A. Proceedings: All proceedings for the enforcement of this chapter shall be governed by rules of practice and procedure in the municipal court. In the absence of such provisions, proceedings under this chapter shall be governed by the statutes and Rules of Criminal Procedure of Wyoming governing practice and procedure before the Circuit Courts of Wyoming, except as otherwise provided in this chapter.
B. Complaint: All actions for violations of this chapter shall be commenced by filing with the municipal court a sworn complaint and affidavit or citation signed by any responsible citizen or citizens of the town or by any member of the police department or sheriff’s department, detailing with particularly the facts showing the existence of a "nuisance" as herein defined.
C. Entry on Docket: Upon the filing of such complaint and affidavit or citation, the municipal judge shall enter the case on his docket in the usual manner as required by law.
D. Summons: Upon the filing of such complaint and affidavit, the municipal judge shall issue summons which shall be dated the date it is issued, signed by the judge, directed to any law enforcement officer of the town and containing the name of the defendant, if known, and commanding the officer serving the same to summon the defendant to appear before the judge at a time specified therein, but in any event not more than thirty (30) days from the date of service, to show cause why the nuisance complained of should not be abated and stating that if defendant fails to appear, judgment as prayed for in the affidavit and complaint will be entered against him, or that a warrant for his arrest may be issued for failing to appear. If personal service cannot be made upon defendant, the judge shall give notice to the defendant by posting a copy of the summons, complaint and affidavit, or citation at some conspicuous place on the property where the nuisance is maintained and by publishing said summons, complaint and affidavit, or citation for two (2) consecutive weeks in a newspaper of general circulation in the county.
E. Hearing: At a hearing the court shall try the issues raised by the affidavit and complaint or citation, and defendant's answer or response thereto, if any, and from the testimony and evidence adduced at such hearing, the judge shall determine whether the conditions complained of exist beyond a reasonable doubt and whether the same constitutes a "nuisance" as defined in this chapter.
F. Order to Abate and Remove: Upon finding that a nuisance exists, the judge may order the same to be abated and removed and shall make an entry of such order on the docket in the proceedings before him.
G. Penalties: Upon finding that a nuisance exists, the judge may order a fine or imprisonment as specified by Wyoming Statute §6-10-103, in addition to abatement as described herein. (Ord. 336, 3-21-2018)