Article 1 in general 35 1 101. Local contributions; disposition
12 115. Additional requirements by other governmental agencies not permitted after issuance of permit; exceptions
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- 35 12 116. Revocation or suspension of permit.
- 35 12 117. Monitoring of facilities.
- 35 12 118. Penalties for violations; civil action by attorney general.
- 35 12 119. Exemptions; information required.
- 35 13 101. Renumbered as 16 6 501 by Laws 1982, ch. 62, § 3. 35 13 102. Renumbered as 16 6 502 by Laws 1982, ch. 62, § 3.
- 35 13 201. Generally; use of service dogs.
- 35 13 202. Drivers to take precautions; liability.
- 35 13 203. Interfering with rights; penalty.
- 35 13 204. Additional provisions on use of service dogs; penalty.
- 35 13 205. Definitions.
- 35 13 206. Injuring or killing a service dog prohibited; penalties.
- 35 14 101. Repealed and Recreated as 42 5 101 and 42 5 102 by Laws 1988, ch. 34, § 2. 35 14 102. Repealed and Recreated as 42 5 101 and 42 5 102 by Laws 1988, ch. 34, § 2.
- 35 14 105. Repealed and Recreated as 42 5 101 and 42 5 102 by Laws 1988, ch. 34, § 2. 35 14 106. Repealed and Recreated as 42 5 101 and 42 5 102 by Laws 1988, ch. 34, § 2.
- 35 15 102. Chapter not applicable to certain political subdivisions.
- 35 15 103. Definitions.
- 35 15 104. License required to permit, advertise, organize or sell tickets to assemblage of 5,000 or more people.
- 35 15 105. Separate license required for each day and location of assemblage of 5,000 or more people.
- 35 15 106. Exception to license requirements.
- 35 15 107. Requirements for license.
- 35 15 108. Application for license; how made; contents.
35 12 115. Additional requirements by other governmental agencies not permitted after issuance of permit; exceptions. (a) Notwithstanding any other provision of law, no state, intrastate regional agency or local government may require any approval, consent, permit, certificate or other condition for the construction, operation or maintenance of a facility authorized by a permit issued pursuant to this chapter except that: (i) The department of environmental quality shall retain authority which it has or which it may be granted to determine compliance of the proposed facility with state and federal standards and implementation plans and to enforce those standards; and (ii) The public service commission shall retain authority which it has or may be granted relative to certificates of convenience and necessity, rates, interchange of services and safety regulations. (b) Nothing in this chapter prevents the application of state laws for the protection of employees engaged in the construction, operation or maintenance of any facility specified in this section. 35 12 116. Revocation or suspension of permit. (a) A permit may be revoked or suspended for: (i) Any material false statement in the application or in accompanying statements or studies required of the applicant, if a true statement would have warranted the council's refusal to grant a permit; (ii) Failure to comply with the terms or conditions of the permit after notice of the failure from the office and reasonable opportunity to correct the failure; or (iii) Violation of this chapter, the regulations issued pursuant to this chapter or orders of the council or office. 35 12 117. Monitoring of facilities. (a) Except as provided in subsection (b) of this section, the council and the division, utilizing to the fullest extent possible the staff and resources of all state agencies, boards and commissions, has continuing authority and responsibility for: (i) Monitoring the operations of all facilities which have been granted permits under this chapter; (ii) Assuring continuing compliance with this chapter and permits issued pursuant to this chapter; and (iii) Discovering and preventing noncompliance with this chapter and the permits. (b) The department of environmental quality has exclusive continuing authority and responsibility for monitoring and assuring compliance with: (i) Laws and regulations pertaining to air, water and land quality, and solid waste management; and (ii) Any permit conditions ordered by the council relating to matters of air, water and land quality, and solid waste management. 35 12 118. Penalties for violations; civil action by attorney general. (a) No person shall: (i) Commence to construct a facility after the effective date of this chapter without first obtaining a permit required under this chapter; (ii) Construct, operate or maintain a facility, after having first obtained a permit, other than in specific compliance with the permit; (iii) Cause any of the acts specified in this subsection to occur; (iv) Operate or maintain an industrial facility without having first obtained the permit required under this chapter. (b) Any person violating subsection (a) of this section is liable to a civil penalty of not more than ten thousand dollars ($10,000.00) for each violation. Each day of a continuing violation constitutes a separate offense. The penalty shall be recoverable in a civil suit brought by the attorney general on behalf of the state in the district court in and for the county of Laramie. (c) Whoever knowingly and willfully violates subsection (a) of this section shall