IAMONDVILLE MUNICIPAL COURT SCHEDULE OF BONDS
ON COMMON OFFENSES OF TOWN ORDINANCES

CRIMES AGAINST THE PUBLIC PEACE

4.10.010 Disorderly Conduct $350.00/MA
4.10.020 Permitting Disorderly Establishment $150.00/MA
4.10.030 Discharging Firearms or Firecrackers $350.00/MA
4.10.035 Selling of Firecrackers & Explosives $100.00
4.10.040 Concealed Weapon $350.00/MA
4.10.045 Brandishing a Deadly Weapon $500.00/MA
4.10.050 Disturbing the Peace $250.00/MA
4.10.060 Criminal Provocation $150.00/MA
4.10.070 Disturbance of Lawful Assembly $100.00
4.10.080 Unlawful Assembly $100.00
4.10.090 Impersonation of a Police Officer $750.00/MA
4.10.100 Interference with Police Officer $500.00/MA
4.10.110 Interference with Town Employee $250.00/MA
4.10.120 False Calls $350.00/MA
4.10.130 Interfering with Fire Alarm System $350.00/MA
4.10.140 Interfering with Fire Hydrant, Water Maintenance $350.00/MA
4.10.150 Erection of Dangerous Fence $ 50.00

CRIMES AGAINST THE PERSON

4.15.010 Assault $300.00/MA
4.15.020 Assault & Battery $750.00/MA
4.15.030 Domestic Abuse NO BOND/MA

CRIMES AGAINST PROPERTY

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4.20.010 Throwing of Objects Prohibited $150.00/MA
4.20.020 Destruction of Property $250.00/MA
4.20.030 Interference with Safety Device $250.00
4.20.040 Destruction of Lawfully Posted Papers $100.00
4.20.050 Defrauding Vending Machine; Coin Telephone $100.00
4.20.060 Unlawful opening of Vending Machine $150.00
4.20.070 Petit Larceny $150.00
4.20.080 Larceny $250.00/MA
4.20.090 Shoplifting $150.00/MA
4.20.120 Unauthorized Fire $200.00
4.20.130 Throwing burning matches, cigarette, etc..from vehicle $100.00
4.20.140 Malicious Mischief $150.00/MA
4.20.150 Parties to a Crime Refer to bond for parallel citation
4.20.160 Check Fraud $150.00/MA
4.20.170 Trespass $150.00/MA

CRIMES AGAINST THE PUBLIC DECENCY

4.25.010 Public Intoxication - 1st Offense $100.00
2nd Offense w/i. 2yrs. $200.00/MA
3rd Offense w/i. 3yrs. $350.00/MA
4.25.020 No Serving of Minors 1st Offense $250.00/MA
2nd Offense $500.00/MA
3rd Offense $750.00/MA
4.25.030 Minors in Possession/Under the Influence of Alcohol $250.00/MA
4.25.040 Public Nudity $250.00
4.25.050 Voyeurism $150.00/MA
Subsequent Offenses $350.00/MA
4.25.070 Obscenity-Prohibited Conduct (A thru E) $250.00/MA
4.25.100 Prostitution $350.00/MA
4.25.110 Possession of Controlled Substance Schedule I & II $500.00/MA
Schedule III $350.00/MA
Schedule IV $500.00/MA
4.25.120 Under the Influence of Controlled Substance
(refer to 4.25.110)
4.25.140 Drug Paraphernalia $250.00/MA

ABANDONED PROPERTY

4.30.010 Abandoned Automobiles $ 50.00
4.30.030 Other abandoned, Housed, etc. …property $ 50.00

DOGS AND OTHER ANIMALS

5.05.010 Rabies Vaccination $ 25.00
5.05.020 License Required (Dogs) $ 25.00
5.05.040 Keeping Other Animals $ 25.00
5.05.070 Dog at Large 1st Offense (per dog) $ 25.00
2nd Offense (per dog) $ 50.00
3rd Offense (per dog) $ 75.00/MA
5.05.100 Vicious or Noisy Dog 1st Offense (per dog) $100.00 2nd Offense (per dog) $200.00/MA

CRUELTY TO ANIMALS

5.10.010 Cruelty to Animals $100.00/MA

ANIMAL ENCLOSURES

5.15.010 Offensive Animal Enclosures $ 50.00

ANIMALS AT LARGE

5.20.010 Animals at Large 1st Offense (per dog) $ 25.00
2nd Offense (per dog) $ 50.00
3rd Offense (per dog) $ 75.00/MA
5.20.030 Interference with Impoundment Prohibited $ 50.00

MAINTENANCE OF PREMISES

6.15.010 Clean and Orderly Premises $ 50.00
6.15.020 Maintaining a Health Menace $100.00
6.15.030 Offensive Matter on Premises $ 50.00
6.15.040 Liquids Allowed to Become Nauseous $100.00
6.15.070 Littering Prohibited $100.00

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GARBAGE COLLECTION AND DISPOSAL

6.20.050 Burning of Garbage Unlawful $ 50.00

TRAFFIC

7.05.010 General Traffic Code Refer to State Bond Schedule
7.05.010 (31-5-233) D.W.U.I. 1st Offense $750.00/MA
2nd Offense $1000.00/MA
3rd Offense $1500.00/MA

PARKING

7.05.010 Parking prohibited at all times (1) $ 50.00
(2 thru 5) $ 35.00
(6 thru 10) $ 25.00
7.10.020 Method of parking $ 25.00
7.10.060 Blocking of Street, Alleys or Sidewalk $ 35.00
7.10.070 Yield Right of Way Signs Obedience $ 35.00
7.10.100 Parking Near Intersection Restricted $ 25.00
7.10.110 Abandonment Declared Nuisance $ 50.00

SNOWMOBILES

7.20.020 Operation Unlawful $ 50.00

SIDEWALKS

7.30.010 Removal of Snow and Ice $ 35.00
7.30.020 Cleaning Sidewalks $ 35.00
7.30.040 Driving on Sidewalks (Hinder or endanger pedestrians) $ 50.00

U.F.C.
U.F.C./79.1106A Parking Tank Truck $ 75.00
U.F.C./10.206 Obstruction of Fire Protection Equipment $100.00
U.F.C./10.102 Interference with Fire Department $500.00/MA
U.F.C./10.201 Tampering with Fire Equipment $350.00/MA

1) Bond generally should not be required for minors being released to parents.

2) The amount of the bond presently set for in the Municipal Court Bond Schedule shall be reduced in the amount of five dollars ($5.00) whenever a citation for any violation of motor vehicle ordinance of the Town is issued and the issuing officer indicates on the citation whether the license complied with W.S. 31-5-1402 (E) (Seat Belt Law)

3) All individuals arrested for alcohol related offenses are to be held for eight (8) hours (Exception-juveniles); where after they may secure bond for their release.

4) Bond for violation of Town Ordinances is to be set by Municipal Court Judge

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CHAPTER 4.05

GENERAL PROVISIONS

Sections

4.05.010 Classes of Crimes; Violations
4.05.020 Requirements of Culpability

4.05.010 – Classes of Crimes; Violations

A. An offense defined by these ordinances as a Class A misdemeanor is punishable by a fine not exceeding $750.00 or imprisonment not exceeding six (6) months, or both, to which costs may be added.
B. An offense defined by these ordinances as a Class B misdemeanor is punishable by a fine not exceeding $500.00 or imprisonment not exceeding thirty (30) days, or both, to which costs may be added.
C. An offense defined by these ordinances as a Class C misdemeanor is punishable by a fine not exceeding $300.00 or imprisonment not exceeding ten (10) days, or both, to which costs may be added.
D. An offense defined by these ordinances as a Class D misdemeanor is punishable only by a fine not exceeding $500.00.
E. Where an act is made unlawful under these ordinances and the class or degree of the offense is not specified or if the offense is simply classes as a misdemeanor, the offense shall be considered a Class A misdemeanor.

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4.05.020 – Requirements of Culpability

A. A person is not guilty of an offense unless they acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense. The term willfully shall be deemed to have the same meaning as purposely.
B. Definitions:
1. Purposely. A person acts purposely with respect to a material element of an offense when:
a. If the element involves the nature of their conduct or a result thereof, it is their conscious object to engage in conduct of that nature or to cause such a result; and
b. If the element involves the attendant circumstances, they know of the existence of such circumstances.

2. Knowingly. A person acts knowingly with respect to a material element of an offense when:
a. If the element involves the nature of their conduct or the attendant circumstances, they know that their conduct is of that nature or If the element involves the nature of their conduct or the attendant they know of the existence of such circumstances; and
b. If the element involves a result of their conduct, they know that their conduct will necessarily cause a result.

3. Recklessly. A person acts recklessly with respect to a material element of an offense when they consciously disregard a substantial and unjustifiable risk that the material element exists or will result from their conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances knows to that person, its disregard involves culpability of high degree.

4. Negligently. A person acts negligently with respect to a material element of an offense when they should be aware of a substantial and unjustifiable risk that the material element exists or will result from their conduct. The risk must be of such a nature and degree that the actor’s failure to perceive it, considering the nature and purpose of their conduct, the circumstances known to them and the care that would be exercised by a reasonable person in their situation, involved substantial culpability.

C. Culpability Required Unless Otherwise Provided. When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts purposely, knowingly or recklessly with respect thereto.
D. Substitutes for Negligence, Recklessness and Knowledge. When the law provides that negligence suffices to establish a material element of an offense such element also is established if a person acts purposely, knowingly or recklessly. When recklessness suffices to establish a material element, such element also is established if a person acts purposely or knowingly. When knowingly suffices to establish a material element, such element also is established if a person acts purposely.
E. Knowledge of Illegality not an Element of Offenses. Knowledge that conduct constitutes an offense of the existence, meaning or application of the law determining the elements of an offense is not an element of such offense, unless the definition of the offense or the Code plainly so provides.

