r:ILEU
U.S niSm:CT C\)U!lT
DISTRiCT (il-: 'vVY(':~/jINCi
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
ORDER ADDING ADDENDUM TO COLLATERAL FINE SCHEDULE
It appearing to the Court that it is necessary to file and addendum to the collateral fine
schedules presently in effect in the District of Wyoming in order to insure that collateral fines are
more unifonn throughout the District, and being fully advised in the premises, it is hereby
ORDERED that in the event a violator fails to forfeit collateral, the United States
Magistrate Judge shall require the preparation of a written complaint or other document
containing a probable cause statement, and may, within said Judge's discretion, require that the
bond on said petty offenses complaint be set at not more than a sum equal to twice the amount of
the fine. The amount of bond the Magistrate Judge requires shall be plainly stated on the
Complaint; and it is further
ORDERED that the following list comprises the addendum of those statutes that shall be
enforced by the various federal agencies throughout the District. Included herein is the
addendum that includes the applicable collateral forfeiture/appearance bond fee schedule for each
offense listed, attached as Exhibit "A", which shall be unifonnly levied by law enforcement
personnel throughout the District. It should be understood that ifnot governed by this schedule,
the decision whether to (1) take an accused violator into custody; (2) allow him/her to forfeit
collateral; or (3) merely issue a warning shall be within the sound discretion of the law
enforcement personnel. In addition, should a violator appear before a United States Magistrate
Judge, said Magistrate Judge may impose a fine or imprisonment or both, up to the statutory
maximum without regard to this schedule.
(1) Mandatory Appearance Where Bail is Required:
Some ofthe offenses contained herein have been deemed by the United States District Court
to require that an accused violator he detained and brought before an available United States
Magistrate Judge. In the event a Magistrate Judge is not immediately available, and in the interest
of preventing undue detention, an amount of bail has been established, which the accused violator
may tender to the person authorized to accept bail for the Magistrate Judge. This bail is intended
to insure the appearance of the violator at the time and place noted on the violation notice and is Dot
forfeitable. If the violator is unable to make the required bail, he/she shall be placed in proper
custody, and he/she shall remain in such custody until he/she makes bailor is released by the
Magistrate Judge.
Throughout the schedule, these offenses are denoted by the required appearance and a set bail
amount. In each case where so indicated, the above procedure shall be followed.
(2) Mandatory Appearance Where No Bail is Required:
In all cases where a mandatory appearance is required but no bail amount has been set, the
violator may be allowed to go free, but he/she must be advised to appear on the date indicated on the
violation notice, and under DO circumstances may he/she forfeit collateral. In the event the violator
2
fails to appear on the date indicated on the violation notice, the United States Magistrate Judge may,
pursuant to Rule 58(d)(3), issue a summons or warrant for arrest of the violator.
(3) Offenses Where Collateral May Be Forfeited:
In those instances where a collateral amount has been set and no mandatory appearance is
required, the accused may be allowed to plead guilty without an appearance before a United States
Magistrate Judge and forfeit the collateral amount applicable to the offense charged. The law
enforcement officer under any circumstances may require the violator to deposit the collateral in the
United States Mail in the presence of said officer.
IT IS FURTHER ORDERED that in the event an offense occurs to which no reference has
been made in the previously approved Fine Schedule and the attached addedum, the law enforcement
agency involved shall immediately contact the United State's Attorney's Office in Cheyenne,
Wyoming, at (307) 772-2124, or the United States Attorney's Office in Casper, Wyoming, at (307)
261-5434, for advice and consultation; it is further
ORDERED that Local Rule 503 of the United States District for the District of Wyoming
shall be in effect as if fullyJ:lf:...rth herein.