be fined not more than ten thousand dollars ($10,000.00) for each violation or imprisoned for not more than one (1) year, or both. Each day of a continuing violation constitutes a separate offense. (d) In addition to any penalty provided in subsection (b) or (c) of this section, if the director determines that a person is violating this section, he shall refer the matter to the attorney general who may bring a civil action on behalf of the state in the district court in and for the county of Laramie for injunctive or other appropriate relief against the violation and to enforce this chapter or a permit issued under this chapter, and upon a proper showing a permanent or preliminary injunction or temporary restraining order shall be granted without bond. (e) All fines collected pursuant to subsection (b) of this section shall be paid to the state treasurer and credited as provided in W.S. 8 1 109. 35 12 119. Exemptions; information required. (a) Nonmineral processing facilities to be constructed in existing industrial parks, as designated by local governments, are exempt from payment of fees and certification procedures but shall furnish the information required by W.S. 35 12 109(a)(iii), (iv) and (v) to the division if included in W.S. 35 12 102(a)(vii). (b) State and local governmental units and agencies are exempt from the application and permit procedures of this chapter, but prior to commencing to construct any facility as provided in W.S. 35 12 102(a)(vii), those units and agencies shall furnish to the division information required by W.S. 35 12 109(a)(iii), (iv) and (v). (c) The construction, operation and maintenance of the following activities are exempt from this chapter: (i) Electric transmission lines with a maximum operating voltage of less than one hundred sixty thousand (160,000) volts, except: (A) Any collector system, regardless of voltage, associated with a commercial facility generating electricity from wind and which meets the definition of an industrial facility pursuant to W.S. 35 12 102(a)(vii)(E) and (F) shall not be exempt; (B) A commercial facility generating electricity from wind that is exempt from W.S. 35 12 102(a)(vii)(E) or (F) shall not become subject to this chapter because its collector system is greater than one hundred sixty thousand (160,000) volts. (ii) Oil and gas drilling facilities; (iii) All pipelines except coal slurry pipelines; (iv) Oil and gas producing facilities; (v) Oil and gas wellfield activities. (d) Activities exempt under this section shall not be included as part of the application review of a facility subject to this chapter, and the council does not have jurisdiction over exempt activities. Applicants shall furnish the information required by W.S. 35 12 109(a)(iii), (iv), (v) and (viii) for exempt activities. CHAPTER 13 FACILITIES IN PUBLIC BUILDINGS FOR PHYSICALLY HANDICAPPED ARTICLE 1 IN GENERAL 35 13 101. Renumbered as 16 6 501 by Laws 1982, ch. 62, § 3. 35 13 102. Renumbered as 16 6 502 by Laws 1982, ch. 62, § 3. 35 13 103. Renumbered as 16 6 503 by Laws 1982, ch. 62, § 3. 35 13 104. Renumbered as 16 6 504 by Laws 1982, ch. 62, § 3. 35 13 105. Repealed by Laws 1982, ch. 62, § 4. ARTICLE 2 PROTECTION AND RIGHTS OF BLIND AND DISABLED PERSONS 35 13 201. Generally; use of service dogs. (a) Any blind, visually impaired, deaf, hearing impaired person or other person with a disability, subject to the conditions and limitations established by law and applicable alike to all persons: (i) Has the same right as an able bodied person to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places; (ii) Shall be afforded full and equal accommodations, advantages, facilities and privileges of all hotels, motels, lodging places, restaurants, public elevators, places of public accommodation, amusement or resort and other places to which the general public is invited; and (iii) Shall not be discriminated against in the leasing or rental of apartments and other private residential property because of his disability. (b) Any blind, visually impaired, deaf, hearing impaired person or other person with a disability may be accompanied by a service dog in any of the places listed in subsection (a) of this section without paying an extra charge for the service dog, shall not be discriminated against in the leasing or rental of residential property because the person has a service dog and is liable for any damage done to the premises or facilities by the dog. 35 13 202. Drivers to take precautions; liability. The driver of a vehicle approaching a blind, partially blind, deaf or hearing impaired pedestrian carrying a cane predominantly white or chrome metallic in color or using a guide dog shall take all necessary precautions to avoid injury to the pedestrian. Any driver failing to take these precautions is liable in damages for any injury caused the pedestrian. 35 13 203. Interfering with rights; penalty. Any person denying or interfering with admittance to or enjoyment of the public facilities enumerated in W.S. 35 13 201 or otherwise interfering with the rights of the blind, partially blind, deaf, hearing impaired person or other person with a disability is guilty of a misdemeanor and may be fined not more than seven hundred fifty dollars ($750.00). 