11-5-117. Criminal provision; penalty; civil penalties; limitations; necessary proof.
(a) Any person violating any provision of this act is guilty of a misdemeanor, and shall be fined not more than seven hundred fifty dollars ($750.00) in addition to fines provided for in W.S. 11-5-109(e).
(b) In any proceeding to impose any fine or penalty for any failure to perform a remedial requirement ordered by a district board for control of a weed or pest in any infested area, the district board shall have the burden of proving:
(i) That the proposed remedial action would control the target weed or pest;
(ii) That the remedial action would be a cost effective action and would be more cost effective than any alternative action proposed or adopted by the landowner; and
(iii) That the weed or pest to be controlled was at risk of spreading to the land of others in the area.
Structure Wyoming Statutes
Title 11 - Agriculture, Livestock and Other Animals
Chapter 5 - Weed and Pest Control
Section 11-5-101 - Short Title; Purpose of Provisions.
Section 11-5-102 - Definitions.
Section 11-5-103 - Composition of Districts.
Section 11-5-105 - Duties; Powers; Supervisor Compensation.
Section 11-5-106 - Board of Certification; Duties.
Section 11-5-107 - Purchase and Sale of Pesticides; Cost Share With Landowner.
Section 11-5-108 - Rates and Application of Pesticides; Payment by Landowner; Bidding Restriction.
Section 11-5-109 - Inspection of Land; Remedial Requirements; Cost to Landowner.
Section 11-5-110 - Appraisal of Damage to Landowner; Hearing.
Section 11-5-111 - Tax Levied on Property in District; Maximum Amount; Weed and Pest Control Fund.
Section 11-5-113 - Allocation of Funds; Formula; Special Funding.
Section 11-5-114 - Allocated Funds; Procedure to Disburse.
Section 11-5-115 - Program in Cities and Towns Authorized; Funding; Use of Monies.
Section 11-5-116 - Quarantine by Director; Request by District.
Section 11-5-117 - Criminal Provision; Penalty; Civil Penalties; Limitations; Necessary Proof.
Section 11-5-118 - Inspection for Contamination.