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CHAPTER 4.10

CRIMES AGAINST THE PUBLIC PEACE

Sections

4.10.010 Disorderly Conduct
4.10.020 Permitting Disorderly Establishment
4.10.030 Discharging Firearms or Firecrackers
4.10.035 Selling of Firecrackers & Explosives
4.10.040 Concealed Weapon
4.10.045 Brandishing a Deadly Weapon
4.10.050 Disturbing the Peace
4.10.060 Criminal Provocation
4.10.070 Disturbance of Lawful Assembly
4.10.080 Unlawful Assembly
4.10.090 Impersonation of a Police Officer
4.10.100 Interference with Police Officer
4.10.110 Interference with Town Employees
4.10.120 False Calls
4.10.130 Interfering with Fire Alarm System
4.10.140 Interfering with Fire Hydrant, Water Mains, etc.
4.10.150 Erection of Dangerous Fence

4.10.010 – Disorderly Conduct

A. A person shall be deemed guilty of disorderly conduct if he knowingly or recklessly:

a. Commits an act in a violent and tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged;
b. Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;
c. Incites, attempts to incite, or is involved in attempting to incite a riot. For the purposes of this section the term “riot” shall mean a tumultuous disturbance of the peace by persons assembled and acting with a common intent to the terror of the people of the town, either in executing a lawful enterprise in a violent or turbulent manner or in executing an unlawful enterprise in a violent or turbulent manner;
d. Obstructs, either single or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by the police or other lawful authority known to be such;
e. Damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive conditions;
f. Fails to obey a lawful order to disperse by a police officer, when known to be such an official, where one or more persons are committing acts of disorderly conduct in the immediate vicinity, and the public health and safety is imminently threatened;
g. Resists or obstructs the performance of duties by police of any other authorized official of the town, when known to be such an official;
h. Commits an act in a violent and tumultuous manner toward another whereby that other is placed in danger of his life, limb or health;
i. Interferes with another’s pursuit of a lawful occupation by acts of violence;
j. Uses abusive, profane or obscene language in any public place.

B. It shall be unlawful for any person to be guilty of Disorderly Conduct and upon conviction therefore shall be guilty of a Class B misdemeanor. (Added 1983)

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4.10.020 – Permitting Disorderly Establishment
Any grocer, inn-keeper, saloon-keeper or other person who shall knowingly keep any common, ill-governed or disorderly house, or who shall suffer any drunkenness, quarreling, fighting, unlawful games or riotous game or disorderly conduct whatever on his premise shall be deemed guilty of a Class C misdemeanor. (Ord. 21, Sec. 6, 1913; Amended 1983)

4.10.030 – Discharging of Firearms or Firecrackers
It shall be unlawful for any person, other than Law Enforcement Officers engaged in the performance of their duties, to fire or discharge any cannon, gun, fowling-piece, shotgun, pistol, revolver, BB gun, air rifle, pellet gun, wrist rocket, sling shot, bow weapon or firearm of any dissipation which, by means of propulsion, shall shoot, eject or propel any form of bullet, pellet, arrow or other projectile capable of causing injury to persons or property, within the Town limits; The Mayor may give written consent to the firing of certain weapons for a time not to exceed forty-eight (48) hours for competitions or special events, if adequate safety precautions are provided. Such consent may be revoked at any time.
It shall be unlawful for any person to fire, explode or set off any squib, cracker or other thing containing powder or other combustible or explosive material without written permission of the mayor.
Any person violating any provision of this ordinance shall be deemed guilty of a Class D misdemeanor. (Added 1997)

4.10.035 – Selling of Firecrackers or Explosives
It shall be unlawful for any person, persons, company or corporation to sell, barter or give away, to any person, persons, company or corporation any firecracker, or other kind of an instrument which explodes by use of explosives. Any person found guilty of this section shall be guilty of a Class D misdemeanor. (Ord. 38, Sec 2, 1915)

4.10.040 – Concealed Weapon
It shall be unlawful for any person, except for a peace officer or a person authorized by a legal concealed weapons permit, to conceal upon their person or in their immediate area, within Diamondville town limits, any pistol, rifle, knife, sling shot, bludgeon or other lethal weapon. Any person found guilty of this section shall be guilty of a Class A misdemeanor. (Added 1997)

4.10.045 – Brandishing a Deadly Weapon
Any person who knowingly points a firearm or any other deadly weapon, at or in the direction of another, whether or not the person believes the firearm is loaded, is guilty of brandishing a deadly weapon, unless such conduct is reasonably necessary in defense of their person, property, abode, or to prevent serious bodily injury to another. Any person found guilty under section shall guilty of a Class A misdemeanor. (Amended 1997)

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4.10.050 – Disturbing the Peace
Whoever by any loud talking, yelling, or by any threatening, abusive, profane or obscene language, or violent actions, rude behavior, or operation of a motor vehicle which interrupts or disturbs the peace in the Town of Diamonville or of any other the inhabitants thereof, shall be guilty of disturbing the peace and upon conviction thereof shall be guilty of a Class C misdemeanor. (Added 1997)

4.10.060 – Criminal Provocation
Whoever, by words, signs, or gestures, provokes or attempts to provoke another, who has the present ability to do so, to commit an assault, or an assault and battery upon him, is guilty of criminal provocation, and shall be guilty of a Class C misdemeanor. (Added 1983)

4.10.070 – Disturbance of Lawful Assembly
Any person of persons who shall annoy or disturb any congregation gathered together for religious worship, or any other lawful assemblage of people, by rude, boisterous or indecent behavior or by making a noise or by profane discourse, shall be deemed guilty of a Class D misdemeanor. (Ord. 23, Sec 2, 1913; Amended 1983)

4.10.080 – Unlawful Assembly
Any two or more persons who shall within the limits of this town, assemble together with intent to do any unlawful acts or for any unlawful purpose or for any purpose tending to annoy or disturb citizens or travelers, or who being assembled shall mutually agree to do any unlawful acts with force or violence against the property of the town or against the person, property or peace of another, or who shall make any movement or preparation therefore, shall be deemed guilty of a Class D misdemeanor. (Ord. 23, Sec 4, 1913; Amended 1983)

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4.10.090 – Impersonation of a Police Officer
Any person who, in the Town of Diamonville, impersonates a police officer, by displaying a badge or self representation as a police officer shall be guilty of a Class A misdemeanor. (Added 1997)

4.10.100 – Interference with a Police Officer
Any person who knowingly attempts to or knowingly assaults, obstructs, impedes, interferes with or fails to obey the lawful command of, any police officer while engages in the lawful performance of their official duties is guilty of a Class A misdemeanor. (Amended 1997)

4.10.110 – Interference with Town Employees
No person shall interfere in any way with any employee of the Town of Diamonville in the performance of their work, nor displace any cone, barricade, stake or landmark deposited, installed or positioned by any employee, nor shall any person molest in any way any tools, instruments or equipment belonging to the town. Any person who violates any provision of this section shall be guilty of a Class B misdemeanor. (Amended 1997)

4.10.120 – False Calls
No person shall knowingly give a false call or alarm to any agency or officer of the Police Department, Fire Department or Emergency Medical Service that their presence is needed for assistance in their professional capacity. Any person found guilty of this section shall be guilty of a Class B misdemeanor. (Amended 1997)

4.10.130 – Interfering with Fire Alarm System
No person shall interfere with any part of any fire alarm system unless so authorized by the chief of the fire department. Any person found guilty of this section shall be guilty of a Class D misdemeanor. (Amended 1997)

4.10.140 – Interfering with Fire Hydrants, Water Mains, etc.
No person shall shut off or turn on or interfere in any way with any fire hydrant, valve or water main in the Town of Diamonville. Any person found guilty of this section shall be guilty of a Class D misdemeanor. (Amended 1997)

4.10.150 – Erection of Dangerous Fences
It shall be unlawful for any person to erect or maintain upon residential property in the town limits, any barbed-wire fence, electric fence or a fence of any other nature which is so constructed as to be potentially dangerous to human beings. Any person found guilty of this section shall be guilty of a Class D misdemeanor. (Amended 1997)

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CHAPTER 4.15

CRIMES AGAINST THE PERSON

Sections

4.15.010 Assault
4.15.020 Assault and Battery
4.15.030 Domestic Abuse

4.15.010 – Assault
Whoever, having the present ability to do so, unlawfully attempts to commit a violent injury on the person of another, is guilty of an assault and shall be guilty of a Class A misdemeanor. (Added 1983)

4.15.020 – Assault and Battery
Whoever, in a rude, insolent or angry manner, unlawfully touches another, is guilty of assault and battery, and shall be guilty of a Class A misdemeanor. (Added 1983)

4.15.030 – Domestic Abuse
Definitions:
1. “Adult” means a person who is sixteen (16) years of age or older, or legally married.
2. “Domestic Abuse” means physical abuse, threats of physical abuse or acts which unreasonably restrains the personal liberty of any household member by any other household member.
3. “Household member” means:
• Persons married to each other;
• Persons living with each other as if married;
• Persons formerly married to each other;
• Persons formerly living with each other as if married;
• Parents and their adult children
• Other adults sharing common living quarters; and
• Persons who are the parents of a child but who are living with each other.
4. “Domestic Dispute” means any verbal or physical argument or confrontation between household members.
5. “Physical Abuse” means touching, hitting, cutting of another in a rude or insolent manner. Or the threat of, with ability to carry out any of these actions.

Whoever, inflicts or causes domestic abuse of a household member during a domestic dispute, is guilty of domestic abuse, and shall be guilty of a Class A misdemeanor. (Added 1996)

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CHAPTER 4.20

CRIMES AGAINST PROPERTY

Sections

4.20.010 Throwing of Objects Prohibited
4.20.020 Destruction of Property
4.20.030 Interference with Safety Device
4.20.040 Destruction of Lawfully Posted Papers
4.20.050 Defrauding Vending Machine; Coin Telephone
4.20.060 Unlawful opening of Vending Machine
4.20.070 Petit Larceny
4.20.080 Larceny
4.20.090 Shoplifting
4.20.100 Detention and Interrogation of Suspects
4.20.110 Reasonable Cause a Defense Against Action Brought by Person Detained 4.20.120 Unauthorized Fire
4.20.130 Throwing burning matches, cigarette, etc..from vehicle
4.20.140 Malicious Mischief
4.20.150 Parties to a Crime
4.20.160 Check Fraud
4.20.170 Trespass

4.20.010 – Throwing of Objects Prohibited
Any Person who shall throw any stone or other missile upon or at any building or other property, either public or private, or upon or at any other person or upon or at any vehicle, within the limits of the Town, shall be deemed guilty of a Class C misdemeanor. (Ord. 18, Sec 12, 1913; Amended 1983)

