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Colorado

West's Colorado Revised Statutes Annotated. Title 13. Courts and Court Procedure. Damages. Article 21. Damages. Title 25. Health. Disease Control. Article 4. Disease Control. Title 30. Government—County. County Powers and Functions. General. Article 15. Regulation Under Police Power. Part 1. Control and Licensing of Pet Animals. Title 33. Wildlife and Parks and Outdoor Recreation. Wildlife. Article 3. Damage by Wildlife. Part 1. General Provisions. Title 33. Wildlife and Parks and Outdoor Recreation. Wildlife. Article 4. Licenses, Certificates, and Fees. Title 35. Agriculture. Livestock. Article 42.5. Animal Shelters and Pounds. Title 35. Agriculture. Livestock. Article 43. Branding and Herding.

Statute Details
Printable Version
Citation: CO ST § 35-43-126; § 13-21-124; § 25-4-601 to 615; § 30-15-101 to 105; § 33-3-106; § 33-4-101.3; § 33-6-128; § 35-42.5-101

Citation: C. R. S. A. § 35-43-126; § 13-21-124; § 25-4-601 to 615; § 30-15-101 to 105; § 33-3-106; § 33-4-101.3; § 33-6-128; § 35-42.5-101


Last Checked by Web Center Staff: 11/2013

Summary:   These Colorado statutes represent the state's dog laws. There are provisions regarding civil actions against dog owners for dog bites, rabies control, animal control and licensing, and pertinent wildlife regulations, such as a general ban on harassing wildlife and destroying dens or nests. However, there is an exception making it permissible to take wildlife when it is causing excessive damage to property.


Statute in Full:

Title 13. Courts and Court Procedure.  Damages.  Article 21. Damages.  Part 1. General Provisions.

§ 13-21-124. Civil actions against dog owners

Dangerous Dog Laws

Title 25. Health.  Disease Control.  Article 4. Disease Control.  Part 6. Rabies Control.

§ 25-4-601. Definitions

§ 25-4-602. Notice to health department or officer if animal affected or suspected of being affected by rabies

§ 25-4-603. Report of person bitten by animal to health department or health officer

§ 25-4-604. Animal attacking or biting person to be confined--examination

§ 25-4-605. Animals bitten by animals known or suspected of having rabies to be confined

§ 25-4-606. Animals to be confined to prevent spread of rabies

§ 25-4-607. Order of board of health requiring inoculation of animals--veterinarian waiver of order

§ 25-4-608. Notice of order requiring inoculation of animals

§ 25-4-609. Effect of order requiring inoculation of animals

§ 25-4-610. Uninoculated animals not to run at large--impounding and disposition of animals

§ 25-4-611. Report to state department

§ 25-4-612. Enforcement of part 6

§ 25-4-613. Liability for accident or subsequent disease from inoculation

§ 25-4-614. Penalties

§ 25-4-615. Further municipal restrictions not prohibited

Title 30. Government—County.  County Powers and Functions.  General.  Article 15. Regulation Under Police Power.  Part 1. Control and Licensing of Pet Animals.

§ 30-15-101. Pet animal control and licensing

§ 30-15-102. Violations--penalties

§ 30-15-103. Disposition of fines and forfeitures

§ 30-15-104. Liability for accident or subsequent disease from impoundment

§ 30-15-105. Animal control officers--peace officer designation

Title 33. Wildlife and Parks and Outdoor Recreation.  Wildlife.  Article 3. Damage by Wildlife.  Part 1. General Provisions.

§ 33-3-106. Excessive damage--permit to take wildlife--harassment by dogs

Title 33. Wildlife and Parks and Outdoor Recreation.  Wildlife.  Article 4. Licenses, Certificates, and Fees.

§ 33-4-101.3. Black bears--declaration of intent--spring season hunting prohibited--prohibited means of taking--penalty

Title 33. Wildlife and Parks and Outdoor Recreation.  Wildlife.  Article 6. Law Enforcement and Penalties.  Part 1. General Provisions.

§ 33-6-128. Damage or destruction of dens or nests--harassment of wildlife

Title 35. Agriculture.  Livestock.  Article 42.5. Animal Shelters and Pounds.

