Burn orders-violations and permitted fires.

2018
STATE OF WYOMING
18LSO-0458
Numbered
1.2

HOUSE BILL

NO.
HB0147

Burn orders-violations and permitted fires.

Sponsored by:
Representative(s) Lindholm, Blake and Hunt and Senator(s) Baldwin and Driskill

A BILL

for

AN ACT relating to fire protection; including specified fires as a legitimate use not subject to county fire bans or restrictions; increasing penalties for violating county fire bans or restrictions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S. 35
‑
9
‑
302 and 35
‑
9
‑
304
are
amended to read:

35
‑
9
‑
302
.

Access of residents to home or property; contents of order of proclamation.

Provided however, that
N
othing in W.S. 35
‑
9
‑
301 through 35
‑
9
‑
304 and no order of a board of county commissioners shall prohibit any person residing within the area from full and free access to his home or property, nor prevent any legitimate use thereof by the owner or authorized personnel on ordinary day to day business or lessee of such property.
For purposes of this article, "legitimate use" includes a
fire intentionally set by
the owner, lessee or authorized personnel on land that person
owns or controls unless the fire escapes from th
e
land or
the person
requests suppression by the local fire service.
The order of proclamation closing or limiting the use of said area shall set forth the exact area coming under the order, the date on which the order shall become effective, and if deemed advisable, the authority from which permits for entry into said area may be obtained.

35
‑
9
‑
304
.

Illegal entry or use.

Any entry into or use of any area in violation of this
act shall be
article is
a misdemeanor
and shall be punished
punishable
by a fine of not to exceed
one hundred dollars ($100.00) or
seven hundred fifty dollars ($750.00),

imprisonment
in the county jail
for not to exceed
thirty (30) days
six (6) months,
or both
.
the fine and imprisonment.

Section 2
.

This act is effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0147