Wyoming

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Kovnat v. Xanterra Parks and Resorts

Summary: In this case, Corrine Kovnat filed suit against Xanterra Parks and Resorts (Xanterra) alleging that it was negligent in connection with the injuries she sustained while horseback riding in Yellowstone National Park. Kovnat argued that Xanterra was negligent because the cinch on the saddle was too loose and her stirrups were uneven. The district court reviewed the issue and granted summary judgment in favor of defendant, Xanterra. The court held that under Wyoming’s Recreational Safety Act, Xanterra owed no duty of care to protect Kovnat from the injuries she sustained. Kovnat appealed the district court’s ruling and the court of appeals affirmed in part and denied in part the district court’s ruling. Ultimately, the court of appeals found that summary judgment was only proper for Kovnat’s claim regarding the loose cinch but was not proper for the issue of the uneven stirrups. The court of appeals came to this conclusion after examining the Recreational Safety Act and finding that Xanterra cannot be held liable for any risks that are “inherent to the sport of horseback riding.” The court determined that the loose cinch was a reasonable risk that was inherent to the sport of horseback riding while the uneven stirrups were not. For this reason, the court of appeals remanded the case for further proceedings with regard to the issue of the uneven stirrups.

In this case, Corrine Kovnat filed suit against Xanterra Parks and Resorts (Xanterra) alleging that it was negligent in connection with the injuries she sustained while horseback riding in Yellowstone National Park. Kovnat argued that Xanterra was negligent because the cinch on the saddle was too loose and her stirrups were uneven. The district court reviewed the issue and granted summary judgment in favor of defendant, Xanterra. The court held that under Wyoming’s Recreational Safety Act, Xanterra owed no duty of care to protect Kovnat from the injuries she sustained. Kovnat appealed the district court’s ruling and the court of appeals affirmed in part and denied in part the district court’s ruling. Ultimately, the court of appeals found that summary judgment was only proper for Kovnat’s claim regarding the loose cinch but was not proper for the issue of the uneven stirrups. The court of appeals came to this conclusion after examining the Recreational Safety Act and finding that Xanterra cannot be held liable for any risks that are “inherent to the sport of horseback riding.” The court determined that the loose cinch was a reasonable risk that was inherent to the sport of horseback riding while the uneven stirrups were not. For this reason, the court of appeals remanded the case for further proceedings with regard to the issue of the uneven stirrups.

WY - Ecoterrorism - § 6-3-414. Trespassing to Unlawfully Collect Resource Data

Summary: This statute prohibits trespassing to unlawfully collect resource data. Collecting resource data is done by entering onto open land without an ownership interest or permission to collect information or photograph resource data (including animal species). Violation of this law is punishable by imprisonment of not more than one year and/or a $1,000 fine for the first offense, and imprisonment from ten days to a year and/or a $5,000 fine for subsequent offenses.

This statute prohibits trespassing to unlawfully collect resource data. Collecting resource data is done by entering onto open land without an ownership interest or permission to collect information or photograph resource data (including animal species). Violation of this law is punishable by imprisonment of not more than one year and/or a $1,000 fine for the first offense, and imprisonment from ten days to a year and/or a $5,000 fine for subsequent offenses.

Detailed Discussion of Wyoming Great Ape Laws

Summary: The following article discusses Wyoming Great Ape law. Wyoming has no law that restricts or otherwise mentions great apes. In fact, Wyoming does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The only possible reference that could include great apes is the definition for “exotic species” under the general fish and game code definitions. However, there are no accompanying restrictions on possession or importation of those exotic species. The state’s cruelty law is broad enough to include great apes. There are no exceptions under the cruelty for scientific research or testing.

The following article discusses Wyoming Great Ape law. Wyoming has no law that restricts or otherwise mentions great apes. In fact, Wyoming does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The only possible reference that could include great apes is the definition for “exotic species” under the general fish and game code definitions. However, there are no accompanying restrictions on possession or importation of those exotic species. The state’s cruelty law is broad enough to include great apes. There are no exceptions under the cruelty for scientific research or testing.