35 13 204. Additional provisions on use of service dogs; penalty. (a) Any blind, partially blind, deaf, hearing impaired person or other person with a disability who is a passenger on any common carrier, airplane, motor vehicle, railroad train, motor bus, boat or any other public conveyance operating within the state may have with him a service dog. (b) Any person violating this section is subject to a fine not to exceed seven hundred fifty dollars ($750.00). 35 13 205. Definitions. (a) As used in this article: (i) "Service dog" means a dog which has been or is being specially trained to the requirements of a person with a disability; (ii) "Person with a disability" means an individual who has a mental or physical impairment which substantially limits one (1) or more major life activities; (iii) "Major life activities" means functions associated with the normal activities of independent daily living such as caring for one's self, performing manual tasks, walking, seeing, hearing or speaking. 35 13 206. Injuring or killing a service dog prohibited; penalties. (a) Any person who knowingly, willfully and without lawful cause or justification inflicts, or permits or directs any animal under his control or ownership to inflict, serious bodily harm, permanent disability or death upon any service dog as defined in W.S. 35 13 205(a)(i) is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. (b) A court shall order a defendant convicted of an offense under subsection (a) of this section to make restitution to the owner of the service dog for: (i) Related veterinary or medical bills; (ii) The cost of replacing the service dog or retraining an injured service dog by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide special equipment for or special training to an animal to help a person with a disability; and (iii) Any other expense reasonably incurred as a result of the offense. CHAPTER 14 FAMILY PLANNING AND BIRTH CONTROL 35 14 101. Repealed and Recreated as 42 5 101 and 42 5 102 by Laws 1988, ch. 34, § 2. 35 14 102. Repealed and Recreated as 42 5 101 and 42 5 102 by Laws 1988, ch. 34, § 2. 35 14 103. Repealed and Recreated as 42 5 101 and 42 5 102 by Laws 1988, ch. 34, § 2. 35 14 104. Repealed and Recreated as 42 5 101 and 42 5 102 by Laws 1988, ch. 34, § 2. 35 14 105. Repealed and Recreated as 42 5 101 and 42 5 102 by Laws 1988, ch. 34, § 2. 35 14 106. Repealed and Recreated as 42 5 101 and 42 5 102 by Laws 1988, ch. 34, § 2. CHAPTER 15 ASSEMBLAGE OF PEOPLE 35 15 101. Purpose of chapter. It is the purpose of this act to regulate the assemblage of large numbers of people, in excess of those normally meeting the health, sanitary, fire, police, transportation and utility services regularly provided in the state of Wyoming in order that the health, safety and welfare of all persons in this state, residents and visitors alike, may be protected. 35 15 102. Chapter not applicable to certain political subdivisions. The provisions of this act shall not apply to municipalities or any cities or towns in the state of Wyoming, or other political subdivisions which, at the effective date of this act, have enacted ordinances or adopted rules and regulations regulating the assemblage of large numbers of people, in excess of those normally meeting the health, sanitary, fire, police, transportation and utility services regularly provided in any such municipality, city or town or other political subdivision, in order that the health, safety and welfare of all persons therein, residents and visitors alike, may be protected. 35 15 103. Definitions. (a) As used in this act, the following terms shall have the following meanings, except where the context clearly indicates another meaning is indicated: (i) "Department" means the department of health or its designee; (ii) "Person" means any individual natural human being, partnership, corporation, firm, company, association, society or group; (iii) "Assembly" means a company of persons gathered together at any location at any single time for any purpose. 35 15 104. License required to permit, advertise, organize or sell tickets to assemblage of 5,000 or more people. No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage, or sell or give tickets to any actual or reasonably anticipated assembly of five thousand (5,000) or more people which continues or can reasonably be expected to continue for twenty (20) or more consecutive hours, whether on public or private property, unless a license to hold the assembly has first been issued by the department, application for which must be made at least thirty (30) days in advance of the assembly. A license to hold an assembly issued to one (1) person shall permit any person to engage in any lawful activity in connection with the holding of the licensed assembly. 35 15 105. Separate license required for each day and location of assemblage of 5,000 or more people. A separate license shall be required for each day and each location in which five thousand (5,000) or more people assemble or can reasonably be anticipated to assemble and the fee for each license shall be two hundred and fifty dollars ($250.00). A licensee shall permit the assembly of only the maximum number of people stated in the license. The licensee shall not sell tickets to nor permit to assemble within the boundaries of the licensed premises more than the maximum permissible number of people. The licensee shall not permit the sound of the assembly to carry unreasonably beyond the enclosed boundaries of the location of the assembly. 