4.20.020 – Destruction of Property
Any person who shall intentionally injure, deface or destroy any building or fixtures thereof, or injure or destroy or secrete any goods, chattels or valuable papers of another or prepare any dead fall, or dig any pit, or arrange any trap, with intent to injure any monument, street sign, or any tree mark as a boundary of any land or town lot, or destroy, deface or alter the marks of any monument, street sign, or injure or destroy any fence or foundation, or any shade or fruit trees, or any other public or private property, or deface any sidewalks with painted or printed handbills or signs, posters or advertisements, shall be guilty of a Class C misdemeanor. (Ord. 18, Sec 10, 1913; Amended 1983)

4.20.030 – Interference with Safety Devices
Any person who shall willfully injure or interfere with any public or private property, light post, danger lamps or other signals or barriers placed for public safety, or any monument locating the line of the public street, sidewalk or improvements, shall be guilty of a Class D misdemeanor. (Ord. 18, Sec 9, Amended 1983)

4.20.040 – Destruction of Lawfully Posted Papers
Any person who shall, without authority, tear down or deface any ordinance, bill, notice, advertisement or other paper of a business or legitimate character, lawfully posted up within the limits of the Town of Diamonville, shall be guilty of a Class D misdemeanor. (Ord. 18, Sec 11, 1913; Amended 1983)

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4.20.050 – Defrauding Vending Machine; Coin Telephone
Any person who intentionally Manufactures, Sells, Uses or attempts to use any token, slug, false or counterfeit coin or by any other means, method, trick or device for the unlawful operation, attempted operation or cause or attempt to cause the operation of any vending machine, coin-box telephone, or any other receptacle designed to receive or be operated by lawful coin of the United States of America. Whoever shall take, obtain, accept or receive from or by means of any such machine any article of value, service, the use of, or enjoyment of any telephone, telegraph, other facility or service without the proper legal payment being made to such machine required by the owner, lessee or licensee of such machine, coin-box telephone or other receptacle, shall be guilty of a Class D misdemeanor. (Added 1997)

4.20.060 – Unlawful Opening of a Vending Machine
Whoever, at any time, unlawfully breaks open, opens, or enters without right, any parking meter, coin telephone, vending machine dispensing goods or services, money changer or any other device designed to receive currency, with the intent to carry away any part of such device or anything contained therein, is guilty of a Class D misdemeanor. (Added 1983)

4.20.070 – Petit Larceny
Whoever unlawfully steals, takes and carries, leads or drives away the personal goods of another, of the value of any sum less than one hundred dollars ($100.00) is guilty of petit larceny, and shall be guilty of a Class D misdemeanor. (Added 1983)

4.20.080 – Larceny
Whoever unlawfully steals, takes and carries, leads or drives away the personal goods of another, of the value of any sum greater than one hundred dollars ($100.00) but less than five hundred dollars ($500.00) is guilty of larceny, and shall be guilty of a Class A misdemeanor. (Added 1996)

4.20.090 – Shoplifting
Any person who willfully conceals or willfully takes possession of any goods offered for sale by a wholesale or retail store or other mercantile establishment, without the knowledge or consent of the owner thereof and with intent to convert the goods to his own use without paying the purchase price therefore, is guilty of shoplifting and shall be guilty of a Class D misdemeanor. (Added 1983)

4.20.100 – Detention and Interrogation of Suspects
Any peace officer, merchant, or merchant’s employees who has reasonable cause for believing that a person has violated Section 4.20.090, may detain and interrogate such person in regard thereto in a reasonable manner and for a reasonable time. (Added 1983)

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4.20.110 – Reasonable Cause a Defense Against Action Brought by Person Detained
Where a peace officer, merchant or merchant’s employee, with reasonable cause for believing that a person has committed the crime of shoplifting as defined under Section 4.20.090, detains and interrogates such person in regard thereto, and such person thereafter brings against the peace officer, merchant or merchant’s employee a civil criminal action for slander, false arrest, false imprisonment, assault, assault and battery or wrongful detention based upon the detention and interrogation, such reasonable cause shall be a defense to the action if the detention and interrogation where done in a reasonable manner and for a reasonable time. (Added 1983)

4.20.120 – Unauthorized Fire
It shall be unlawful for any person to start or maintain an open flamed fire within the town limits without a variance authorized by the town council. (Added 1997)

4.20.130 – Throwing Burning Matches, Cigarettes, Etc…, From Vehicle
Any person who shall throw from any vehicle or other means of transportation in or on which he or she is traveling, any burning match, cigarette, cigar, ashes of pipe, or other burning substance, shall be guilty of a Class D misdemeanor. (Added 1983)

4.20.140 – Malicious Mischief
It shall be unlawful for any person to recklessly break or destroy, in any manner any property of another or of the town. Town property will include, but not limited to, the snow plowed to the middle of the town streets during snow removal operations. Any person found guilty of this section shall be guilty of a Class D misdemeanor. (Added 1983, Amended 1995)

4.20.150 – Parties to a Crime
Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of, any act declared herein to be a crime, whether individually or in connection with one (1) or more other persons or as a principal agent or accessory, shall be guilty of such offense. Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this act is likewise guilty of such offenses, and shall be guilty of the same Class of misdemeanor as the Crime that was committed. (Added 1997)

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4.20.160 – Check Fraud
1. Definitions: As used in this article:
a. “Check” means a written unconditional order to pay a certain sum of money drawn on a bank payable on demand and signed by the drawer.
b. “Knowingly Issues” means issuing a check to obtain property or to pay a debt with intent to defraud or deceive any other person.
c. “Drawee” means the bank or purported bank upon which a check is drawn.
d. “Drawer” means a person either real or fictitious whose name appears on a check as the primary obligor whether the actual signature is that of himself or of a person authorized to draw the check in his behalf.
e. “Insufficient Funds” means when the drawer issues a check from the drawee and has no checking account with the drawee or has funds or credit in a checking account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance. A check dishonored for “no account”, “account closed”, or “nonsufficient funds” shall also be deemed to be dishonored for “insufficient funds”.
f. “Issue” means make, draw, deliver or pass a check.
2. Penalty:

Any person who knowingly issues a check which is less than $500.00, and not paid because the drawer has insufficient funds or credit with the drawee has issued a fraudulent check and is guilty of check fraud a Class B misdemeanor. (Added 1997)

4.20.170 – Trespass
1. A person is guilty of trespass if he enters or remains on or in the land, or premises of another person, knowing he is not authorized to do so, or after being notified to depart or to not trespass. For the purpose of this section notice is given by:
a. Personal communications to the person by the owner or occupant, or his agent, or by a peace officer, or
b. Posting of signs reasonable likely to come to the attention of intruders.

2. Trespass is a Class A misdemeanor

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CHAPTER 4.25

CRIMES AGAINST PUBLIC DECENCY

Sections

4.25.010 Public Intoxication
4.25.020 No Serving of Minors
4.25.030 Minors in Possession or Under the Influence of Alcohol
4.25.040 Public Nudity
4.25.050 Voyeurism
4.25.060 Obscenity-Definitions
4.25.070 Obscenity-Prohibited Conduct
4.25.080 Obscenity-Notice; Presumption of knowledge
4.25.090 Obscenity-Proceedings
4.25.100 Prostitution
4.25.110 Possession of Controlled Substance
4.25.120 Person Using or Under the Influence of Controlled Substance
4.25.130 Definitions
4.25.140 Drug Paraphernalia

4.25.010 – Public Intox
Any person who shall be intoxicated or under the influence of an alcoholic beverage, to a degree to be considered a public nuisance, in, on or around any highway, street, thoroughfare, public place or private property of another without the permission of the owner within the Town, shall be guilty of a Class B misdemeanor. (Ord.21, Sec 12, 1913; Amended 1983, 1997)

4.25.020 – No Serving of Minors
It shall be unlawful for any person to sell, give, or deliver any alcohol or malt beverage to any minor. Any person violating any provisions of this section shall be guilty of a Class B misdemeanor (Ord. 58, Sec 8, 1935; Amended 1983)

4.25.030 – Minors in Possession or Under the Influence of Alcohol
Any person under the age of twenty-one (21) years who has any alcohol or malt beverage in his possession or who is drunk or under the influence of an alcoholic liquor, malt beverages or a controlled substance on any street or highway or in any public place is guilty of a misdemeanor. This section does not apply to possession of alcoholic or malt beverages by a person under the age of twenty-one (21) years:
a. When making a delivery of alcoholic beverages pursuant to his employment;
b. Who is in the physical presence of his parent or legal guardian;
c. When dispensing or serving alcoholic or malt beverages or otherwise working in a dispensing room pursuant to his employment, if the person was at least nineteen (19) years of age on the effective date of this act. This paragraph does not apply to persons otherwise authorized to serve alcoholic or malt beverages under paragraph (e) of this section;
d. Who is licensee under this tile; or
e. When serving alcoholic or malt beverages to his employment in a restaurant which holds a license to serve alcoholic or malt beverages, if the person is at least (18) years of age.

Any person who violates this section, or aids, abets or incites any violation hereof, is guilty of a Class C misdemeanor.

4.25.040 – Public Nudity
It shall be unlawful for any person to appear in a state of nudity in any public place. For the purpose of this section the word “nudity” shall mean the showing of the human male or female genitals or pubic area or the areola of the female breast. Any person found guilty of this section shall be guilty of a Class B misdemeanor. (Added 1983)

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4.25.050 – Voyeurism
It shall be unlawful for a person to look into or through, whether man made or natural, any window, door or hole at a permanent or temporary domicile of another or in or at another location where there is an expectation of privacy. Any person found guilty of this section shall be guilty of a Class B misdemeanor. (Added 1997)

4.25.060 – Obscenity-Definitions
For the purpose of Sections 4.25.060 and 4.25.080, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Available to the Public – The matter or performance may be purchased or attended on a subscriber basis, on a membership fee arrangement or for a separate fee for each item or performance.

Disseminate – To transfer possession of, with or without consideration.

Material – Any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture, video tape or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.

Nudity – The showing of the human male or female genitals or pubic area with less than a fully opaque covering, the depiction of covered male genitals in a discernibly turgid state, or the areola of the female breast.

Obscene – That to the average person applying contemporary community standards:
a. The predominant appeal of the matter taken as a whole, appeals to prurient interest; i.e., a shameful or morbid interest in sexual conduct, nudity, or excretion; and
b. The matter depicts or describes in a patently offensive manner sexual conduct; and
c. The work, taken as a whole, lacks serious literary, artistic, political or scientific value

Performance – Any preview, play, show, skit, film, dance or other exhibition performed before an audience.

Promote – To cause, permit, procure, counsel or assist.