§ 35-42.5-101. Duties and restrictions relating to shelters and pounds-- legislative declaration

Title 35. Agriculture.  Livestock.  Article 43. Branding and Herding.

§ 35-43-126. Dog worrying stock

 

Title 13. Courts and Court Procedure.  Damages.  Article 21. Damages. 

Part 1. General Provisions.

§ 13-21-124. Civil actions against dog owners

(1) As used in this section, unless the context otherwise requires:

(a) "Bodily injury" means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.

(b) "Dog" means any domesticated animal related to the fox, wolf, coyote, or jackal.

(c) "Dog owner" means a person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of, a dog.

(d) "Serious bodily injury" has the same meaning as set forth in section 18- 1-901(3)(p), C.R.S.

(2) A person or a personal representative of a person who suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property shall be entitled to bring a civil action to recover economic damages against the dog owner regardless of the viciousness or dangerous propensities of the dog or the dog owner's knowledge or lack of knowledge of the dog's viciousness or dangerous propensities.

(3) In any case described in subsection (2) of this section in which it is alleged and proved that the dog owner had knowledge or notice of the dog's viciousness or dangerous propensities, the court, upon a motion made by the victim or the personal representative of the victim, may enter an order that the dog be euthanized by a licensed veterinarian or licensed shelter at the expense of the dog owner.

(4) For purposes of this section, a person shall be deemed to be lawfully on public or private property if he or she is in the performance of a duty imposed upon him or her by local, state, or federal laws or regulations or if he or she is on property upon express or implied invitation of the owner of the property or is on his or her own property.

(5) A dog owner shall not be liable to a person who suffers bodily injury, serious bodily injury, or death from being bitten by the dog:

(a) While the person is unlawfully on public or private property;

(b) While the person is on property of the dog owner and the property is clearly and conspicuously marked with one or more posted signs stating "no trespassing" or "beware of dog";

(c) While the dog is being used by a peace officer or military personnel in the performance of peace officer or military personnel duties;

(d) As a result of the person knowingly provoking the dog;

(e) If the person is a veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge acting in the performance of his or her respective duties; or

(f) While the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog's owner.

(6) Nothing in this section shall be construed to:

(a) Affect any other cause of action predicated on other negligence, intentional tort, outrageous conduct, or other theories;

(b) Affect the provisions of any other criminal or civil statute governing the regulation of dogs; or

(c) Abrogate any provision of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.

Added by Laws 2004, Ch. 168, § 1, eff. April 21, 2004.

 

Title 25. Health.  Disease Control.  Article 4. Disease Control.

Part 6. Rabies Control.

§ 25-4-601. Definitions

As used in this part 6, unless the context otherwise requires:



(1) “County board of health” means the body acting as the county or district board of health under the provisions of section 25-1-508.

(2) “Health department” means the department of public health and environment or any county or district public health agency organized and maintained under the provisions of part 5 of article 1 of this title.

(3) “Health officer” means the person appointed as the public health director of a district, county, city, or town under the provisions of section 25-1-509.

(4) “Inoculation against rabies” means the administration of the antirabies vaccine as approved by the department of public health and environment or the county or district department of health.

(5) “Owner” means any person who has a right of property in a dog, cat, other pet animal, or other mammal, or who keeps or harbors a dog, cat, other pet animal, or other mammal, or who has it in his care or acts as its custodian.

CREDIT(S)

Amended by Laws 1991, S.B.91-142, § 7, eff. May 6, 1991; Laws 1994, H.B.94-1029, § 439, eff. July 1, 1994; Laws 2008, Ch. 406, § 7, eff. July 1, 2008.

 

§ 25-4-602. Notice to health department or officer if animal affected or suspected of being affected by rabies

Whenever a dog, cat, other pet animal, or other mammal is affected by rabies or suspected of being affected by rabies or has been bitten by an animal known or suspected to be affected by rabies, the owner of the dog, cat, other pet animal, or other mammal, or any person having knowledge thereof, shall forthwith notify the health department or health officer in the county, city, or town in which such animal is located, stating precisely where such animal may be found.

