kind or nature, and contents, are also declared a nuisance, and shall beenjoined and abated.

 

6-6-202. Abatement by injunction; suit by county attorney or citizen;petition; temporary injunction; notice to defendant; issuance and effect ofinjunction.

 

Whenevera nuisance exists as defined in this article, the county attorney or anycitizen of the county may maintain an action in the name of the state ofWyoming upon the relation of the county attorney or citizen, to perpetuallyenjoin the nuisance, the person maintaining the nuisance, and the owner oragent of the building or ground upon which the nuisance exists. In the action,the court shall, upon the presentation of a petition alleging that the nuisancecomplained of exists, allow a temporary writ of injunction without bond, if itappears to the satisfaction of the court by evidence in the form of affidavits,depositions, oral testimony or otherwise. Three (3) days notice in writingshall be given the defendant of the application, and, if then continued at hisinstance, the writ as prayed shall be granted as a matter of course. When aninjunction has been granted, it shall be binding on the defendant throughoutthe judicial district in which it was issued, and any violation of theprovisions of injunction shall be a contempt.

 

6-6-203. Trial; evidence of general reputation; dismissal orprosecution of action; substitution of complainant; costs.

 

Theaction, when brought, shall be triable at the first term of court after due andtimely service of the notice has been given. In the action evidence of thegeneral reputation of the place is admissible for the purpose of proving theexistence of the nuisance. If the complaint is filed by a citizen, it shall notbe dismissed except upon a sworn statement made by the complainant and hisattorney, setting forth the reason why the action should be dismissed, and thedismissal approved by the county attorney in writing or in open court. If thecourt finds the action ought not to be dismissed, he may direct the countyattorney to prosecute the action to judgment. If the action is continued morethan one (1) term of court, any citizen of the county or the county attorneymay be substituted for the complaining party and prosecute the action tojudgment. If the action is brought by a citizen and the court finds there wasno reasonable ground or cause for the action, the costs may be taxed to thecitizen.

 

6-6-204. Order of abatement; removal and sale of movable property;closing of building; breaking and entering closed building; fees.

 

Ifthe existence of the nuisance is established in an action as provided in thisarticle, or in a criminal proceeding, an order of abatement shall be entered asa part of the judgment in the case. The order shall direct the removal from thebuilding or place of all fixtures, furniture, musical instruments or movableproperty contained therein used in conducting the nuisance, and shall directthe sale thereof in the manner provided for the sale of personal property underexecution, and shall order the closure of the structure or place against theuse for a period specified by the court. If any person breaks and enters oruses a structure or place directed to be closed, he shall be punished asprovided in W.S. 6-6-208. For removing and selling the movable property, theofficer shall be entitled to receive the same fees as he would for levying uponand selling like property on execution. For closing the premises and keepingthem closed, a reasonable sum shall be allowed by the court.

 

6-6-205. Disposition of proceeds of sale.

 

Theproceeds of the sale of the personal property, as provided in W.S. 6-6-204,shall be applied in payment of the costs of the action and abatement, and thebalance, if any, shall be paid to the defendant.

 

6-6-206. Cancellation of closing order and release of property uponpayment of costs, filing of bond and promised abatement of nuisance; effect ofrelease.

 

Ifthe owner appears and pays all costs of the proceeding, and files a bond withsureties to be approved by the clerk in the full value of the property, asspecified by the court, conditioned that he will immediately abate the nuisanceand prevent recurrence of the nuisance for a time specified by the court, thecourt may, if satisfied of his good faith, cancel the order of abatement as itrelates to the property. The release of the property under this section shallnot release it from any judgment, lien or liability to which it may be subjectby law.

 

6-6-207. Assessment of tax when permanent injunction issues;collection; continuing liability for other penalties.

 

Whenevera permanent injunction issues against any person for maintaining a nuisance oragainst the owner or agent of any building kept or used for the purposesprohibited by this article, there shall be assessed against the building andthe ground upon which it is located and against the person or personsmaintaining the nuisance, and the owner or agent of the premises, a tax ofthree hundred dollars ($300.00). The assessment of the tax shall be made by theassessor of the county in which the nuisance exists and shall be made withinthree (3) months from the date of granting of the permanent injunction. If theassessor fails or neglects to make the assessment, it shall be made by thesheriff of the county and a return of the assessment shall be made to thecounty treasurer. The tax may be enforced and collected in the mannerprescribed for the collection of taxes under the general revenue laws and shallbe a perpetual lien upon all property, both personal and real used for thepurpose of maintaining the nuisance. The payment of the tax does not relievethe person or building from any other penalties provided by law and whencollected shall be applied and distributed in the manner prescribed by law forthe application and distribution of monies arising from the collection of finesand penalties in criminal cases.

