Colorado § 35-42.5-101 - Duties and restrictions relating to shelters and pounds - legislative declaration - red tagging prohibited - enforcement - penalty - definitions.

§ 35-42.5-101. Duties and restrictions relating to shelters and pounds - legislative declaration - red tagging prohibited - enforcement - penalty - definitions.

(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, the pound or shelter shall inform an owner who is relinquishing the owner's 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 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(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.

Source: L. 90: Entire article added, p. 1614, § 1, effective July 1. L. 94: (1)(a)(I) amended, p. 1312, § 16, effective July 1. L. 2002: (3) amended, p. 1549, § 319, effective October 1. L. 2003: (2) amended, p. 1625, § 48, effective August 6. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3281, § 636, effective March 1, 2022. L. 2025: (1)(a)(III) amended, (HB 25-1084), ch. 24, p. 126, § 111, effective August 6.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002.

ARTICLE 43

Branding and Herding

PART 1

GENERAL AND ADMINISTRATIVE PROVISIONS

35-43-101. Brands on livestock - evidence.

35-43-102. Branding - evidence of ownership - penalty.

35-43-103. Earmarks.

35-43-104. Brand distinctions - recording office.

35-43-105. Fee to record brands - unlawful use - penalty.

35-43-106. Certified copy of brand - fee.

35-43-107. Recording by county clerk and recorder.

35-43-108. Brand book.

35-43-109. Brands personal property - recording by board - rules - effect.

35-43-110. Proof of ownership - evidence.

35-43-111. Earmarking sheep and hogs.

35-43-112. Other animals - earmarks.

35-43-113. Publication of brands and transfers.

35-43-114. Fees - disposition - report.

35-43-115. Assessment of brands - rules.

35-43-115.5. Abandoned brands - procedure - sale - proceeds.

35-43-116. Wrongful branding - penalty.

35-43-117. Use of false brand - damages.

35-43-118. Maverick defined - branding penalty.

35-43-119. Stock mixed with drove - penalty.

35-43-120. Trespassing on lands - injuring resident - penalty.

35-43-121. Herding sheep near towns. (Repealed)

35-43-122. Penalty. (Repealed)

35-43-123. Thoroughbred rams must be herded.

35-43-124. Fines paid into school fund.

35-43-125. No hogs to run at large.

35-43-126. Dog worrying stock.

35-43-127. Skinning carcass without right.

35-43-128. Theft of certain animals - penalty.

35-43-129. Branding of calves required - exceptions.

35-43-130. Cattle in feedlots - penalty.

PART 2

BRAND INSPECTION

35-43-201. Definitions.

35-43-202. Brand inspections - custom processing houses - packing plants - feedlots - acceptable forms of evidence - rules.

35-43-203. Requirements for slaughterer business.

35-43-204. Investigations.

35-43-205. Exemption - limitation.

35-43-206. Records - hides - open to public view.

35-43-207. Sales by persons other than slaughterers - requirements.

35-43-208. Person killing for own use.

35-43-209. When hides admitted as evidence.

35-43-210. Inspection of hide.

35-43-211. Grounds for search warrant.

35-43-212. Violations - penalties.

35-43-213. Brand inspection - certificate - evidence.

PART 1

GENERAL AND ADMINISTRATIVE PROVISIONS