WY - Initiative - Right to Hunt, Fish and Trap, Amendment B

Summary: The adoption of this amendment will recognize and preserve the heritage of Wyoming citizens' opportunity to fish, hunt and trap wildlife, subject to regulation as prescribed by law. It was passed by 84.8% of voters in 2012.

The adoption of this amendment will recognize and preserve the heritage of Wyoming citizens' opportunity to fish, hunt and trap wildlife, subject to regulation as prescribed by law. It was passed by 84.8% of voters in 2012.

WY - Cruelty - Consolidated Cruelty Statutes

Summary: Wyoming amended its cruelty law in early 2011 to include the new offense of "household pet animal cruelty." Under the general anti-cruelty part of the law, a person commits cruelty to animals if he or she  knowingly and with intent to cause death, injury or undue suffering overrides an animal or drives an animal when overloaded, unnecessarily or cruelly beats, tortures, torments, injures, mutilates or attempts to kill an animal, or carries an animal in a manner that poses undue risk of injury or death.  The neglect component provides that person who has charge and custody of any animal and unnecessarily fails to provide it with the proper food, drink or protection from the weather, or cruelly abandons the animal, or fails to provide the animal with appropriate medical care is also guilty of cruelty.

Wyoming amended its cruelty law in early 2011 to include the new offense of "household pet animal cruelty." Under the general anti-cruelty part of the law, a person commits cruelty to animals if he or she  knowingly and with intent to cause death, injury or undue suffering overrides an animal or drives an animal when overloaded, unnecessarily or cruelly beats, tortures, torments, injures, mutilates or attempts to kill an animal, or carries an animal in a manner that poses undue risk of injury or death.  The neglect component provides that person who has charge and custody of any animal and unnecessarily fails to provide it with the proper food, drink or protection from the weather, or cruelly abandons the animal, or fails to provide the animal with appropriate medical care is also guilty of cruelty.

WY - Trust - § 4-10-409. Trust for care of animal

Summary: This statute represents Wyoming's pet trust law.  The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the last animal named in the trust.

This statute represents Wyoming's pet trust law.  The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the last animal named in the trust.

WY - Impound - § 33-30-215. Disposition of unclaimed animals in custody of veterinarians;

Summary: This Wyoming statute states that any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which is then unclaimed by its owner for a period of more than ten days after written notice is given to the owner at his or her last known address, shall be deemed to be abandoned.  It may then be turned over to the nearest humane society or dog pound in the area where it may be disposed of as the shelter sees fit.

This Wyoming statute states that any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which is then unclaimed by its owner for a period of more than ten days after written notice is given to the owner at his or her last known address, shall be deemed to be abandoned.  It may then be turned over to the nearest humane society or dog pound in the area where it may be disposed of as the shelter sees fit.

WY - Veterinary - Chapter 30. Veterinarians

Summary: These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

WY - Hunting - Article 1. Game Bird Farms.

Summary: This Wyoming statute provides that one who desires to operate a game bird farm must file a verified declaration that states the purpose of the farm (breeding, propagating, or hunting) and a legal description of the tract of land.

This Wyoming statute provides that one who desires to operate a game bird farm must file a verified declaration that states the purpose of the farm (breeding, propagating, or hunting) and a legal description of the tract of land.

WY - Invasive Species - Article 2. Aquatic Invasive Species

Summary: These Wyoming statutes prohibit introducing an aquatic invasive species into any waters of the state. No one may launch any conveyance without first complying with aquatic invasive species prevention requirements. A violation is a high misdemeanor.

These Wyoming statutes prohibit introducing an aquatic invasive species into any waters of the state. No one may launch any conveyance without first complying with aquatic invasive species prevention requirements. A violation is a high misdemeanor.

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