 

6-6-208. Contempt proceedings for violation of injunction;commencement; trial; penalties.

 

Ifany injunction granted under this article is violated, the court may summarilytry and punish the offender. The proceedings shall be commenced by filing withthe clerk of the court an information under oath, setting out the alleged factsconstituting the violation, upon which the court shall cause a warrant toissue, under which the defendant shall be arrested. The trial may be had uponaffidavits, or either party may demand the production and oral examination ofthe witnesses. A party found guilty of contempt under this section shall bepunished by a fine of not more than one thousand dollars ($1,000.00), or byimprisonment in the county jail not more than six (6) months, or both.

 

6-6-209. "Public nuisance" defined; maintenance thereof;penalty.

 

Everystructure, boat or vehicle used and occupied as a house of ill fame, or forpurposes of prostitution or gambling, or for the purpose of manufacture,possession, sale or disposition of intoxicating liquor or any controlledsubstance in violation of law shall be held and deemed a public nuisance. Anyperson owning, or having the control of the property, and knowingly leasing orsubletting the property, in whole or in part, for the purpose of keeping ahouse or place of ill fame, prostitution or gambling, or for the purpose ofmanufacture, possession, sale or disposition of intoxicating liquor or anycontrolled substance in violation of law, or knowingly permitting the propertyto be used or occupied for that purpose, or using or occupying the property forthat purpose, shall for every offense be fined not exceeding seven hundredfifty dollars ($750.00) or be imprisoned in the county jail not to exceed six(6) months.

 

ARTICLE 3 - UNLAWFUL CONDUCT WITHIN GOVERNMENTAL FACILITIES

 

6-6-301. Definitions.

 

(a) As used in W.S. 6-6-301 through 6-6-307:

 

(i) "Governing body" means any elected or appointedcommission, board, agency, council, trustees or other body created orauthorized by the laws of this state and vested with authority to performspecified governmental, educational, proprietary or regulatory functions;

 

(ii) "Facilities" means any lands, buildings orstructures.

 

6-6-302. Obstructive or disruptive conduct within governmentalfacilities prohibited.

 

(a) No person, acting either singly or in concert with others,shall go into or upon facilities owned by, or under the control of, a governingbody and obstruct or disrupt, by force, violence or other conduct which is infact obstructive or disruptive, the activities conducted therein or thereon orthe uses made thereof under the authority of the governing body. Obstructive ordisruptive activities include restricting lawful:

 

(i) Freedom of movement on or within a facility;

 

(ii) And designated use of a facility;

 

(iii) Ingress or egress on or within a facility.

 

6-6-303. Refusing to desist or remove oneself from facilities.

 

Noperson within or upon the facilities of a governing body shall refuse to desistfrom a course of conduct or to remove himself from the facilities upon requestby an authorized representative of the governing body, after having beennotified that the conduct or the presence of the person is contrary to or inviolation of established policies, rules or regulations of the governing bodywhich are reasonably related to the furtherance of the lawful purposes of thegoverning body and incident to the maintenance or orderly and efficient use ofits facilities for the purposes for which acquired or designated.

 

6-6-304. Freedom of speech, press or assembly not abridged.

 

Nothingin W.S. 6-6-301 through 6-6-307 prevents, denies or abridges the freedom ofspeech or of the press, or the right of the people peaceably to assemble toconsult for the common good, to make known their opinions, and to petition forthe redress of grievances.

 

6-6-305. Penalties for violations of article.

 

Anyperson violating any provision of W.S. 6-6-301 through 6-6-307 is guilty of amisdemeanor, and, upon conviction thereof, shall be punished by a fine of notmore than seven hundred fifty dollars ($750.00), or by imprisonment in thecounty jail for a period not to exceed sixty (60) days, or both.

 

6-6-306. Identification may be required; ejectment from facilitieswhen presence unlawful or prohibited.

 

Everygoverning body, acting through its officers and employees, may requireidentification of any person within or upon its facilities and eject any personfrom the facilities upon his refusal to leave peaceably upon request, when hispresence in a facility is unlawful or otherwise prohibited by the governingbody.

 

6-6-307. No restriction on powers of governing body.

 

Nothingwithin W.S. 6-6-301 through 6-6-307 is intended, nor shall operate, to limit orrestrict each governing body from carrying out its purposes and objectivesthrough the exercise of powers otherwise granted by law nor shall preclude agoverning body from taking disciplinary action against those violating W.S.6-6-301 through 6-6-307 who are subject to its disciplinary authority.

 

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