CREDIT(S)

Amended by Laws 1991, S.B.91-142, § 8, eff. May 6, 1991.

 

§ 25-4-603. Report of person bitten by animal to health department or health officer

Every physician after his first professional attendance upon a person bitten by a dog, cat, other pet animal, or other mammal, or any person having knowledge thereof, shall report to the health department or health officer in accordance with the provisions of section 25-1-122(1).

CREDIT(S)

Amended by Laws 1991, S.B.91-142, § 8, eff. May 6, 1991.

 

§ 25-4-604. Animal attacking or biting person to be confined--examination

The health department or health officer shall serve notice upon the owner of a dog, cat, other pet animal, or other mammal which has attacked or bitten a person to confine the animal at the expense of the owner upon his premises or at a pound or other place designated in the notice for a period designated by the department of public health and environment. The health department, health officer, or his representative shall be permitted by the owner of such dog, cat, other pet animal, or other mammal to examine the animal at any time within the period of confinement to determine whether such animal shows symptoms of rabies. No person shall obstruct or interfere with the authorized person in making such examination.

CREDIT(S)

Amended by Laws 1991, S.B.91-142, § 10, eff. May 6, 1991; Laws 1994, H.B.94-1029, § 440, eff. July 1, 1994.

 

§ 25-4-605. Animals bitten by animals known or suspected of having rabies to be confined

The health department or health officer shall serve notice in writing upon the owner of a dog, cat, other pet animal, or other mammal known to have been bitten by an animal known or suspected of having rabies requiring the owner to immediately treat and confine such animal by procedures outlined by the department of public health and environment.

CREDIT(S)

Amended by Laws 1991, S.B.91-142, § 11, eff. May 6, 1991; Laws 1994, H.B.94-1029, § 441, eff. July 1, 1994.

 

§ 25-4-606. Animals to be confined to prevent spread of rabies

Whenever the board of health of a health department or the county board of health has reason to believe or has been notified by the department of public health and environment that there is imminent danger that rabies may spread within that county or district, such board shall serve public notice by publication in a newspaper of general circulation in such county or district covered by such department requiring the owners of dogs, cats, other pet animals, or other mammals specified to confine such dogs, cats, pet animals, or mammals for such period as may be necessary to prevent the spread of rabies in such county or district.

CREDIT(S)

Amended by Laws 1991, S.B.91-142, § 12, eff. May 6, 1991; Laws 1994, H.B.94-1029, § 442, eff. July 1, 1994.

 

§ 25-4-607. Order of board of health requiring inoculation of animals

(1)(a) When it is deemed advisable in the interest of public health and safety, the board of health of an organized health department or a county board of health may order that all dogs, cats, other pet animals, or other mammals in the county or district be vaccinated against rabies, such vaccination to be performed by a licensed veterinarian.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), a board of health of an organized health department or a county board of health shall not order the inoculation of dogs, cats, or ferrets against rabies any more frequently than is recommended in the “Compendium of Animal Rabies Control” as promulgated by the national association of state public health veterinarians.

(2) A veterinarian, with the written consent of an animal's owner, may issue a written waiver pursuant to the rules of the health department, exempting an animal from a rabies vaccination order if the veterinarian, in his or her professional opinion, determines that the rabies inoculation is contraindicated due to the animal's medical condition.

(3)(a) The executive director of the health department shall enact rules allowing for the exemption of an animal from a rabies vaccination due to the medical condition of the animal.

(b) The owner of an animal seeking an exemption from a rabies vaccination for his or her animal must provide the veterinarian with written consent for the exemption.

(c) A veterinarian supplying a waiver exempting an animal from a rabies vaccination, county, district, and municipal health departments, their assistants and employees, the health department, health officers, and anyone enforcing this part 6 shall not be liable for any subsequent accident, disease, injury, or quarantine that may occur as a result of an animal exempted from a rabies vaccination pursuant to the rules of the health department.

(4) A waiver executed pursuant to this section shall be accepted and recognized by any local or regional authority issuing licenses for the ownership of animals.