Service to Patrons – The provision of services to paying guests in establishments providing food and beverages, including but not limited to hostessing, hat checking, cooking, bar tending, serving, table setting and clearing, waiter and waitressing, and entertaining. (Added 1983)

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4.25.070 – Obscenity-Prohibited Conduct
It shall be unlawful for any person to:

a. Disseminate, distribute or make available to the public an obscene material; or
b. Engage or participate in any obscene performance made available to the public; or
c. Engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or excretion utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal; or
d. Provide service to patrons in such a manner as to expose to public view:
1. His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
2. Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
3. The areola of the female breast.
e. Promote the commission of any of the above listed unlawful acts. Any person found guilty of this section shall be guilty of a Class D misdemeanor. (Added 1983)

4.25.080 – Obscenity-Notice; Presumption of Knowledge
A. Actual notice of the obscene nature of such material, performance, or activity may be given to a person involved in or responsible for such from town attorney on the basis of information lawfully gathered and supplied to him by the police or citizens.

1. Such notice shall be in writing and delivered by mail or in person to the alleged offender.
2. Such notice shall state that:
a. In the opinion of the town attorney the activity engaged in falls within the prohibitions of section 4.25.060.
b. That if such activity has not ceased within seven (7) days the town will take appropriate legal action; and
c. That a declaratory judgment proceeding as described in Section 4.25.080 (b) is available if a person engaged in the challenged activity wishes to initiate the legal determination of whether the activity is in fact obscene.
B. A person who promotes any obscene activity as prohibited in section 4.25.060 in the course of his business is presumed to do so with knowledge of its content and character. (Added 1983)

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4.25.090 – Obscenity-Proceedings

A. In Rem Proceedings
1. The police may apply to the prosecuting attorney to institute an attachment proceeding against any material which is alleged to be obscene in a sworn affidavit.
2. Upon filing of an application for attachment authorized in subsection A. (1) of this section, the police shall immediately cause notice thereof to be served either personally or by mail upon any person residing or doing business in the town who is known or believed by the police to have any of the following interests in material named in the complaint:
a. The publisher; and
b. The wholesaler, distributor, circulator; and
c. Every retailer or dealer who has, or may have, possession of any material
identical to material named in the complaint.
3. Trial shall be held no later than the fourth judicial day following the filing for attachment.

B. Declaratory Judgment
1. Any person receiving notice in writing from the prosecuting attorney under section 4.25.070 that a specified activity is obscene may bring an action against the town for a declaratory judgment to determine whether such activity is obscene.
2. If it is adjudged and declared by the court that such activity is obscene, then the prosecuting attorney may cause the publication of such judgment in a newspaper of general circulation in the town and upon such publication all persons residing or doing business in the town will be presumed to have actual notice of the nature of the activity.

C. Criminal Prosecution
1. The prosecuting attorney may cause criminal charges, to be brought against any person presently engaging in or who has engaged in any prohibited activity in violation of Section 4.25.060.
2. If the prosecuting attorney has given notice pursuant to section 4.25.070, then such criminal charges may be brought only after seven judicial days after receipt of such notice.

D. Injunction
1. The prosecuting attorney may seek a temporary restraining order to enjoin any obscene performance or the service of patrons in violation of Section 4.25.060.
2. If the prosecuting attorney has given written notice pursuant to section 4.25.070, he may after the passage of seven judicial days seek such a temporary restraining order.

E. Proceeding authorized by this section shall be in addition to any others provided by State Law. (Added 1983)

4.25.100 – Prostitution

A. No person shall keep, set up, maintain or operate any place, structure, building, or conveyance for the purpose of prostitution, or with knowledge or reasonable cause to know that the same is or is to be used for such purpose, or receive or offer to agree to receive any person in any place, structure, building or conveyance for the purpose of prostitution or permit any person to remain therein for such purpose.
B. No person shall direct, take, transport or offer or agree to take or transport, any person to any place, structure or building or to any other person with knowledge or reasonable cause to know that the purpose of such directing, taking or transporting is prostitution.
C. No person shall reside in, enter or remain in any place, structure or building, or enter or remain in any conveyance for the purpose of prostitution.
D. No person shall engage in or solicit prostitution or aid or abet prostitution, by solicitation or by any means whatsoever.

Any person found guilty of this section shall be guilty of a Class B misdemeanor (Added 1983)

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4.25.110 – Possession of Controlled Substance

It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this act. Any person who violates this section is guilty of a Class A misdemeanor.

4.25.120 – Person Using or Under the Influence of Controlled Substance

Any person who knowingly or intentionally uses or is under the influence of a controlled substance listed in schedules I, II, or III except when administered or prescribed by or under the direction of a licensed practitioner, shall be guilty of a Class B misdemeanor.

4.25.130 – Definitions

A. For definitions pursuant to the above sections, (4.25.100, 4.25.110), refer to Wyoming State Statue
35-7-1002 (1977)
B. Definition of Controlled Substance:
1. For schedule I substances refer to Wyoming State Statue 35-7-1014
2. For schedule II substances refer to Wyoming State Statue 35-7-1016
3. For schedule III substances refer to Wyoming State Statue 35-7-1018

4.25.140 – Drug Paraphernalia

A. Definitions

1. The term “Drug Paraphernalia” means all equipment, products and material of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing, into the human body a controlled substance as defined by Wyoming Controlled Substance Act. Of 1977, W.S. Section 35-7-1001 through 35-7-1055, as amended, hereinafter referred to as the “Act”. Said Act by this reference is hereby incorporated herein as if fully set forth. It includes, but not limited to:

a. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or form which a controlled substance can be derived;
b. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
c. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
d. Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substance;
e. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
f. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances;
g. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;
h. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
i. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
j. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
k. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body;
l. Objects used, intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as;
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls,
2. Water pipes,
3. Carburetion tubes and devices,
4. Smoking and carburetion masks,
5. Roach clips, meaning objects used to hold burning materials, such as marijuana cigarettes that has become to small or too short to be held in the hand,
6. Miniature cocaine spoons and cocaine vials,
7. Chamber pipes,
8. Carburetor pipes,
9. Electric pipes,
10. Air driven pipes,
11. Chillums,
12. Bongs,
13. Ice pipes or chillers.

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2. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
a. Statements by an owner or by anyone in control of the object concerning its use;
b. Prior conviction, if any, of an owner, or of anyone in control of the object, under any state of federal law relating to any controlled substance;
c. The proximity of the object, in time and space, to a direct violation of the “Act”,
d. The proximity of the object to controlled substances;
e. The existence of any residue of controlled substances on the object;
f. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of the Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Act shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
g. Instructions, oral or written, provided with the object concerning its use;
h. Descriptive materials accompany the object which explain or depict its use;
i. National and local advertising concerning its use;
j. The manner in which the object is displayed for sale;
k. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
l. Direct or circumstantial evidence of the ratio of sales of the object (s) to the total sale of the business enterprise;
m. The existence and scope of legitimate uses for the object in the community;
n. Expert testimony concerning its use.

3. Offenses and Penalties:

a. Possession of Drug Paraphernalia: It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia as defined in section 4.25.130 hereof, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body controlled substance in violation of the Act. Any person who violates this section is guilty of a Class A misdemeanor.

b. Manufacture or Delivery of Drug Paraphernalia: It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Act. Any person who violates this section is guilty of a Class A misdemeanor.

c. Advertising of Drug Paraphernalia: It is unlawful for any person to place in any newspaper, magazine, handbill, or other publications any advertisement, knowing, under circumstances where one reasonably should know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a Class A misdemeanor.

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CHAPTER 4.30

ABANDONED PROPERTY

Sections

4.30.010 Abandoned Automobiles
4.30.020 Removal of Abandoned Automobiles
4.30.030 Other Abandoned, Housed, etc. …property
4.30.040 Removal of Abandoned, Unused, etc., Property
4.30.050 Abatement of Nuisance
4.30.060 Penalty of Violation

4.30.010 – Abandoned Automobiles
For the purpose of this ordinance, any on of the following circumstances existing prior to, or at the time notice is delivered, shall be considered prima facia evidence that a vehicle upon private property is an abandoned vehicle constituting a nuisance:
1. When any of the four tires of the main wheels of such vehicle have been removed or are deflated, other than for repair.
2. When any of the main wheels of the vehicle have been removed, other than for repair.
3. When such vehicle is totally or partially suspended above the ground by jacks, blocks, or any other lifting device, other than for repair.
4. When current license plates or valid temporary permit are not displayed on such vehicle; provided that this shall not apply to vehicles in the possession of licensed dealers for the purpose of sale at the place licensed for such sale.
5. When any part of the mechanism of the vehicle has been removed so as to render the vehicle inoperable, other than for repair. (Ord. 169, Sec 2, 1980)

No person shall abandon or leave any vehicle upon any private property for such time and under such circumstances as to cause such vehicle to become a nuisance. (Ord. 169, Sec 1, 1980)

4.30.020 – Removal of Abandoned Automobiles

A. No person in charge or control of any private property whether as owner, tenant, occupant, lessee, contract purchaser or otherwise, shall allow any abandoned vehicle which constitutes a nuisance to remain on such property longer than ten (10) days after having received written notice to remove same from the town. Notice shall be deemed delivered when deposited in the United States mail, by registered or certified mail with postage, prepaid, and addressed to the owner or occupant of the premises upon which such vehicle rests. (Ord. 169, Sec 3, 1980)

B. Upon the failure of the person in charge or control of such property to remove the vehicle within the allotted time, the town may abate the vehicle as a nuisance and collects the costs of such removal in any manner provided by law. (Ord. 169, Sec 3, 1980)

C. The abatement of the nuisance by the town shall not relieve the person in charge or control of such property of any penalty imposed for his violation of this chapter by Section 4.30.060 (Ord. 169, Sec 3, 1980)

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4.30.030 – Other Abandoned, Unused, etc., Property

No person shall abandon, leave or store unsheltered any old, unused, stripped, junked or otherwise non-operative machinery, implements or equipment of any kind which is no longer safely use-able for the purposes for which it was manufactured. (Ord. 169, Sec 4, 1980)

4.30.040 – Removal of Abandoned, Unused, etc., Property

A. No person in charge or control of any private property whether as owner, tenant, occupant, lessee, contract purchaser or otherwise, shall allow any property of the kind mentioned in Section 4.30.030 which constitutes a nuisance to remain on such property longer than ten (10) days after having received written notice to remove the same from the town. Notice shall be deemed delivered as provided in Section 4.30.020 (A). (Ord. 169, Sec 5, 1980)