DATEDthis'?f2dayof ~ ,2005.
o
~:l~
CHIEF JUDGE
UNITED STATES DISTRICT COURT
3
-- ADDENDUM TO ..,
FINE SCHED'ULE
NATIONAL PARK SERVICE
Yellowstone National Park/Grand Teton National Park
Devil's TowerlBig Horn Canyon
STATUTE (36 CFR) Current Fine Proposed Fine
Schedule Schedule
Fishing
2.3(a) Use 36 C.F.R. Adopt State Fine
Except in designated areas, fishing shall be § 7.13 Schedule
in accordance with the laws and regulations
of the State.
2.3(d)(I) Use 36 C.F.R. $60.00
§ 7.13
Camping and Food Storage
2.10(b)(3) $50.00
Camping within 25 feet of a water hydrant
or main road or within 100 feet of a flowing
stream, river or body water, except in
designated area.
2.10(d) $50.00 Minor $50.00
Improper Food Storage Major Bear, Wolf,
etc. get to food
$200.00 or M/A
Pets
2.15(a)(l) Front Country
Possessing a pet in a public building, public $50.00
transportation vehicle, or location
designated as a swimming beach. Back Country
$100.00
2.15(a)(5) $50.00
Failing to comply with pet excrement
disposal
Horses and Pack Animals
2.16(a) $50.00
Use of animals other than those designated
as "pack animals" for purposes of
transporting equipment
STATU~36 CFR) Current Fine' Proposed Fine
Schedule Schedule
2.l6(g) $110.00 plus $25.00
Violation of established conditions for each additional
concerning the use of horses or pack animal
animals
Violations of terms/conditions of permits
2.50(e) $250.00
Violation of terms and conditions of a
permit - special event
Permits
3.3 $200.00
Permit required for use ofa vessel within a
park area
3.6(j) $60.00
Operating a vessel propelled by machinery
on waters not directly accessible by road
Water Skiing
3.20(a) $75.00
Towing of persons by vessels is prohibited
except in designated areas
3.20(b)(1) $75.00
Where towing is authorized, towing
between the hours of sunset to sunrise
3.20(b)(2) $75.00
Towing without one person (other than the
operator) observing the progress of person
being towed
3.20(b)(3) $75.00
Towing a person is not wearing a personal
flotation device
3.20(b)(4) $75.00
Towing or being towed in channels or
within 500 feed of areas designated as
harbors, swimming beaches or mooring
areas - or within 100 feet of person fishing
orswlmmmg
Swimming and Bathing
STATUTr(36 CFR) Current Fine. . Proposed Fine
Schedule Schedule
3.21(a)(1) $25.00
Swimming or bathing in locations
designated as closed
3.21(a)(2) $100.00
Swimming or bathing in violation of
designated restrictions
3.21(a)(3) $100.00
Swimming from vessels which are
underway
3.21(b)Use of flotation devices, glass $100.00
containers, kites, or incompatible sporting
activities within locations designated as
swimming beaches
4.2 - State Law Applicable Use state law except as
noted in this fine
schedule
Load, Weight and Size Limits
4.11(a) See State Fine
Vehicle load, weight and size limits Schedule
established by state law apply to vehicle
operated on park road
4.11 (b)(4) $25.00 $50.00
Operating a motor vehicle with an auxiliary
detachable side mirror that extends more
than 10 inches beyond the side fender
4.11(c) See State Fine
Violating a tenn or condition of pennit Schedule
Alcoholic Beverages; Sales of Intoxicants
5.2(a) $500.00 or MIA
Sale of alcohol containing more than 1
percent of alcohol by weight shall confonn
with all applicable federal, state and local
laws
5.2(b) $500.00 or MIA
No liquor shall be sold on any privately
owned lands
Eating, Drinking, or Lodging
Establishments
STATUTT(36 CFR) Current Fine'" Proposed Fine
Schedule Schedule
5.10(a) $500.00 or MIA
No establishment offering food, drink or
lodging for sale on any privately owned
lands may be operated without a permit
5.10(b) $500.00 or MIA
Establishments shall be maintained and
operated in accordance with the rules and
regulations
YNP - Special Regulations
Winter Use
7.13(1) Snowmobile - radar
Speeding (the use of over snow vehicles in $5.00/mile
YNP is not subject to 2.18(d)(4).