CREDIT(S)

Amended by Laws 1991, S.B.91-142, § 13, eff. May 6, 1991; Laws 1999, Ch. 94, § 2, eff. July 1, 1999; Laws 2008, Ch. 345, § 1, eff. May 29, 2008; Laws 2010, Ch. 419, § 93, eff. Aug. 11, 2010.

 

§ 25-4-608. Notice of order requiring inoculation of animals

The order of a board of health of a health department or a county board of health requiring inoculation of all dogs, cats, other pet animals, or other mammals shall not become effective until twenty-four hours after notice of adoption of the order requiring inoculation of all dogs, cats, other pet animals, or other mammals has been published in a newspaper of general circulation in the county or district.

CREDIT(S)

Amended by Laws 1991, S.B.91-142, § 14, eff. May 6, 1991.

 

§ 25-4-609. Effect of order requiring inoculation of animals

Sections 25-4-610 and 25-4-611 shall be in force and effect only in those counties, districts, or portions of counties or districts where an order requiring inoculation of all dogs, cats, other pet animals, or other mammals is in effect.

CREDIT(S)

Amended by Laws 1991, S.B.91-142, § 15, eff. May 6, 1991.

 

§ 25-4-610. Uninoculated animals not to run at large--impounding and disposition of animals

It is unlawful for any owner of any dog, cat, other pet animal, or other mammal which has not been inoculated as required by the order of the county board of health or board of health of a health department to allow it to run at large. The health department or health officer may capture and impound any such dog, cat, other pet animal, or other mammal found running at large and dispose of such animal in accordance with local program policy. Such power to impound and dispose shall extend to any and all animals unclaimed and found or suspected to be affected by rabies, whether wild or domestic. The division of wildlife shall cooperate with and aid the health department or health officer in the enforcement of this section as it affects animals found or suspected to be affected by rabies when such animals are in its care, jurisdiction, or control.

CREDIT(S)

Amended by Laws 1991, S.B.91-142, § 16, eff. May 6, 1991.

 

§ 25-4-611. Report to state department

Each health department or health officer shall furnish information to the department of public health and environment concerning all cases of rabies and the prevalence of rabies within the county at any time such information is requested by the department of public health and environment.

CREDIT(S)

Amended by Laws 1994, H.B.94-1029, § 443, eff. July 1, 1994.

 

§ 25-4-612. Enforcement of part 6

The health officer or health department shall enforce the provisions of this part 6, and the sheriff and his deputies and the police officers in each incorporated municipality and the division of wildlife shall be aides and are instructed to cooperate with the health department or health officer in carrying out the provisions of this part 6.

HISTORICAL AND STATUTORY NOTES

2001 Main Volume

Derivation:

C.R.S.1953, § 66-25-12.
Laws 1963, H.B.250, § 1.
C.R.S.1963, § 66-23-12.
 

§ 25-4-613. Liability for accident or subsequent disease from inoculation

The health departments, their assistants and employees, the department of public health and environment, health officers, or anyone enforcing the provisions of this part 6 shall not be held responsible for any accident or subsequent disease that may occur in connection with the administration of this part 6.

CREDIT(S)

Amended by Laws 1994, H.B.94-1029, § 444, eff. July 1, 1994.

 

§ 25-4-614. Penalties

Any person who refuses to comply with or who violates any of the provisions of this part 6 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars or by imprisonment in the county jail for not more than thirty days for each offense.

HISTORICAL AND STATUTORY NOTES

2001 Main Volume

Derivation:

C.R.S.1953, § 66-25-14.
Laws 1963, H.B.250, § 1.
C.R.S.1963, § 66-23-14.
 

§ 25-4-615. Further municipal restrictions not prohibited

(1) Nothing in this part 6 shall be construed to limit the power of any municipality within this state to prohibit dogs from running at large, whether or not they have been inoculated as provided in this part 6; and nothing in this part 6 shall be construed to limit the power of any municipality to regulate and control and to enforce other and additional measures for the restriction and control of rabies.

(2) Notwithstanding subsection (1) of this section, a municipality shall not require a dog, cat, or ferret to be inoculated against rabies any more frequently than is recommended in the “Compendium of Animal Rabies Control” as promulgated by the national association of state public health veterinarians, and a veterinarian may issue a written waiver exempting an animal from a rabies vaccination order as provided in section 25-4-607.