B. Upon failure of the person in charge or control of such property to remove the property within the allotted time, the town may abate the nuisance and collect the costs of such abatement. (Ord. 169, Sec 5, 1980)

C. The abatement of the nuisance by the town shall not relieve the person in charge or control of such property of any penalty imposed for his violation of this chapter by Section 4.30.060 (Ord. 169, Sec 5, 1980)

4.30.050 – Abatement of Nuisance

Upon the failure of the person in charge of or control of or responsible for any nuisance to speedily abate such a nuisance or fail to comply with notice under sections 4.30.020 and 4.30.040 within the allotted time, the town may abate the nuisance and collect the costs of such abatement. (Ord. 169, Sec 11a, 1980)

The abatement of the nuisance by the town shall not relieve the person in charge or control of such property of any penalty imposed for his violation of this chapter by Section 4.30.060. (Ord. 169, Sec 11b, 1980)

4.30.060 – Penalty for Violation

Any person who is found guilty of a violation of chapter 4.30 shall be guilty of a Class D misdemeanor. (Ord. 169, Sec 12, 1980; Amended 1983)

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TITLE 5

ANIMALS

Chapters:

5.05 Dogs and Other Animals
5.10 Cruelty to Animals
5.15 Animal Enclosures
5.20 Animals at Large
5.25 Dead Animals

CHAPTER 5.05

DOGS AND OTHER ANIMALS

Sections:

5.05.010 Rabies Vaccination
5.05.020 License Required
5.05.030 License Procedure
5.05.040 Keeping Other Animals
5.05.050 License or Permit
5.05.060 Penalty for Licensing Violation
5.05.070 Dog at Large
5.05.080 Impounding of Dog at Large
5.05.090 Reclaiming Impounded Dog
5.05.100 Vicious or Noisy Dog

5.05.010 - Rabies Vaccinations

All dogs require rabies vaccination prior to obtaining dog license or proof of rabies vaccination must be presented. Rabies vaccination is required every two years, in accordance with the Ordinances of the Town of Diamonville. Rabies vaccination shall not be required for dogs less than six months old. (Ord. 154, Sec 5, 1977; Amended 1983)

5.05.020- License Required

Licenses are required annually, in accordance with the ordinances of the Town of Diamonville. (Ord. 154, Sec 5, 1977)

No person shall keep in his possession in the Town of Diamonville a dog without procuring a license for it as provided by the provisions of the Ordinance. (Ord. 26, Sec 5, 1913)

Any person living within the limits of the Town of Diamonville who shall own a dog over three months old within the said town limits, after the 1st day of January of each year, shall pay an annual license fee of $10.00 for each female dog, and $5.00 for each male dog or spayed female dog. (Ord. 26, Sec 2, 1913; Amended 1977)

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5.05.030- Licensing Procedure for Dogs

The Town Clerk shall issue a license to any person desiring to keep a dog as aforesaid, upon the payment, in advance, of such license fee. Such licenses shall be numbered in the order of their issue. The Town Clerk shall furnish a metal plate or tag with each license bearing the number of the license and the date of the year of the issue of the same, which metal plate the owner shall have attached to the collar to be worn by such dog so licensed. (Ord. 26, Sec 3, 1913)

5.05.040- Keeping Other Animals

It shall be unlawful for any person or persons, firm or corporation to collect, keep or feed any cattle, horses, mules, llamas, sheep, goats, chickens or other types of livestock within any pen, building, year, shed or enclosure within the Town of Diamonville, Wyoming. (Ord. 125, Sec 2, 1970; Amended 1997)

5.05.050- License or Permit

No more licenses or permits will be issued for the keeping of horses within the Town of Diamonville, Wyoming. All permits or licenses issued prior to this amendment will be reviewed by the Council, prior to the renewal date of June 30th of each year. The Police Chief will inspect the permit holders for compliance with the following stipulations:

a. A five foot or higher sturdy horse-proof corral fence has been constructed for the keeping of the horses.
b. All gates are chained and padlocked.
c. Horses are owned by the permit holders or their immediate family.
d. All horse related equipment is being kept within the permit holders property.
e. The horses are being kept on property also occupied by the permit holder.

The Council will also review any complaints that have been submitted in writing, signed and dated, against the permit holder. If it is found that all the stipulations have been met and all complaints, if any, have been dealt with, the permit will be approved. A sum of then dollars ($10.00) must then be paid by the licensee. If the fee is not paid by June 30th, the license or permit will expire and will not be renewed. The horses will then be required to be removed from town. (Ord. 125, Sec 4, 5, 6, & 7, 1970; Amended 1984; Amended 1997)

5.05.060 – Penalty for Licensing Violation

Any person failing to obtain a license as provided in this ordinance shall be deemed guilty of a Class D misdemeanor. (Ord. 26, Sec 6, 1913; Ord. 125, Sec 8, 1970; Amended 1984)

5.05.070- Dog at Large

A shall be deemed to be running at large, when off or away from the premises of the owner, possessor or keeper thereof, and not under the control of such owners, possessor, keeper or his agent or servant or member of his immediate family, either by voice control, leash, cord or chain. Procuring a license and dog tag shall not authorize the running at large of said dog. (Ord. 154, Sec 2, 1977; Amended 1997)

It shall be unlawful for any owner, possessor, or person who keeps any dog to permit the same to run at large. (Ord. 154, Sec 1, 1977)

Any person found guilty of violating this section shall be guilty of a Class D misdemeanor. (Ord. 154, Sec 6, 1977; Amended 1983)

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5.05.080- Impounding of Dog at Large

It shall be the duty of the police officers or dog warden of the Town to take up and impound any dog found running at large, and they may do so without the necessity of filing a complaint. (Ord. 154, Sec 3, 1977)

Upon impounding of any licensed dog running at large, the owners, possessor or keeper of such dog, shall be immediately notified by the police officer or dog warden, which notice may be given by telephone or in person or by written notice advising of the fact of the impounding of such dog and the date of impounding and advising that the dog needs to be reclaimed as soon as possible. All unlicensed dogs shall be impounded for a maximum of five (5) weekdays, during which time the owner may claim the dog, and for three (3) additional days, during which time a home may be located for the animal. Upon claiming any impounded dog, claimant shall pay the costs of impounding said dog to the date of claiming the same. If the dog is still impounded after these time periods, it will be destroyed. (Ord. 154, Sec 3, 1977; Amended 1983; Amended 1997)

5.05.090- Reclaiming Impounded Dog

The owner of any dog so impounded may reclaim the same upon payment of all costs and charges incurred by the Town for impounding and maintaining such dog, which charges are hereby fixed as follows;

1. For each twenty-four (24) hours or portion thereof that any dog is maintained in the pound $1.00
2. For serving notice $1.50

(Ord. 154, Sec 5, 1977; Amended 1997)

5.05.100- Vicious or Noisy Dog

A. Every noisy dog which includes any dog which habitually, constantly, or frequently disturbs the sleep, peace, or quiet of any neighborhood or person by howling, whining, or barking for an extended period of time is a public nuisance. Failure of the owner, owner’s agent or person in possession to control and quiet such dog shall be deemed guilty of a Class D misdemeanor.
B. Vicious Dog
1. Definition. “Vicious dog” includes any dog which attacks or rushes, bites, snaps, growls or snarls or otherwise menaces persons, other animals or vehicles in any public or private place outside the premises of the owner or keeper, including streets, alleys and sidewalks, or shows a disposition to do any of the foregoing, without provocation or excuse.

2. Unlawful Action. It shall unlawful for any person to own, keep, harbor or allow to be upon any premises occupied by him or under his charge or control, any vicious dog, unless such dog is properly and well secured by chain, cage, fence or otherwise restricted to the premises occupied or under the control of the person owning, keeping or harboring such dog, so that such dog does not pose a threat or menace to persons occupying or using adjoining sidewalks, streets or alleys.

3. Penalty. Any person found guilty of violating the provisions of this ordinance shall be deemed to be guilty of a Class D misdemeanor.

4. Nuisance. Upon conviction under this ordinance for the first time, the court may, if circumstances warrant, order destruction of the dog as a nuisance. Upon conviction for a second time under this ordinance, the court shall order the dog destroyed as a nuisance. In no event, shall such dog be destroyed, until such time as a rabies examination, at the owner’s expense, has been made.

5. Impoundment. Upon complaint under this ordinance that a dog has attacked, rushed or bitten any person or animal, the court shall order such dog impounded for two weeks, unless such dog has been vaccinated within one year of the date of the attach or bite and the animal has been currently licenses by the Town of Diamonville. The person owning, keeping or harboring the dog shall be responsible for all costs of impoundment in addition to any fine levied under subsection 3 above. (Ord. 26, Sec 4 & 6, 1913; Amended 1983; Amended 1990)

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CHAPTER 5.10

CRUELTY TO ANIMALS

Sections:

5.10.010 – Cruelty to Animals Prohibited

Any person who shall willfully kill, main or disfigure any domestic animal or other animal, or administer poison to any such animal or expose any poisonous substance with the intent that it shall be taken by any such animal; and every person who shall tie or cause to be tied in-cans, paper bags, or other articles to the tail or any part of any dog or other animal within the limits of this Town, or any person who shall inhumanely, unnecessarily or cruelly over-work, beat, injure or otherwise abuse any animal within the limits of this Town, or being the owners or having charge of any such animal, shall suffer the same to run at large in the streets of this Town without food, drink, or shelter, or abandon the same, or neglect the same, shall be deemed guilty of a Class C misdemeanor. (Ord. 22, Sec 5, 1913; Amended 1983; Amended 1997)

CHAPTER 5.15

ANIMALS ENCLOSURES

Section:

5.15.010 – Offensive Animal Enclosures

It is a public nuisance for any person to keep or maintain any pen, kennel or enclosure or building for animals in such a filthy or unwholesome condition as to be offensive to neighbors or passers-by or injurious to the health of the neighborhood. (Ord. 169, Sec 10, 1980; Amended 1997)

Upon failure of the person in charge of or control of or responsible for any nuisance to speedily abate such a nuisance, the Town shall abate the nuisance and collect the costs of such abatement. (Ord. 169, Sec 11a, 1980)

The abatement of the nuisance by the Town shall not relieve the person in charge of or control of or responsible for any nuisance of any penalty imposed for the violation of these ordinances. (Ord. 169, Sec 11b, 1980)

Any person who fails to abate such nuisance after five (5) days written notice shall be guilty of a Class C misdemeanor.