Therefore, speeding violations shall be cited Snow coach - radar
via 4.21(c) $5.00/mile
Snowmobile - no
radar
$50.00
Snow coach - no radar
$50.00
7.13(1)(3) $100.00
Operate a snowmobile out of compliance
7. 13(1)(4)(i) $100.00
Historic snowcoaches are not initially
required to meet air or sound requirements
7. 13(1)(4)(ii) MIA
Non-historic coaches must meet NPS air
emissions requirements
7.13(1)(4)(iii) MIA
Beginning winter of 2008-2009 all non-
historic snowcoaches must meet NPS sound
requirements.
7. 13(1)(4)(iv) MIA
All critical emission-related exhaust
components must be functioning properly
STATU~36 CFR) Current Fine"
., Proposed Fine
Schedule Schedule
7. 13(1)(4)(v) MIA
Tampering with or disabling a snowcoach's
original pollution control equipment is
prohibited
7.l3(1)(4)(v) MIA
Refusal to be subjected to inspection to
determine compliance with requirements
7.13(1)(5) MIA
Only commercially available snowmobiles
that meet NPS air and sound emissions
requirements may be operated in the park
7.l3(1)(6)(i) MIA
Beginning with the 2005 model year, all
snowmobiles must be certified under 40
C.F.R. par tl051, to a Family Emission
Limit no greater than 15 g/kW-hr for
hydrocarbons and to a Family Emission
Limit not greater than 120 g/kW-hr for
carbon monoxide
7.13(1)(b)(i)(B) MIA
Snowmobiles manufactured prior to the
2004 model year may be operated only if
they have been shown to have emissions no
greater than the requirements identified in
7.l3(l)(b)(i)
7.13(l)(b)(i)(B)(ii) MIA
For sound emissions, snowmobiles must
operate at or below 73 dB(a), as measured
at full throttle
7.13(1)(7) VN will be issued
Operate snowmobile in designated areas pursuant to 36 C.F.R.
§ 2. 18(c)
7.13(1)(8) MIA
Operate snowcoach in designated areas
7. 13(1)(9)(i) MIA
Non-commercial guides are required to
successfully complete a training program
approved by the Superintendent
STATUTr(36 CFR) Current Fine'" Proposed Fine
Schedule Schedule
7.13(1)(9)(ii) MIA
Snowmobile parties must travel in a group,
including the guide. Maximum and
minimum number designated by
Superintendent
7. 13(l)(9)(iii) MIA
It is prohibited fro non-commercial guides
to receive fees or other fonns of
compensation for non-commercial guiding
servIces
7. 13(1)(9)(iv) MIA
Guided parties must travel together within a
maximum of one-third mile of the first
snowmobile in the group
7. 13(1)(14)(i)(A) $100.00
Idling an over snow vehicle more than 5
minutes at anyone time
7. 13(1)(14)(i)(B) MIA
Operating an over snow vehicle while the
operator's state motor vehicle license or
privilege is suspended or revoked by any
state
7.13(1)(14)(i)(C) $100.00
Allowing or pennitting an unlicenced driver
to operate an over snow vehicle
7.13(1)(14)(i)(D) MIA
Operating an over snow vehicle in willful or
wanton disregard for the safety of persons,
property, or park resources
7. 13(1)(14)(i)(E) $50.00
Operating an over snow vehicle without a
lighted white headlamp and/or red taillight.