CREDIT(S)

Amended by Laws 1999, Ch. 94, § 3, eff. July 1, 1999; Laws 2008, Ch. 345, § 2, eff. May 29, 2008.

 

Title 30. Government—County.  County Powers and Functions.  General.  Article 15. Regulation Under Police Power.  Part 1. Control and Licensing of Pet Animals.

§ 30-15-101. Pet animal control and licensing

(1)(a) The board of county commissioners of any county may adopt a resolution for the control and licensing of dogs and other pet animals as provided in this part 1. Such resolution may:

(I) Require licensing of dogs and other pet animals by owners and impose reasonable conditions and fees on the same. No registration permit or license shall be issued by any board of county commissioners unless and until the owner of a dog shall exhibit to such board or designated official a valid rabies vaccination certificate indicating the dog has been vaccinated against rabies by a licensed veterinarian. The county dog control resolution may exempt dogs below a specified age from licensing and registration or vaccination requirements, or both; except that the recommendations of the department of public health and environment shall be followed concerning the minimum age for such vaccination.

(II) Require that dogs and other pet animals be under control at all times and define "control", which may vary from time to time, place to place, and animal to animal;

(III) Define "vicious dog" and "vicious animal";

(IV) Establish a dog pound, or other animal holding facility, and engage personnel to operate it and otherwise to enforce the county dog control resolution or any other resolution concerning the control of pet animals;

(V) Provide for the impoundment of animals which are vicious, not under control, or otherwise not in conformity with the resolutions;

(VI) Establish terms and conditions for the release or other disposition of impounded animals;

(VII) Establish such other reasonable regulations and restrictions for the control of dogs and other pet animals as the board of county commissioners may deem necessary.

(b) The control provisions of such resolution, as provided in subparagraph (II) of paragraph (a) of this subsection (1), shall not apply to dogs while actually working livestock, locating or retrieving wild game in season for a licensed hunter, or assisting law enforcement officers or while actually being trained for any of these pursuits.

(2) In order to implement the provisions of this section, any county or municipality may enter into an intergovernmental agreement pursuant to the provisions of part 2 of article 1 of title 29, C.R.S., to provide for the control, licensing, impounding, or disposition of dogs or other pet animals or to provide for the accomplishment of any other aspect of a county or municipal dog control or pet animal control licensing resolution or ordinance.

(3) For purposes of this part 1, "pet animal" means and includes any animal owned or kept by a person for companionship or protection or for sale to others for such purposes. Except as otherwise provided in this subsection (3), "pet animal" does not include wildlife, livestock used for any purpose or which is estray as defined in section 35-44-101, C.R.S., or animals which are owned or bought and sold through the efforts of those that are licensed, inspected, or both, by the United States Department of Agriculture, the Colorado department of agriculture, or both; however, nothing in this subsection (3) shall be construed to exempt such animals from county control regulations.

CREDIT(S)

Repealed and reenacted by Laws 1977, H.B.1716, § 1, eff. July 7, 1977. Amended by Laws 1994, H.B.94-1029, § 556, eff. July 1, 1994; Laws 1994, H.B. 94- 1137, § 10, eff. May 22, 1994; Laws 2005, Ch. 217, § 55, eff. June 1, 2005.

 

§ 30-15-102. Violations--penalties

(1) Any violation of any provision of a county resolution adopted pursuant to this part 1 not involving bodily injury to any person shall be a class 2 petty offense, and, notwithstanding the provisions of section 18-1.3-503, C.R.S., punishable, upon conviction, by a fine of not more than one thousand dollars pursuant to section 30-15-402(1), or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment for each separate offense. If authorized by the county resolution, the penalty assessment procedure provided in section 16-2-201, C.R.S., may be followed by an animal control officer or any arresting law enforcement officer for any such violation. As part of said county resolution authorizing the penalty assessment procedure, the board of county commissioners may adopt a graduated fine schedule for violations of said resolution not involving bodily injury to any person. Such graduated fine schedule may provide for increased penalty assessments for repeat offenses by the same individual.