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CHAPTER 5.20

ANIMALS AT LARGE

Sections:

5.20.010 Animals at Large Prohibited
5.20.020 Impoundment of Animals at Large
5.20.030 Interference with Impoundment Prohibited
5.20.040 Notification of Owner
5.20.050 Sale of Impounded Animal
5.20.060 Excess Monies from Sale

5.20.010 – Animals at Large Prohibited

It shall be unlawful for the owner or keeper of any horse, mare, gelding, jack, mule, sheep, goat, cow, calf, steer, bull, hog, pig or other type of livestock to suffer or permit the same to run at large within the limits of the Town of Diamonville. (Ord. 20, Sec 6A, 1913; Amended 1997)

5.20.020 – Impoundment of Animal at Large

If any of such animals shall be found running at large, contrary to the provisions of this ordinance, it is hereby made the duty of the police to take up and secure the same in a secure pen, pound, or other place provided for that purpose, and no such animal taken up and confined as aforesaid, shall be released until the owner or keeper entitled to possession of such animal, shall pay to the said police or keeper the sum of $10.00 as police fees for taking up and receiving such animal, together with the sum of $5.00 per day for each and every animal, which shall have been placed in the pen or pound aforesaid. (Ord. 20, Sec 6B, 1931; Amended 1983)

5.20.030 – Interference with Impoundment Prohibited

Any person who shall obstruct, hinder or delay, the said police, or his assistant, in taking away any such animal, or who shall willfully set any of such animals mentioned above at large within the Town limits of the Town of Diamonville, or break or assist to break, any enclosures where the said animals are confined, shall be deemed guilty of a Class C misdemeanor. (Ord. 20, Sec 6E, 1913; Amended 1983)

5.20.040 – Notification of Owner

If the owner or keeper entitled to the possession of any such animal running at large as aforesaid, shall be known to the officer or keeper having taken up such animal or animals, the said officer or keeper, shall as soon as practicable notify the said owner or keeper of the impounding of such animal or animals. (Ord. 20, Sec 6C, 1913)

5.20.050 – Sale of Impounded Animals

If the owner or keeper shall within five (5) days after the said notice of impoundment, fails to pay the charges thereon, and take said animal away, it shall be lawful for the Chief of Police, and he is hereby authorized and empowered to sell any and every such animal at public sale, to the highest and best bidder for cash, after first giving ten (10) days notice of such sale, and the time and place where such sale will take place, by posting notice thereof in three (3) public places in the Town of Diamonville, and a copy of such notice shall be served upon the owner or keeper of such animals, five (5) days before such sale, if such owner or keeper be known and is within the limits of the Town of Diamonville. And any and all such animals may be redeemed at any time, before the sale, by the owner or keeper paying the costs and charges thereto attached, and the Chief of Police by and with the consent of the Mayor, shall have power at all times to release any animal or animals, as aforesaid, when satisfied that such animal or animals were at large by an unforeseen accident, after the owner or keeper had used reasonable care to keep such animal or animals, from running at large, or that such animal or animals belonged to the open range, and were not kept by any person living within the limits of this Town. (Ord.20, Sec 6C, 1913)

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5.20.060 – Excess Monies from Sale

In case any animal, sold pursuant to the provisions of this ordinance, shall be sold for more than sufficient to pay the fees, penalties and charges thereon, such excess shall be deposited with the Town Treasurer, and shall be payable upon an order of the Town Council, to the owner or keeper of the animal upon claim and proof before the Town Council. (Ord. 20, Sec 6D, 1913)

CHAPTER 5.25

DEAD ANIMALS

Sections:

5.25.010 Animal Carcass is Nuisance
5.25.020 Disposal of Animal Carcass

5.25.010 – Animal Carcass is Nuisance

It is a public nuisance to cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected or to remain in any place in the Town to the prejudice of others. (Ord. 169, Sec 8, 1980)

Upon failure of the person in charge of or control of or responsible for any nuisance to speedily abate such a nuisance, the Town may abate the nuisance and collect the costs of such abatement. (Ord. 169, Sec 11A, 1980)

The abatement of the nuisance by the Town shall not relieve the person in charge of or control of or responsible for any nuisance of any pernalty imposed for his violation of this Section by the following paragraph. (Ord. 169, Sec 12, 1980)

The violation of this section or any part thereof shall be punishable as a Class C misdemeanor. (Ord. 169, Sec 12, 1980; Amended 1983)

5.25.020 – Disposal of Animal Carcass

It shall be the duty of every person, being the owner of or having in his possession or under his control, any dog or other animal which shall die within the corporate limits, to immediately remove the body of such animal to the disposal site, and to immediately bury the same under three feet of earth.

Any person who shall violate any of the provisions of this section shall be guilty of a Class D misdemeanor. (165, Sec 1-16, 1978; Amended 1983; Amended 1997)

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TITLE 6

HEALTH AND SAFETY

Chapters:

6.05 Food

6.10 Fire

6.15 Maintenance of Premises

6.20 Garbage Collection and Disposal

6.25 House Numbering

6.30 Smoking Regulations in Town Buildings

6.35 Uniform Code for Abatement of Dangerous Buildings

CHAPTER 6.05

FOOD

Sections:

6.05.010 Unwholesome Food for Sale
6.05.020 Restrictions on Food
6.05.030 Container for Food Storage
6.05.040 Seizure of Unwholesome Food
6.05.050 Penalty for Violation

6.05.010 – Unwholesome Food for Sale

Any person who shall expose for sale in any market house or elsewhere in this town, any emaciated, tainted or putrid meat or provisions which from these or other causes may be deemed unwholesome, shall be deemed guilty of a misdemeanor. (Ord. 14, Sec 2, 1913)

6.05.020 – Restrictions on Food

No person shall bring into the Town of Diamonville or keep or offer for sale for food purposes, any meat, fish, birds, fowls, fruit or vegetables that are not healthy, fresh and wholesome. (Ord. 14, Sec 1, 1913)

6.05.030 – Containers for Food Storage

No person shall keep any articles of human food in any receptacle that has become musty or otherwise polluted. (Ord. 14, Sec 4, 1913)

6.05.040 – Seizure of Unwholesome Food

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Any of the unwholesome food products herein mentioned shall be seized wherever found by the Chief of Police or any authorized agent of the Town and destroyed in such manner as the Town Mayor may direct. (Ord. 14, Sec 3, 1913; Amended 1997, Ord. 302)

6.05.050 – Penalty for Violation

Any person who shall violate any of the provisions of this Chapter, for which no punishment is heretofore specifically provided, shall be deemed guilty of a misdemeanor. (Ord. 14, Sec 5, 1913)

CHAPTER 6.10

FIRE

Sections:

6.10.010 Adoption of International Fire Code
6.10.020 Modification of International Fire Code
6.10.030 Future Modifications of International Fire Code
6.10.040 Enforcement of International Fire Code
6.10.050 Appeals
6.10.060 Penalty for Violation of International Fire Code

6.10.010 – Adoption of International Fire Code

There is hereby adopted by the Town Council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the certain code known as the International Fire Code recommended by the International Conference of Building Officials being particularly the 2000 edition thereof or the latest revised edition and whole thereof, save and except such portions as are hereinafter deleted, modified or amended, a copy of which is filed in the office of the Town Clerk and the same is hereby adopted and incorporated as fully as if set our of length herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the Town of Diamonville.

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6.10.020 – Modification of International Fire Code

A. Whenever the word “jurisdiction” is used in the International Fire Code, it shall be held to mean the Town of Diamonville.
B. The limits referred to in Section 3204.3.1.1 of the International Fire Code in which storage of flammable cryogenic fluids in stationary contains is prohibited, are hereby established as follows: The town limits of the Town of Diamonville.
C. The limits referred to in Section 3404.2.9.5.2 of the International Fire Code in which storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited, are hereby established as follows: The town limits of the Town of Diamonville.
D. The limits referred to in Section 3406.2.4.4 of the International Fire Code in which storage of Class I and Class II liquids in above-ground tanks is prohibited, are hereby established as follows: The town limits of the Town of Diamonville.
E. The limits referred to in Section 3804.2 of the International Fire Code in which storage of liquefied petroleum gas is restricted for the protection of heavily populated, or congested areas, are hereby established as follows: The town limits of the Town of Diamonville.

6.10.030 – Future Modifications of International Fire Code

The Building Inspector, the District Fire Chief and the Chief of Police shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The Town Clerk shall post such list in a conspicuous place in her office, and distribute copies thereof to interested persons.

6.10.040 – Enforcement of International Fire Code

The International Fire Code shall be enforced by the Building Inspector

The Building Inspector in charge of enforcing the International Fire Code shall be appointed by the Governing Body.

The District Fire Chief may detail such members of the fire department as inspectors as shall from time to time be necessary. The District Fire Chief shall recommend to the Town the employment of technical inspectors, and appointments made shall be for an indefinite term with removal only for cause.

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6.10.050 – Appeals

Whenever the Building Inspector shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Building Inspector to the Governing Body, within thirty (30) days from the date of the decision appealed.

6.10.060 – Penalty for Violation of International Fire Code

Any person who shall violate any of the provisions of this code hereby adopt or fail to comply within, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specification or plans submitted and approved thereunder, or any certificate or permit issued hereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Governing Body or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a Class C misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each seven (7) days that prohibited conditions are maintained shall constitute a separate offense.

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

CHAPTER 6.15

MAINTENANCE OF PREMISES

Sections:

6.15.010 Clean and Orderly Premises
6.15.015 Purpose, Violation of, fire Hazard and Nuisance
6.15.016 Notice to Destroy Weeds
6.15.017 Action Upon Non-Compliance with Order
6.15.020 Maintaining a Health Menace
6.15.030 Offensive Matter on Premises
6.15.040 Liquids Allowed to Become Nauseous
6.15.050 Abatement of Nuisance
6.15.060 Places Where Cooking or Eating is Done
6.15.070 Littering Prohibited
6.15.080 Vacant Lots

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6.15.010 – Clean and Orderly Premises

It shall be the duty of any owner, agent, tenant, purchaser, contractor or lessee of any premises within the Town, including places of business, dwelling houses, apartments, tenements, construction sites or other establishments, at all times, to maintain the premises in a clean and orderly condition, permitting no deposit or accumulation of garbage, refuse, rubbish or other waste materials other than those necessary or ordinarily attendant upon construction or upon the use for which such premises are legally intended. Any such accumulation is hereby declared to constitute a nuisance and nonconforming use of the premises. (Ord. 165, Sec 1-2A, 1978)

Any person who shall violate any of the provisions of this Chapter shall, upon conviction, be guilty of a Class C misdemeanor. (Ord. 165, Sec. 1-16, 1978; Amended 1983)

6.15.015 – Purpose, Violation of, Fire Hazard and Nuisance

The purpose of this article is to primarily safeguard the health of this community. Violation of this article is also deemed to constitute a fire hazard and a nuisance.

