FEBRUARY 24, 2025|
Photo – List of nuisance laws in Rawlins – Courtesy City of Rawlins
Rawlins officials are working to make the city’s nuisance laws easier to understand and enforce.
Last May, the Rawlins city council determined that the city’s nuisance ordinances, specifically those governing derelict and abandoned vehicles, were too difficult to enforce. The governing body requested that City Attorney Pinita Maberry-Nave start rewriting the ordinances to enhance clarity and simplify enforcement.
Before the February 18th regular Rawlins city council meeting, the governing body held a special work session to discuss Attorney Maberry-Nave’s proposed nuisance ordinance changes.
The city attorney started by explaining why the nuisance laws needed to be rewritten, stating that the existing ordinances are too vague and difficult to implement.
To enhance the city’s ability to enforce and track nuisance ordinance violations, Attorney Maberry-Nave proposed issuing criminal citations. The ticket would give violators 10 days to resolve the issue.
The city attorney said the time limit can be changed at the council’s discretion. Additionally, the municipal court may give violators more time to comply if necessary.
If a violator fails to address the nuisance within the timeframe, they will be required to pay the ticket. Originally, all nuisance violations carried a $300 fine. Instead, Attorney Maberry-Nave proposed a tiered system in which fines would increase based on the number of violations within a specific time period.
Failure to pay a nuisance ordinance fine will result in the Rawlins municipal court issuing a bench warrant for the violator. The city attorney reiterated the court will give people more time to correct the problem if needed.
Next, Attorney Maberry-Nave discussed the specific changes she made to the nuisance ordinances. She began by explaining that property owners are no longer the only ones responsible for nuisance violations. In the revised ordinance, tenants and property managers can also be held accountable.
Attorney Maberry-Nave said she changed the city’s nuisance weed ordinances. The amended regulations are now more in line with state statutes governing noxious weeds, which defines the type of plants that must be controlled, such as leafy spurge, Canada thistle, and knapweed.
The primary motivation for changing the nuisance ordinance was to make it easier to remove derelict and abandoned vehicles from the city’s streets.
At last week’s special work session, City Attorney Pinita Maberry-Nave told the council that she separated the city’s regulations covering derelict and abandoned vehicles. The city attorney clarified the definition of a derelict vehicle according to the revised code.
The city attorney specified that residents may have no more than two covered nonoperational vehicles on their property at one time. Any more than two would require special authorization from the city to operate a junkyard, which is not permitted in a residential area.
Attorney Maberry-Nave admitted that an abandoned vehicle may fit the same description as a derelict vehicle. The most important difference is that an abandoned vehicle may still be operational.
The city attorney proposed adhering to state law when dealing with abandoned vehicles.
The amended ordinance specifically refers to Title 31, Chapter 13 of the Wyoming Statutes, which states, “The removal, preservation, custody, storage and sale of abandoned vehicles impounded by a police officer are the responsibility of the county in which the vehicle is impounded.”
The Rawlins Police Department has the authority to determine when a vehicle is considered abandoned. However, the Carbon County Sheriff’s Office is responsible for the vehicle once it has been impounded. If the owner fails to recover their vehicle within 30 days, the sheriff’s department may sell it at a public auction.
Next, Attorney Maberry-Nave discussed rules requiring residents to clear their sidewalks of snow and ice. However, due to the unpredictable nature of the weather, the city attorney removed the requirement from the revised ordinance.
Councilman Steve Sanger pointed out that the Americans with Disabilities Act, or ADA, requires all public rights of way to be accessible by wheelchair. Because the city accepts money from the ADA, it should ensure that its codes comply with ADA requirements.
Attorney Maberry-Nave said she will look into the city’s obligations under the Americans with Disabilities Act, specifically as it relates to the downtown shopping district, and amend the ordinance accordingly.
The city attorney then discussed chapter 16-1 of the city’s nuisance ordinance: dead animals. Maberry-Nave said the existing regulations prohibit residents from keeping animal hides, heads, carcasses, and feet on their property for more than 12 hours after the animal has been dressed. Councilman Terry Patterson said 12 hours is not enough time to dispose of an animal carcass. Processing multiple animals may take upwards of a full day.
Attorney Maberry-Nave said she will incorporate the Wyoming Game and Fish Department’s guidelines on the handling of dead animals into her revised nuisance ordinance.
The city attorney reviewed the remaining nuisance violations, including loud noises, thick smoke, and noxious smells, noting that these provisions remain unchanged from the original statute.
Because of the subjective nature of these violations, the council agreed that a code enforcement officer should be given the authority to determine when a loud noise, thick smoke, or noxious smell constitutes a nuisance violation.
Ideally, a violator would comply with city ordinance and rectify the nuisance themselves. However, some nuisances can be severe enough to require the city to take immediate action. In that case, the city would bill the resident for the cost of remediation as well as a 50% administrative fee.
If the violator fails to reimburse the city, the county is authorized to apply a lien to the property, which must be paid off before the property can be sold or refinanced.
Attorney Pinita Maberry-Nave said she will incorporate the council’s suggestions into her revised ordinance before presenting it for approval.