(2) Any offense involving bodily injury to any person by a dog or other pet animal shall be a class 2 misdemeanor, and any violator shall be punished as provided in section 18-1.3-501, C.R.S., for each separate offense.

(3) Whenever a county animal control officer has probable cause to believe that a violation of subsection (1) or (2) of this section, of the county's dog control and licensing resolution, or of the county's resolution concerning the control of pet animals has been committed, the officer may issue a citation or summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator.

CREDIT(S)

Repealed and reenacted by Laws 1977, H.B.1716, § 1, eff. July 7, 1977. Amended by Laws 1981, S.B.418, § 33, eff. July 7, 1981; Laws 1987, H.B.1044, § 11, eff. July 1, 1987; Laws 1991, H.B.91-1162, § 2, eff. July 1, 1991; Laws 1994, H.B.94-1137, § 11, eff. May 22, 1994; Laws 2002, Ch. 318, § 288, eff. Oct. 1, 2002; Laws 2003, Ch. 330, § 8, eff. July 1, 2003.

 

§ 30-15-103. Disposition of fines and forfeitures

All fines and forfeitures for the violation of county resolutions adopted pursuant to this part 1 and all moneys collected by the county for licenses or otherwise shall be paid into the treasury of the county at such times and in such manner as may be prescribed by resolution; or, if there is no resolution providing for the payment, it shall be paid to the county treasurer at once.

CREDIT(S)

Repealed and reenacted by Laws 1977, H.B.1716, § 1, eff. July 7, 1977.

 

§ 30-15-104. Liability for accident or subsequent disease from impoundment

The board of county commissioners, city council, board of trustees, or other governing body of a municipality, any of their assistants or employees, or any other person authorized to enforce the provisions of any dog control resolution or ordinance or any resolution concerning the control of pet animals shall not be held responsible for any accident or subsequent disease that may occur to the animal in connection with the administration of the resolution or ordinance.

CREDIT(S)

Repealed and reenacted by Laws 1977, H.B.1716, § 1, eff. July 7, 1977. Amended by Laws 1994, H.B.94-1137, § 12, eff. May 22, 1994.

 

§ 30-15-105. Animal control officers--peace officer designation

Personnel engaged in animal control, however titled or administratively assigned, may issue citations or summonses and complaints enforcing the county dog control resolution or any other county resolution concerning the control of pet animals or municipal ordinance without regard to the certification requirements of part 3 of article 31 of title 24, C.R.S. Personnel so engaged shall be included within the definition of "peace officer or firefighter engaged in the performance of his or her duties" in section 18- 3-201(2), C.R.S. Nothing in this part 1 is intended to vest authority in any person so engaged to enforce any resolution, ordinance, or statute other than the county dog control resolution or any other county resolution concerning the control of pet animals or municipal ordinance.

CREDIT(S)

Repealed and reenacted by Laws 1977, H.B.1716, § 1, eff. July 7, 1977. Amended by Laws 1983, S.B.275, § 9, eff. June 3, 1983; Laws 1992, H.B.92-1192, § 8, eff. March 6, 1992; Laws 1994, H.B.94-1137, § 13, eff. May 22, 1994; Laws 1997, H.B.97-1220, § 56, eff. Aug. 6, 1997.

 

Title 33. Wildlife and Parks and Outdoor Recreation.  Wildlife.  Article 3. Damage by Wildlife.  Part 1. General Provisions.

§ 33-3-106. Excessive damage to property--permit to take wildlife--when--harassment by dogs

(1)(a) Where wildlife is causing excessive damage to property, as determined by the division after consultation with the property owner, the division is authorized to issue a permit to the property owner, the property owner's designee, or to such other person selected by the division to kill a specified number of the species of wildlife causing such excessive damage. Upon request by the property owner, whenever the wildlife causing the excessive damage exceeds the wildlife objective set by the division for that species for that geographical area for the current year, the division is encouraged to issue a permit under this section. Any determination by the division that the damage being caused is not excessive may, upon application by the property owner, be reviewed by the commission.
 