35 15 106. Exception to license requirements. This act shall not apply to any regularly established, permanent place of worship, stadium, athletic field, arena, auditorium, coliseum or other similar permanently established place of assembly for assemblies which do not exceed by more than two hundred and fifty (250) people the maximum seating capacity of the structure where the assembly is held, nor shall this act apply to government-sponsored fairs or rodeos held on regularly established fairgrounds or rodeo grounds nor to assemblies required to be licensed by other laws, ordinances, and rules and regulations promulgated by the state of Wyoming, any municipality, city and town, or other political subdivision of the state of Wyoming. 35 15 107. Requirements for license. (a) Before any person may be issued a license, the applicant shall first: (i) Determine the maximum number of people which will be assembled or admitted to the location of the assembly, provided that the maximum number shall not exceed the maximum number which can reasonably assemble at the location of the assembly in consideration of the nature of the assembly and provided that, where the assembly is to continue overnight, the maximum number shall not be more than is allowed to sleep within the boundaries of the location of the assembly in keeping with the health, safety and welfare of all persons so assembled; (ii) Provide proof that the applicant will furnish, at his own expense, before the assembly commences: (A) Potable water, meeting all federal and state requirements for purity, sufficient to provide drinking water for the maximum number of people to be assembled at the rate of at least one (1) gallon per person per day and water for bathing at the rate of at least ten (10) gallons per person per day; (B) Separate enclosed toilets for males and females, meeting all state specifications and requirements, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled at the rate of at least one (1) toilet for every two hundred (200) females and at least one (1) toilet for every three hundred (300) males together with an efficient, sanitary means of disposing of waste matter deposited, which is in compliance with all state rules and regulations; a lavatory with running water under pressure and a continuous supply of soap and paper towels shall be provided with each toilet; (C) A sanitary method of disposing of solid waste, in compliance with state laws, rules and regulations, sufficient to dispose of the solid waste production of the maximum number of people to be assembled at the rate of at least two and five tenths (2.5) pounds of solid waste per person per day, together with a plan for holding and a plan for collecting all such waste at least once each day of the assembly and sufficient trash cans with tight fitting lids and personnel to perform the task; (D) Physicians and nurses licensed to practice in the state of Wyoming sufficient to provide the average medical care enjoyed by residents of Wyoming for the maximum number of people to be assembled together with an enclosed, covered structure where treatment may be rendered, containing separately enclosed treatment rooms for each physician, and at least one (1) emergency ambulance available for use at all times; (E) If the assembly is to continue during hours of darkness, illumination sufficient to light the entire area of the assembly at the rate of at least five (5) foot candles, but not to shine unreasonably beyond the boundaries of the enclosed location of the assembly; (F) A parking area inside of the assembly grounds sufficient to provide parking space for the maximum number of people to be assembled at the rate of at least one (1) parking space for every four (4) persons; (G) Telephones connected to outside lines sufficient to provide service for the maximum number of people to be assembled at the rate of at least one (1) separate line and receiver for each one thousand (1,000) persons; (H) If the assembly is to continue overnight, camping facilities in compliance with state rules, regulations and requirements of the department shall be supplied sufficient to provide camping accommodations for the maximum number of people to be assembled; (J) Security guards, either regularly employed or off duty Wyoming peace officers, sufficient to provide adequate security for the maximum number of people to be assembled at the rate of at least one (1) security guard for every seven hundred and fifty (750) people; (K) Fire protection, including alarms, extinguishing devices and fire lanes and escapes, sufficient to meet all state and local standards for the location of the assembly as determined under the rules and regulations of the department, and sufficient emergency personnel to efficiently operate the required equipment; (L) All reasonably necessary precautions to insure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly; (M) A bond, filed with the department, either in cash or underwritten by a surety company licensed to do and transact business in the state of Wyoming at the rate of one dollar ($1.00) per person for the maximum number of people permitted to assemble, which shall indemnify and hold harmless the state of Wyoming or any of its officers, agents, servants and employees from any liability or causes of action which might arise by reason of granting of the license, and from any costs incurred in the enforcement or cleaning up of any waste material produced or damage done by reason of the assembly. 