7. 13(1)(14)(i)(F) $50.00
Operating an over snow vehicle that does
not have brakes in good working order
7.13(1)(14)(i)(G) $50.00
towing of persons on skis, sleds or other
sliding devices by over snow vehicles,
except in emergency situations
STATUi'P(36 CFR) Current Fine'"
Schedule
.. Proposed Fine
Schedule
7. 13(l)(14)(ii)(A) $50.00
All over snow vehicles that stop on
designated routes must pull over to the far
right. Pullouts must be utilized where
available
7.13(l)(14)(ii)(B) $60.00
Over snow vehicle operators must possess a
valid motor vehicle operator's license. A
leamer's permit does not satisfy this
requirement
7.13(l)(14)(ii)(C) $100.00
Equipment sleds towed by a snowmobile
must be pulled behind the snowmobile and
fastened to the snowmobile with a rigid
hitching mechanism
7. 13(l)(14)(ii)(D) $60.00
Snowmobiles must be properly registered
and display a valid registration from the
Untied States or Canada
7.13(1)( 15)(i) MIA
Operating or being in actual physical
control of an over snow vehicle is
prohibited when the driver is under 21 years
of age and the alcohol concentration in the
driver's blood or breath is 0.02 grams or
more of alcohol per 100 milliliters of blood
7.13(l)(15)(ii) MIA
Operating or being in actual physical
control of an over snow vehicle is
prohibited when the driver is a snowmobile
guide or a snowcoach driver and the alcohol
concentration in the operator's blood or
breath is 0.04 grams or more of alcohol per
100 milliliters of blood
7.13(l)(17)(ii) $100.00
Dog-sledding or ski-jorring is prohibited
7.13(1)(18) MIA
Operation of a snow plane is prohibited
John D. Rockefeller, Jr. Memorial
Parkway
STATU'~36 CFR) Current Fine" Proposed Fine
Schedule Schedule
7.21(a)(3) $100.00
Operation of a snowmobile in the Parkway
shall be done in compliance with use limits
and entry passes, guiding requirements,
operating hours and dates, equipment, and
operating conditions.
7.21(a)(5) MIA
Only commercially available snowmobiles
that meet NPS air and sound emissions
requirements may be operated in the
Parkway
7.21 (a)(6)(i)(A) MIA
Beginning with the 2005 model year, all
snowmobiles must be certified to a Family
Emission Limit no greater than 15 g/kW-hr
for hydrocarbons and to a Family Emission
Limit no greater than 120 g/kW-hr for
carbon monoxide
7.21 (a)(6)(i)(B) MIA
Snowmobiles manufactured prior to the
2004 model year may be operated only if
they have shown to have air emissions no
greater than the requirements found in
7.21(a)(6)(i)
7.21(a)(6)(ii) MIA
Snowmobiles must operate at or below
73dB(a) as measured at full throttle
7.21 (a)(13)(i)(C) $100.00
Allowing or permitting an unlicensed driver
to operate an over snow vehicle is
prohibited
7.21(a)(13)(ii)(B) $60.00
Over snow vehicle operators must possess a
valid motor vehicle operator's license. The
license must be carried by the operator at all
times. A leamer's permit does not satisfy
this requirement
7.21 (a)(13)(ii)(D) $60.00
Snowmobiles must be properly registered
and display a valid registration from the
United States or Canada
-
STATU:i'r'"(36 CFR) Current Fine· Proposed Fine
Schedule Schedule
7.22(a)(17) MIA
The operation of a snowplane in the
Parkway is prohibited
Grand Teton National Park
7.22(b)(1) $60.00
Fishing in a closed area
7.22(b)(2) $60.00
Fishing from bridge or boat docket is
prohibited
7.22(b)(3) $60.00
Use of unlawful bait
7.22(c) MIA
Stock grazing - privileges for grazing
domestic livestock
7.22(d)(1 ) $100.00
No person, party or organization shall be
pennitted to camp for more than 30 days in
a calendar year
7.22(d)(2) $60.00
Except in group campsites and back country
sites, camping is limited to six persons to a
site
7.22(e)(1) $60.00
Motorboats are prohibited except in
designated areas
7.22(e)(2) $60.00
Hand-propelled vessels are prohibited
except in designated areas
7.22(e)(3) $60.00
Sailboats may be used only on Jackson
Lake
7.22(e)(4) $60.00
No person except an authorized
concessioner shall moor or beach a vessel
on the shore of a designated harbor area
7.22(f) See State Fine
The laws and regulations of the State of Schedule Assimilate
Wyoming shall govern elk management State Law
STATUi'l""(36 CFR) Current Fine" Proposed Fine
Schedule Schedule
7.22(g)(3) $100.00
.Must operate a snowmobile in GTNP in
compliance with use limits and entry
passes, operating hours and dates,
equipment, and operating conditions
7.22(g)(5) MIA
Only commercially available snowmobiles
that meet NPS air and sound emissions
requirements may be operated in the park.