No owner or owners of any lot, place, or area within the Town, or agent of such owner or owners, shall permit noxious weeds on such lot, place, or area. The existence of such noxious weeds shall constitute a public nuisance. It shall be the duty of the owners, occupant, or agent, having control of any lot or premises, to mow or otherwise destroy or remove the weeds that may grow upon such lot or premises. Any person who shall violate the provisions of this chapter shall, upon conviction be guilty of a Class C misdemeanor. (Added 1990)

6.15.016– Notice to Destroy Weeds

A. When noxious weeds are found to exist upon any premises within the Town, the Town shall notify the owner of the property or if no such person can be found, the person in control of the premises or his agent or servant.
B. The notice shall state that the existence of such noxious weeds constitutes public nuisance, and shall order the owners or person in charge, to exterminate or remove all such weeds on any lot, place or area within the Town limits. The notice shall further inform such property owners, or their agents, that upon their failure to remove or exterminate such weeds within a specified time, the Town may proceed to have such weeds removed or exterminated and assess the cost thereof to the property involved. (Added 1990)
C. Personal notice of the order shall be served. In the case personal notice cannot be obtained, and then the notice shall be published once in a town newspaper. Date of publication shall be not less than seven (7) days prior to the date upon which the Town shall commence to remove the weeds from such property. (Added 1990)

6.15.017– Action Upon Non-Compliance with Order

Upon failure, neglect, or refusal of any owner or owners, or agents thereof, to exterminate or remove noxious weeds growing, lying or located upon the property of the owner before the date specified in the notice, a responsible Town official may exterminate or remove such noxious weeds. Such official shall report to the Town Clerk the cost of such extermination. The charges, whichever sum is greater, or such other amount as the Town Council may determine from time to time, by resolution, to cover the administrative costs. The total cost shall be assessed against the lot or parcel of land upon which weeds have been exterminated or removed. The Clerk shall cause the aforesaid costs to become a lien against the property involved. (Added 1990)

6.15.020– Maintaining a Health Menace

No owner or occupier of land or buildings shall cause or knowingly permit such property to become or remain in a condition constituting a menace to health or safety by the accumulation of filth, sewage, garbage, refuse, trash, standing or stagnant water, litter, rubbish, ruins, weeds, brush, or any waste matter whatsoever, and permitting the same shall be a public menace. (Ord. 169, Sec 6, 1980; Amended 1983)

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6.15.030– Offensive Matter on Premises

It is a public nuisance for any owner, lessee, occupant, or resident of any premises to suffer or cause to be maintained on such premises for twenty-four (24) hours or longer any unwholesome, decaying or putrid animal or vegetable matter which contaminates the atmosphere or endangers or injures the health of any person or which is indecent or offensive to the senses or interferes with the comfort or enjoyment of any resident in the Town. (Ord.169, Sec 7, 1980)

6.15.040– Liquids Allowed to Become Nauseous

It shall be deemed a public nuisance and is unlawful for any person to cause or permit any nauseous, foul or putrid liquor or other liquid substance to be discharged, placed or thrown, or to flow from or out of any premises into or upon any adjacent premises or any public street, alley, road or sidewalk, or into any channel or watercourse. (Ord. 169, Sec 9, 1980; Amended 1983)

6.15.050– Abatement of Nuisance

Upon the failure of the person in charge of or control of or responsible for any nuisance to speedily abate such a nuisance, the Town may abate the nuisance and collect the costs of such abatement. (Ord. 169, Sec 11a, 1980)

The abatement of the nuisance by the Town shall not relieve the person in charge of or control of or responsible for any nuisance of any penalty imposed for his violation of this chapter. (Ord. 169, Sec 11B, 1980)

6.15.060– Places Where Cooking or Eating is Done

All persons, where cooking or eating is done, shall provide and keep at their expense, at all times, garbage cans which are suitable for the purpose of holding all garbage and refuse without running over. (Ord. 165, Sec 1-2B, 1978)

Any person who shall violate any of the foregoing section of this chapter shall, upon conviction, be guilty of a Class C misdemeanor. (Ord. 165, Sec 1-16, 1978; Amended 1980)

6.15.070– Littering Prohibited

It shall be unlawful for any person to store or allow garbage, refuse, rubbish or waste material of any kind to accumulate anywhere in Town; or to litter, throw or sweep any garbage, refuse, rubbish or water material of any kind into any street, gutter, sidewalk, sewer intake, alley, vacant lot, pond, stream or any other property within the town limits. (Ord. 165, Sec 1-3, 1978)

Any person who shall violate this section shall, upon conviction, be guilty of a Class C misdemeanor. (Ord. 165, Sec 1-16, 1978; Amended 1983)

6.15.080– Vacant Lots

The owner of any vacant lot at all times shall keep the same free from burdocks, thistles, briers or other noxious waste. (Ord. 19, Sec 9A, 1913)

Any person violating any provision of this section shall be deemed guilty of a Class D misdemeanor. (Ord. 19, Sec 1, 1913; Amended 1983)

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CHAPTER 6.20

GARBAGE COLLECTION AND DISPOSAL

Sections:

6.20.010 Definitions
6.20.020 Garbage Collection by Private Services
6.20.030 Responsible for Removal of Certain Material to Landfill
6.20.040 Burning of Garbage Unlawful
6.20.050 Securing Refuse Containers
6.20.060 Commercial District – Fenced Collection Containers
6.20.070 Penalty for Violation

6.20.010– Definitions

For the purpose of this chapter, the following words shall have the meanings respectively ascribed to them by this section. The word “shall” is always mandatory and not merely directory:

“Ashes” – The residue from the burning of wood, coal, coke or other combustible materials.

“Town” – The Town of Diamonville

“Collector” – Either the Town or a person holding a business license issued or granted by the Town authorizing such person to operate, conduct and maintain a municipal garbage and refuse collection and disposal system upon, on and over streets, alleys and public ways of the Town.

“Garbage” – Wastes resulting from the handling, preparation, cooking or consumption of foods; wastes from the handling, storage and sale of produce; and other matter whatsoever that may decompose and become foul, offensive, unsanitary or dangerous to health.

“Owner and Occupant” – Every person in possession, charge, custody or control of any premises where garbage, refuse and rubbish is created or accumulated.

“Person” – Any person, firm, partnership, association, company, corporation or organization of any kind.

“Premises” – Land and all buildings and structures thereon, including but notexcluding by enumeration, single or multi-family dwellings, rooming houses, apartment houses, hospitals, convalescent and nursing homes, hotels and motels, restaurants, drive-in establishments, schools (academic, trade or industrial, and kindergarten) and any other place of habitation, office, shop or establishment or place of conducting a business, trade or occupation.

“Refuse” – Combustible and noncombustible discarded materials including but not limited to, paper, wood, branches, leaves, excepting non-offensive compost piles, furniture, bedding, building materials, ashes and solid wastes resulting from industrial and manufacturing processes.

“Rubbish” – Non-putrescible solid waste (Excluding ashes) consisting of both combustible and noncombustible waste, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, and similar materials.(Ord. 165, Sec 1-1, 1978)

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6.20.020– Garbage Collection by Private Services

A. Garbage, refuse and rubbish may be collected and removed by private garbage collection services only when such service holds a current and valid non-exclusive business license from the Town of Diamonville.

B. Collection equipment shall be of an enclosed compaction type unit as approved by the Town of Diamonville; all vehicles used to transport garbage or refuse over town streets shall be watertight and shall be provided with an adequate cover to prevent offensive odors and materials from escaping.

C. The Town Council may be contract or resolution make such other and further rules and regulations concerning collection by private licensed garbage collection services as it shall find reasonable, necessary and not inconsistent with the Town ordinances.

(Ord. 165, Sec 1-11, 1978; Amended 1997)

6.20.030– Responsible for Removable of Certain Material to Landfill

The owners or persons responsible therefore shall not permit any unnecessary accumulation, and shall be held responsible for the immediate removal to the county disposal site, of trash, refuse and rubbish as follows:

1. Discarded automobile parts, furniture, stoves and other large fixtures.

2. Manure, other than a light spread applied on lawns or gardens for fertilizing purposes, shall not be kept on any premises for any purpose or kept in piles for later use, but must be either plowed under or removed by the owner or person responsible therefore.

3. All plaster, broken concrete, stone, wood, roofing materials, wire or metal binding, sacks or loose discarded or unused materials of all kinds, resulting from wrecking, construction, reconstruction or remodeling of any room, basement, wall, fence, sidewalk or building shall be promptly removed or stored in such a manner as not to be scattered by wind or otherwise, and, as soon as possible, shall be removed by the persons responsible for such work. Such person shall be held liable for any damages caused by the scattering of refuse upon adjacent property and for the costs of cleaning up such scattered refuse.

4. Silt and similar deposits from automobile wash racks shall be removed to the town disposal site by the person, firm or corporation creating such deposits.

5. It shall be the duty of every person, being the owners of or having in his possession or under his control, any dog or other animal which shall die within the corporate limits, to immediately remove the body of such animal to the disposal site, and to immediately bury the same under three feet of earth, in a place designated by the employee in charge of the disposal site.6. Any accumulation of refuse that is highly explosive or inflammable or which might otherwise endanger life or property, shall be removed immediately to such place as approved by the sanitary commission.

7. Any garbage, refuse, rubbish or wastes of such a quantity, quality, size or weight as to prevent the same from being deposited in a collection container.

(Ord. 165, Sec 1-5, 1978; Amended 1997)

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6.20.040– Burning of Garbage Unlawful

It shall be unlawful for any person to burn any garbage, refuse, rubbish or any combustible waste in the Town of Diamonville. (Ord. 165, Sec 1-12A, 1978)

6.20.050 – Securing Refuse Containers

All refuse containers shall be secured in such a manner as to provide reasonable security against being overturned by animals, wind or other causes. (Ord. 165, Sec 1-7E, 1978)

6.20.060 – Commercial District – Fenced Collection Containers

All containers for the collection of garbage, rubbish, food, sacks, flyers or any other refuse accumulated from a commercial business will be enclosed in a fenced area. The fence will be of material with openings, if any, no larger than two inches by tow inches, of the height of at least six feet with a gate that will be kept closed except for access. A variance may be granted by the Mayor and Council after a favorable inspection.