35 15 108. Application for license; how made; contents. (a) Application for a license to hold an actual or anticipated assembly of five thousand (5,000) or more persons shall be made in writing to the department at least thirty (30) days in advance of such assembly. (b) The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant and shall be signed and sworn to or affirmed by the individual making application in the case of an individual, natural human being, by all officers in the case of a corporation, by all partners in the case of a partnership or by all officers of an unincorporated association, society or group or, if there be no officers, by all members of such association, society or group. (c) The application shall contain and disclose: (i) The name, age, residence and mailing address of all persons required to sign the application as above provided and, in the case of a corporation, a certified copy of the articles of incorporation together with the name, age, residence and mailing address of each person holding ten percent (10%) or more of the stock of said corporation; (ii) The address and legal description of all property upon which the assembly is to be held together with the name, residence and mailing address of the record owner(s) of all such property; (iii) Proof of ownership of all property upon which the assembly is to be held or a statement made upon oath or affirmation by the record owner(s) of all such property that the applicant has permission to use such property for an assembly of five thousand (5,000) or more persons; (iv) The nature or purpose of the assembly; (v) The total number of days and/or hours during which the assembly is to last; (vi) The maximum number of persons which the applicant shall permit to assemble at any time, not to exceed the maximum number which can reasonably assemble at the location of the assembly, in consideration of the nature of the assembly, or the maximum number of persons allowed to sleep within the boundaries of the location of the assembly by the zoning ordinances of the municipality if the assembly is to continue overnight; (vii) The maximum number of tickets to be sold, if any; (viii) The plans of the applicant to limit the maximum number of people permitted to assemble; (ix) The plans for supplying potable water including the source, amount available and location of outlets; (x) The plans for providing toilet and lavatory facilities including the source, number and location, type, and the means of disposing of waste deposited; (xi) The plans for holding, collecting and disposing of solid waste material; (xii) The plans to provide for medical facilities including the location and construction of a medical structure, the names and addresses and hours of availability of physicians and nurses, and provisions for emergency ambulance service; (xiii) The plans, if any, to illuminate the location of the assembly including the source and amount of power and the location of lamps; (xiv) The plans for parking vehicles including size and location of lots, points of highway access and parking lots; (xv) The plans for telephone service including the source, number and location of telephones; (xvi) The plans for camping facilities, if any, including facilities available and their location; (xvii) The plans for security including the number of guards, their deployment and their names, addresses, credentials and hours of availability; (xviii) The plans for fire protection including the number, type and location of all protective devices including alarms and extinguishers and the number of emergency fire personnel available to operate the equipment; (xix) The plans for sound control and sound amplification, if any, including number, location and power of amplifiers and speakers; (xx) The plans for food concessions and concessioners who will be allowed to operate on the grounds including the names and addresses of all concessioners and their license or permit numbers. (d) The application shall include the bond required herein, and the license fee. Directory: statutes -> compress statutes -> Maine Revised Statutes Title 10: commerce and trade chapter 206-B: personal sports mobile manufacturers, distributors and dealers statutes -> Maine Revised Statutes Title 36: taxation chapter 111: aircraft, house trailers and motor vehicles §1481. Definitions statutes -> Title 12: conservation chapter 611: salmon commission table of Contents Part marine resources statutes -> §90-B. Address confidentiality program definitions statutes -> §13070. Operating airmobile no permission given compress -> General provisions compress -> Article 1 definitions 31‑1‑101. Definitions Download 2.51 Mb. Share with your friends:
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