(b) No permit to take wildlife pursuant to this subsection (1) shall be issued or used in violation of any local restriction on firearm use.
 
(2) Any wildlife killed, as permitted under subsection (1) of this section, shall remain the property of the state and shall be field dressed promptly, and such killing shall be reported to the division within forty-eight hours; except that the killing of a bear or mountain lion shall be reported within five days.
 
(3) Nothing in this section shall make it unlawful to trap, kill, or otherwise dispose of bears, mountain lions, or dogs without a permit in situations when it is necessary to prevent them from inflicting death, damage, or injury to livestock, real property, a motor vehicle, or human life and additionally, in the case of dogs, when it is necessary to prevent them from inflicting death or injury to big game and to small game, birds, and mammals. Any wildlife killed as permitted under this subsection (3) shall remain the property of the state, and such killing shall be reported to the division within five days. The division may bring a civil action against the owner of any dog inflicting death or injury to any big game and to small game, birds, and mammals for the value of each game animal injured or killed. The minimum value of each animal shall be as set forth in section 33-6-110.
 
(4) Deleted by Laws 2003, Ch. 305, § 2, eff. May 22, 2003.
 
CREDIT(S)

Amended by Laws 1975, S.B.322, § 6, eff. June 14, 1975; Laws 1985, H.B.1380, § 32, eff. June 29, 1984; Laws 2003, Ch. 305, § 2, eff. May 22, 2003; Laws 2009, Ch. 323, § 4, eff. June 1, 2009.

Title 33. Wildlife and Parks and Outdoor Recreation.  Wildlife.  Article 4. Licenses, Certificates, and Fees.

§ 33-4-101.3. Black bears--declaration of intent--spring season hunting prohibited--prohibited means of taking--penalty

(1) It is the intent of the voters of Colorado in adopting this measure to prohibit the taking of black bears when female black bears are rearing their cubs. It is the further intent of the voters of Colorado to promote the concept of fair chase in the taking of black bears by eliminating the use of bait and dogs. In considering proposed changes to the restrictions on the taking of black bears which are established in this measure, the Colorado general assembly shall take notice of the fact that this measure was adopted by a vote of the people at the 1992 general election.

(2) During the period from March 1 through September 1 of any calendar year, it is unlawful for any person to take a black bear by any means including but not limited to firearm or bow and arrow.

(3) It is unlawful for any person to take a black bear with the use of bait, or with the use of one or more dogs, at any time during any calendar year. In the event that a dog or dogs accidentally chases a black bear while the owner or person in control of such dog or dogs is in legal pursuit of other game, such owner or person in control of the dog or dogs shall not be charged with the illegal taking of a black bear so long as the dog or dogs are called off as soon as the mistake is realized and the black bear is not injured or killed.

(4) The provisions of this section shall not apply to employees or agents of the division of wildlife or to field agents of the United States department of agriculture when such employees or agents are acting in their official capacity, nor shall this section apply to any person who lawfully takes a black bear in defense of livestock, real property, a motor vehicle, or human life pursuant to section 33-3-106.

(5) For purposes of this section, "bait" means to place, expose, deposit, distribute, or scatter salt, minerals, grain, animal parts, or other food, so as to constitute a lure, attraction, or enticement for black bears on or over any area where hunters are attempting to take black bears.

(6) Any person who violates any provision of this section is guilty of a class 1 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501, C.R.S. In addition, persons convicted pursuant to this section shall have their wildlife license privileges suspended for five years and persons convicted of a second or subsequent offense pursuant to this section shall have their wildlife license privileges suspended permanently.

(7) For the purposes of this section, "agent" means any qualified individual trained in wildlife procedures and operating under the direction of the division of wildlife.

CREDIT(S)

Added by Laws 1993, Initiated 1992, eff. Jan. 14, 1993. Amended by Laws 2002, Ch. 203, § 1, eff. May 29, 2002; Laws 2002, Ch. 318, § 293, eff. Oct. 1, 2002; Laws 2003, Ch. 305, § 3, eff. May 22, 2003.

Title 33. Wildlife and Parks and Outdoor Recreation.  Wildlife.  Article 6. Law Enforcement and Penalties.  Part 1. General Provisions.