TITLE 7

Traffic, Parking, Sidewalks, Roads

Chapters:

7.05 Traffic

7.10 Parking

7.15 Vehicles in Cemetery

7.20 Snowmachines

7.25 Railroads

7.30 Sidewalks

7.35 Excavations

7.40 Miscellaneous Provisions

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CHAPTER 7.05

TRAFFIC

Sections:

7.05.010 General Traffic Code
7.05.020 Intent of General Traffic Code

7.05.010 – General Traffic Code

All of the Uniform Act Regulating Traffic in the Wyoming State Statues Title 31 Chapters 1 through 7 in it’s entirety as well as any and all amendments which may be made to said Act from time to time, is hereby adopted by reference by the Town of Diamonville, Wyoming; and made a part of the Municipal Ordinances of the Town of Diamonville as if fully set forth in the body and text of this chapter. A copy of such Act is on file in the office of the Town Clerk for public inspection. (Ord. 152, Sec 1, 1976; Amended 1983, Amended 1996, Amended 1997)

7.05.020 – Intent of General Traffic Code

It is the intent of the Town of Diamonville to control traffic on the streets and alleys of the Town as nearly as possible in the same manner as traffic is controlled by the State of Wyoming; and the Uniform Act Regulating Traffic on Highways shall be given a liberal interpretation in order to achieve this purpose. Any and all provisions of said Act inconsistent with this intent and purpose shall be ignored and shall not affect the validity of any other part of the Act which can be given effect without such inconsistent part or parts. (Ord 152, Sec 2, 1976)

IN this regard, the words “Superintendent”, “Commission”, “Director”, “Division”, and “Department” shall be construed to mean, when the context so requires, either the Town, the Mayor, the Town Council or the Chief of Police, whichever is consistent with the purpose and intent of said Act. (Ord. 152, Sec 2, 1976)

CHAPTER 7.10

PARKING

Sections:

7.10.010 Parking prohibited at all times; Signs Not Required for Enforcement
7.10.020 Method of Parking – Generally
7.10.030 Truck Parking
7.10.040 Private Property
7.10.050 Stop the Traffic Obstructed
7.10.060 Blocking of Street, Alleys or Sidewalk
7.10.070 Yield Right of Way Signs, Obedience; Manner of Entering Intersections so Posted 7.10.080 Storage of Vehicles in Public Space Prohibited
7.10.090 Parking Vehicles on Public Streets for Repairs
7.10.100 Parking Near Intersections Restricted
7.10.110 Abandonment Declared Nuisance
7.10.120 Snow Removal Parking
7.10.130 Authority to Impound Illegally Parked Vehicles
7.10.140 Definitions
7.10.150 Penalty

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7.10.010 – Prohibited at all Times; Signs Not Required for Enforcement

A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places at any time. Except as otherwise provided in this section, posting of signs prohibiting parking shall not be a requirement for the prosecution of persons violating this section.

1. Within fifteen (15) feet of a fire hydrant, on a line running from the center of said fire hydrant, on a line running form the center of said fire hydrant, parallel with the street, on both sides of the fire hydrant.

2. On a crosswalk.

3. Blocking any traffic sign or device.

4. Within fifteen (15) feet of a crosswalk at an intersection, except in a commercial district.

5. Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of the roadway.

6. Along side or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.

7. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

8. In any designated alley.

9. On a public street except in the direction of traffic.

10. In any manner which will block a driveway of a residence or business, except by the resident or business owner.

7.10.020 – Method of Parking - Generally

A. Unless otherwise posted, all vehicles in all parts of town stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right hand wheels of such vehicle parallel to and within eighteen (18) inches of the right hand curb, provided that upon hillsides or inclines, the front wheels shall be turned into this curb.

B. Angle or diagonal parking shall be permitted only in designated area.

Any person in violation of this section shall be guilty of a Class D misdemeanor. (Amended 1997)

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7.10.030 – Truck Parking

No parking of commercial trucks in Diamonville except in designated areas or when making a delivery. Any person in violation of this section shall be guilty of a Class D misdemeanor. (Amended 1997)

7.10.040 – Private Parking

No person shall park a vehicle on private property without the permission of the property owner. Any person in violation of this section shall be guilty of a Class D misdemeanor. (Amended 1997)

7.10.050 – Stop When Traffic Obstructed

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, not withstanding any traffic control signal indication to proceed. Any person in violation of this section shall be guilty of a Class D misdemeanor. (Amended 1997)

7.10.060 – Blocking of Streets, Alleys or Sidewalks

No vehicle shall be driven or parked so as to obstruct any street, sidewalk, alley or intersection. Any person in violation of this section shall be guilty of a Class D misdemeanor. (Amended 1997)

7.10.070 – Yield Right of Way Sign, Obedience; Manner of Entering Intersections so Posted

A driver of a vehicle approaching a yield sign shall slow to a speed of not more than ten (10) miles per hour and yield right-of-way to all vehicles approaching from the right or left of the intersecting street which are so close as to constitute an immediate hazard. If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield sign, such collision or interference shall be deemed prima facie evidence of the driver’s failure to yield the right-of-way.

7.10.080 – Storage of Vehicles in Public Space Prohibited

No owner, manager or employee of any garage, salesroom, shop or other place of business shall permit any vehicle, whether the same is stock in trade or left for safe keeping, repair or storage, to be or remain in or upon any alley, street or sidewalk or in any space between the street and the property line adjacent to, in front of or beside any premises in the town. Any person in violation of this section shall be guilty of a Class D misdemeanor. (Amended 1997)

7.10.090 – Parking Vehicles on Public Streets for Repairs

No person shall park a vehicle on a public street or alley for the principal purpose of repairing, changing oil or greasing same, except repairs necessitated by an emergency. Any person in violation of this section shall be guilty of a Class D misdemeanor. (Amended 1997)

7.10.100 – Parking Near Intersection Restricted

No vehicle which exceeds six (6) feet in height shall be parked upon any street or roadway within forty (40) feet of the intersection of that street or roadway with any other street or roadway. Any person in violation of this section shall be guilty of a Class D misdemeanor. (Amended 1997)

7.10.110 – Abandonment Declared Nuisance

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CHAPTER 7.20

SNOWMOBILES

Sections:

7.20.010 Definitions
7.20.020 Operation Unlawful
7.20.030 Penalty for Violation

7.20.010 – Definitions

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section;

“Operate” – To ride in or on and control the operation of a snowmobile.

“Snowmobile” – Any mechanically driven vehicle designed primarily for operation over snow.

(Ord. 159, Sec 1, 1978)

7.20.020 – Operation Unlawful

It shall be unlawful for any person to drive or operate any snowmobile on any street, alley, park, or any public property. (Ord. 159, Sec 2, 1978)

7.20.030 – Penalty for Violation

Any person who shall violate this chapter shall be guilty of a Class C misdemeanor. (Ord. 159, Sec 3, 1978; Amended 1983)

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CHAPTER 7.30

SIDEWALKS

Sections:

7.30.010 Removal of Snow and Ice
7.30.020 Cleaning Sidewalks
7.30.030 Obstruction of Sidewalks
7.30.040 Driving on Sidewalks
7.30.050 Broken Sidewalks
7.30.060 Penalty for Violation

7.30.010 – Removal of Snow and Ice

No owner or occupant herein mentioned shall suffer or permit any snow or ice to collect and remain on any public sidewalk so as to impede, obstruct, or render dangerous public travel, later than nine o’clock in the forenoon of any day after the same shall have fallen or collected thereon, or for more than two hours after notice from the Mayor or Chief of Police of the said Town, or any person duly authorized by the Mayor, to remove such snow or ice. (Ord. 19, Sec 9C, 1913)

7.30.020 – Cleaning Sidewalks

Every person occupying the ground floor of any building and the owner of any vacant building or lot, shall keep the sidewalk adjoining said building and lot free and clean from snow, ice, waste, rubbish or other obstructions. (Ord.19, Sec 9A, 1913)

No person shall sweep, plow, push or shovel snow, dirt, ashes or rubbish, or throw slop water out of any building or lot upon any public sidewalk, street, alley or property. (Ord.19, Sec 9B, 1913; Amended 1984)

Snow from private driveways or parkways, excluding business parking areas or lots, will be allowed to be placed into the street prior to snow plowing of the roadways by the Town of Diamonville. After roadways have been plowed, and prior to the removal of the snow berm by the Town, snow from private driveways or parkways, excluding business parking areas or lots, may be placed in the center of the street at the existing snow berm. Snow from the driveways and parkways shall not be placed within or on the street after the snow berm has been removed. (Amended 2001, Ord. 334)

Any person violating any provision of this section shall be guilty of a Class D misdemeanor. (Added 2001, Ord 334)

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7.30.030 – Obstruction of Sidewalks

Any person who shall obstruct any sidewalk in such a manner as to hinder or endanger its use by pedestrians, except when receiving or delivering goods or during the maintenance of said sidewalk shall be guilty of a Class D misdemeanor. (Ord. 19, Sec 1, 1913; Amended 1983; Amended 1997)

7.30.040 – Driving on Sidewalks

Any person, who shall drive any vehicle along or upon any sidewalk in the Town of Diamonville, intended for the use by pedestrians, except baby carriages, wheel chairs or vehicles used for the maintenance of said sidewalk shall be guilty of a Class D misdemeanor. (Ord. 19, Sec 4, 1913; Amended 1983; Amended 1977)

Any person who shall who shall drive, skate or slide over any sidewalk or cross-walk, bridge or entrance to a church or public hall in such a manner as to obstruct the free passage of the public, shall be guilty of a Class D misdemeanor. (Ord. 19, Sec 6, 1913; Amended 1983)

7.30.050 – Broken Sidewalks

Any person who shall suffer any sidewalk in front of the premises owned and occupied by him to become or continue so broken so as to endanger life and limb, shall be guilty of a Class C misdemeanor. (Ord. 19, Sec 3, 1913; Amended 1983)

7.30.060 – Penalty for Violation

Any person violating any provision of this chapter, for which violation punishment is not specifically heretofore provided herein, shall be deemed guilty of a Class C misdemeanor. (Ord. 19, Sec 12, 1913; Amended 1983)

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