7. 22(g)(6)(i) MIA
Beginning with the 2005 model year, all
snowmobiles must be certified to a Family
Emission Limit no greater than 15 g/kW-hr
for hydrocarbons and to a Family Emission
Limit no greater than 120 g/kW-hr for
carbon monoxide
7.22(g)(6)(i)(B) MIA
Snowmobiles manufactured prior to the
2004 model year may be operated only if
they have shown to have air emissions no
greater than the requirements of
7.22(g)(6)(i)
7.22(g)(7)(i) MIA
Operating snowmobile upon designated
over snow routes established with the park
in accordance with 36 C.F.R. § 2.18(c) - the
frozen water surface of Jackson Lake for the
purposes of ice fishing only.
7.22(g)(11)(A) $100.00
It is prohibited to idle an over snow vehicle
more than 5 minutes at anyone time
7.22(g)(II)(B) MIA
It is prohibited to operate an over snow
vehicle while the operator's state motor
vehicle license or privilege is suspended or
revoked by any state
7.22(g)(lI)(C) $100.00
It is prohibited to allow or permit an
unlicenced driver to operate an over snow
vehicle
STATUtr(36 CFR) Current Fine" Proposed Fine
Schedule Schedule
7.22(g)( 11 )(D) MIA
It is prohibited to operate an over snow
vehicle in willful or wanton disregard for
the safety 0 f persons, property, or park
resources or otherwise in a reckless manner
7.22(g)( 11 )(E) $50.00
It is prohibited to operate an over snow
vehicle without a lighted white headlamp
and red taillight
7.22(g)( 11 )(F) $50.00
It is prohibited to operate an over snow
vehicle that does not have brakes in good
working order
7.22(g)(11)(ii)(A) $60.00
All over snow vehicles that stop on
designated routes must pull over to the far
right and next to the snow berm
7.22(g)(11)(ii)(B) $60.00
Over snow vehicle operators must possess a
valid motor vehicle operator's license. The
license must be carried by the operator at all
times. A leamer's pennit does not satisfy
this requirement
7.22(g)(11)(ii)(C) $100.00
Equipment sleds towed by a snowmobile
must be pulled behind the snowmobile and
fastened to the snowmobile with a rigid
hitching mechanism
7.22(g)(11 )(ii)(D) $60.00
Snowmobiles must be properly registered
and display a valid registration from the
United States or Canada
7.22(g)(12)(i) MIA
Operating or being in actual physical
control of an over snow vehicle is
prohibited when the driver is under 21 years
of age and the alcohol concentration in the
driver's blood or breath is 0.02 grams or
more of alcohol per 100 milliliters of blood
or 0.02 grams or more of alcohol per 210
liters of breath
STATUll"'(36 CFR) Current Fine'" Proposed Fine
Schedule Schedule
7.22(g)(12)(ii) MIA
Operating or being in actual physical
control of an over snow vehicle is
prohibited when the driver is a commercial
guide or a snowcoach driver and the alcohol
concentration in the driver's blood or breath
is 0.04 grams or more alcohol per 100
milliliters of blood or 0.04 grams or more of
alcohol per 210 liters of breath
7.22(g)( 14)(iii) $100.00
Dog sledding or ski-jorring is prohibited
7.22(g)(15) MIA
The operation of a snowplane in GTNP is
prohibited
Part 71 - Recreation Fees
71.8(a)
Validation & Display of Entrance Permits $25.00 $50.00
71.8(b)
Non-transferable - Single Visit $100.00 $100.00
Non-transferable - Annual Permit 100.00 MIA
National Park Pass 100.00 MIA
Golden Access, Age, Eagle 100.00 MIA
Grand Teton National Park
Enforcement of 33 and 46 C.F.R.'s
(authorized by 36 C.F.R. § 3.1(a»
General Provisions - 33 C.F.R.