§ 33-6-128. Damage or destruction of dens or nests--harassment of wildlife

(1) Unless permitted by the division, it is unlawful for any person to willfully damage or destroy any wildlife den or nest or their eggs or to harass any wildlife. Any person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points. For the purposes of this subsection (1), nothing shall prohibit the removal of wildlife dens or nests when necessary to prevent damage to property or livestock or while trapping.

(2) Unless otherwise allowed by commission rule or regulation, it is unlawful for any person to knowingly or negligently allow or direct a dog which he owns or which is under his control to harass wildlife, whether or not the wildlife is actually injured by such dog. Any person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars.

(3) A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife. The provisions of this subsection (3) shall not apply to dogs that are under the direct personal control of a person.

Repealed and reenacted by Laws 1984, S.B.78, § 1. Amended by Laws 2003, Ch. 242, § 70, eff. Aug. 6, 2003.

 

Title 35. Agriculture.  Livestock.  Article 42.5. Animal Shelters and Pounds.

§ 35-42.5-101. Duties and restrictions relating to shelters and pounds-- legislative declaration

(1)(a)(I) As used in this section, unless the context otherwise requires, an animal "shelter or pound" means a nonprofit private or publicly owned facility where stray, abandoned, lost, or unwanted pet animals are held and which facility contains four or more pet animals at any given time. "Pound or shelter" does not mean a breeding facility maintained for the express and sole purpose of supplying pet animals to entities for research. Before selling, giving, lending, or in any other manner providing a dog or cat to any private or public facility for use in medical or any other kind of experimentation, a pound or shelter shall care for such dog or cat for a minimum of two weeks, during which time such dog or cat shall be made available for adoption while the pound or shelter makes a reasonable effort to establish the identity of the owner of such dog or cat and, if such owner is identified, gives such owner notice regarding the taking and impounding of such animal and an opportunity to reclaim such animal. Such reasonable effort shall include contacting the owner if the dog or cat is wearing an identification tag.

(II) Pounds and shelters shall not participate in the practice known as "red tagging", which, for the purposes of this section, means the isolation, without opportunity for adoption, of healthy, amiable dogs and cats for research animal buyers. No dog or cat shall be designated as a candidate for medical or any other kind of experimentation unless such dog or cat has been made available for adoption during the two-week period it is cared for by the pound or shelter.

(III) If a pound or shelter provides dogs or cats to facilities for experimentation, such pound or shelter shall inform an owner who is relinquishing his dog or cat to the pound or shelter of such practice. The pound or shelter may charge a reasonable fee for housing the dog or cat during the two-week period the animal is cared for by the pound or shelter.

(b) For purposes of this subsection (1), "experimentation" includes any research, or testing, or the use of an animal for the training of students or medical personnel.

(2) Any officer or agent of the state bureau of animal protection created in article 42 of this title, or any peace officer, as described in section 16- 2.5-101, C.R.S., may enforce the provisions of this section.

(3) Any person who violates the provisions of this section commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

(4) The general assembly finds and declares that the establishment of the standards and specifications set forth in this section are a matter of statewide concern.

Added by Laws 1990, S.B.90-135, § 1, eff. July 1, 1990. Amended by Laws 1994, S.B.94-23, § 16, eff. July 1, 1994; Laws 2002, Ch. 318, § 319, eff. Oct. 1, 2002; Laws 2003, Ch. 242, § 48, eff. Aug. 6, 2003.

 

Title 35. Agriculture.  Livestock.  Article 43. Branding and Herding.

§ 35-43-126. Dog worrying stock

Any dog found running, worrying, or injuring sheep, cattle, or other livestock may be killed, and the owner or harborer of such dog shall be liable for all damages done by it.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Derivation:

Gen.Laws 1877, § 2578.
Gen.St.1883, § 3176.
Rev.St.1908, § 6387.
Comp.Laws 1921, § 3152.
C.S.A.1935, c. 160, § 40.
C.R.S.1953, § 8-2-33.
C.R.S.1963, § 8-2-33.
Laws 1973, H.B.1627, § 5.

 



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