§ 35-42-101. Short Title
This article shall be known and may be cited as the “Animal Protection Act”. Source: L. 90: Entire article R&RE, p. 1605, § 1, effective July 1.
§ 35-42-102. Legislative Declaration
The general assembly hereby finds and declares that the protection of companion animals and livestock is a matter of statewide concern; and that it is the policy of this state that persons responsible for the care or custody of such animals be persons fit to adequately provide for the health and well-being of such animals. […]
§ 35-42-103. Definitions
As used in this article, unless the context otherwise requires: “Abandon” means the leaving of an animal without adequate provisions for the animal’s proper care by its owner, the person responsible for the animal’s care or custody, or any other person having possession of such animal. “Accepted animal husbandry” means practices generally recognized as appropriate […]
§ 35-42-104. Scope of Article
Nothing in this article shall affect accepted animal husbandry practices utilized by any person in the care of companion or livestock animals, or in the extermination of undesirable pests as defined in articles 7, 10, and 43 of this title. In case of any conflict between this article or regulations adopted pursuant to this article […]
§ 35-42-105. Bureau of Animal Protection – Creation
There is hereby created the state bureau of animal protection, referred to in this article as the “bureau”. Source: L. 90: Entire article R&RE, p. 1606, § 1, effective July 1. Editor’s note: This section is similar to former § 35-42-101 as it existed prior to 1990. Cross references: For creation of the department of […]
§ 35-42-106. Powers and Duties of the Commissioner
The commissioner has the power to administer and enforce the provisions of this article, appoint agents and establish the qualifications of such agents, promulgate rules and regulations, enter into contracts, and implement training, procedures, and rules and regulations of recommended standards for animal control officers. Source: L. 90: Entire article R&RE, p. 1606, § 1, […]
§ 35-42-107. Bureau Personnel – Appointment
Subject to the provisions of section 13 of article XII of the state constitution, the commissioner shall appoint such animal protection agents as are necessary to carry out the provisions of this article. The commissioner may appoint agents who are employees of the state, Colorado-based nonprofit corporations, municipal corporations, counties, cities, cities and counties, or […]
§ 35-42-108. Care of Confined Animal
Except as authorized by law, no animal shall be confined without an adequate supply of food and water. If any animal is found to be confined without adequate food or water, it shall be lawful for any officer or agent of the bureau, a peace officer within his jurisdiction, or a licensed veterinarian to, from […]
§ 35-42-109. Protection of Animals Mistreated, Neglected, or Abandoned
No animal shall be mistreated or neglected to such degree or abandoned in any circumstance so that the animal’s life or health is endangered. The commissioner may take charge of, provide for, or remove from the area or building where found any companion animal found to be mistreated or neglected to such degree or abandoned […]
§ 35-42-110. Injured Animals May Be Euthanized
Any agent of the bureau or peace officer, as described in section 16-2.5-101, C.R.S., may lawfully euthanize or cause to be euthanized, as defined in section 18-9-201 (2.7), C.R.S., any animal in his or her charge when, in the judgment of such agent or peace officer, and in the opinion of a licensed veterinarian, the […]
§ 35-42-111. Investigations – Access – Administrative Subpoena
The commissioner, upon his own motion or upon the complaint of any person, shall make any investigations necessary to ensure compliance with this article. At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access, upon consent or upon obtaining an administrative search warrant, to all buildings, yards, pens, pastures, […]
§ 35-42-112. Enforcement
The commissioner or his designee shall enforce the provisions of this article. Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule made pursuant to this article has occurred and immediate enforcement is deemed necessary, he may issue a cease-and-desist order, which may require any person […]
§ 35-42-113. Animal Protection Fund – Creation
There is hereby created an animal protection fund. Any donations collected for animal protection, any net proceeds from the sale of an animal pursuant to section 18-9-202.5 (4), C.R.S., and any moneys from restitution ordered for the expenses of the department of agriculture in selling and providing for the care of and provision for an […]
§ 35-42-114. Local Regulation
The provisions of this article shall not be construed to limit or preempt additional regulation by any city, town, or city and county. Nothing in this article shall interfere with the authority of the department of public health and environment in the enforcement of part 7 of article 4 of title 25, C.R.S., or the […]
§ 35-42-115. Dangerous Dog Registry – Created – Cash Fund
The bureau shall establish a statewide dangerous dog registry consisting of a database of information concerning microchip types and placement by veterinarians and licensed shelters in dangerous dogs pursuant to the provisions of section 18-9-204.5 (3)(e.5), C.R.S. The commissioner may promulgate such rules as may be necessary for the implementation of this section. A veterinarian […]