70.05-1 MIA
Interfere with or damage navigation aids
88.05 $60.00
Vessel 12+ Meters shall carry and maintain
for ready reference a copy of the Inland
Navigation Rules
155.330(a) $60.00
No person may operate a non-oceangoing
ship in navigable waters unless it has the
capacity to retain on board all oily mixtures
and is equipped to discharge mixtures to a
reception facility
STATU'1P"(36 CFR) Current Fine" Proposed Fine
Schedule Schedule
155.450(a) $60.00
A ship, except a ship of less than 26 feet,
must have a placard of a least 5 by 8 inches
155.770 $210.00
No person may intentionally drain oil or
hazardous material from any source into the
bilge of a vessel
159.7(b) $210.00
No device to prevent sewage discharge
from a vessel built after 01130175
159.7(c) $210.00
No device to prevent sewage discharge
from vessel built before 01130175
173.15(a)(l) $60.00
No numbered certificate from principal
state
173.15(a)(2) $60.00
Numbers not properly displayed
173.19 $60.00
Other numbers displayed
173.21(a)(l) $60.00
No valid certificate of number on board
173.21(a)(2) $60.00
No rental agreement on board
173.23 $60.00
Failure to present certificate of number,
lease or rental agreement
173.25 $60.00
Certificate of number, lease or rental
agreement not able to be handed to
inspector
175.15(a) $60.00
No type I, II or III PFD for each person on
board
175.15(b) $60.00
A boat greater than 16 foot must also have
PFD (Type IV) in addition to the PFD's
required in 175.15(a)
STATU~36 CFR) Current Fine'lllll ~ Proposed Fine
Schedule Schedule
l75.l5(c)(l) $60.00
Child less than 13 years must wear PFO
175.15(c)(2) $60.00
Child less than 13 must be below decks or
in enclosed cabin if not wearing Type I, II
or III PFD
175.l9(a) $60.00
No person may use a recreational boat
unless Type I, II, or III PFD is readily
accessible
175.19(b) $60.00
No person may use a recreational boat
unless each Type IV PFO is immediately
available
175.2l(a) $60.00
PFO not in serviceable condition
175.2l(b) $60.00
PFD not sized correctly for user
l75.21(c) $60.00
PFO not correctly/legibly marked
175.201 $60.00
Ventilation: none/not operable
W.S. § 41-13-213 Ch - 22 § 5(a) $60.00
Improper or no lighting/no or inefficient
sound signal device - Assimilate WY
Boating Regulation via 36 C.F.R. 3.1 (a)
General Provisions - 46 C.F.R.
25.30-20 $60.00
No fire extinguisher on motorboat when
required
25.35-1(a) $60.00
No flame arrestor
25.35-1(c) $60.00
Flame arrestor - improper
STATUi!"'(36 CFR) Current Fine'lllll
.,. Proposed Fine
Schedule Schedule
Speeding (36 C.F.R. § 4.21(c» $5.00 per mile over
posted speed limit; 25
miles per hour over
posted limit - Bond
Amount or Mandatory
Appearance
Construction Zones
$ t 0.00 per mile over
posted speed limit; 25
miles per hour over
posted limit - Bond
Amount or Mandatory
Appearance