reglab/housing_qa huggingface dataset:
CO Code § 35-42-112 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 42 - Animal Protection|§ 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 to cease violating any provision of this article or any rule made pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and shall require that all actions causing the violation be ceased.    In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the commissioner may bring a suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of this article.    No stay of a cease-and-desist order shall be issued before a hearing thereon involving both parties.    Matters brought before a court pursuant to this section shall have preference over other matters on the court's calendar.       Whenever it appears to the commissioner upon sufficient evidence satisfactory to the commissioner that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted pursuant to this article, he may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule adopted pursuant to this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.      History. Source: L. 90: Entire article R&RE, p. 1610, § 1, effective July 1.    Editor's note:   This section is similar to former § 35-42-106 as it existed prior to 1990.   ANNOTATION   Ample evidence of defendants' mistreatment and neglect of cattle supported trial court's decision to permanently enjoin defendants from owning, managing, controlling, or otherwise possessing livestock. The permanent injunction was not overly broad in light of the undisputed facts. Nor did the injunction violate defendants' due process rights under the state constitution and the United States constitution because the injunction served the legitimate public interest of protecting livestock from mistreatment and neglect. Stulp v. Schuman, 2012 COA 144 , 410 P.3d 451.
CO Code § 35-42-113 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 42 - Animal Protection|§ 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 animal disposed of under the animal cruelty laws in accordance with part 2 of article 9 of title 18, C.R.S., or this article shall be transmitted to the state treasurer, who shall credit the moneys to the animal protection fund. The general assembly shall make annual appropriations from that fund to the department of agriculture to aid in carrying out the purposes of this article; except that no such appropriations may be made for personal services.    All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. The moneys in the fund shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly through legislation.     History. Source: L. 90: Entire article R&RE, p. 1610, § 1, effective July 1. L. 2006: (1) amended, p. 895, § 3, effective August 7. L. 2012: (1) amended, (HB 12-1125), ch. 102, p. 346, § 4, effective September 1.
CO Code § 35-42-114 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 42 - Animal Protection|§ 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 department of agriculture in the enforcement of article 80 of this title.   History. Source: L. 90: Entire article R&RE, p. 1611, § 1, effective July 1. L. 94: Entire section amended, p. 1312, § 15, effective July 1; entire section amended, p. 2804, § 575, effective July 1.    Editor's note:   Amendments to this section by Senate Bill 94-023 and House Bill 94-1029 were harmonized.
CO Code § 35-42-115 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 42 - Animal Protection|§ 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 or licensed shelter that implants a microchip pursuant to the provisions of section 18-9-204.5 (3)(e.5)(III), C.R.S., shall provide to the bureau a veterinary record of the microchip. The bureau shall maintain each veterinary record provided in a registry on a statewide database.    Each person who is ordered to identify his or her dangerous dog through microchip implantation shall pay to the bureau a nonrefundable dangerous dog microchip license fee of fifty dollars, as required in section 18-9-204.5 (3)(e.5)(IV), C.R.S. The bureau shall transmit all fees collected pursuant to this subsection (3) to the state treasurer who shall credit the same to the dangerous dog microchip licensure cash fund, referred to in this section as the “fund”, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly to the bureau for the costs incurred in implementing this section. The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.     History. Source: L. 2004: Entire section added, p.1762, § 4, effective July 1.
CO Code § 35-44-101 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-101. Definitions

 As used in this article, unless the context otherwise requires:    “Estray” means any bovine animal, horse, mule, ass, or alternative livestock as defined in section 35-41.5-102 (1) found running at large upon public or private lands in the state of Colorado whose owner is either known or unknown in the section where found or which is outside the limits of its usual range or pasture. It is unlawful for any person, corporation, or company, or any of its employees or agents, to take into its custody any such estray and retain possession of the same, except as provided in this article.     History. Source: L. 03: P. 215, § 1. R.S. 08: § 6426. C.L. § 3230. CSA: C. 160, § 147. CRS 53: § 8-4-1 . C.R.S. 1963: § 8-4-1 . L. 69: P. 123, § 1. L. 94: (1) amended, p. 1710, § 8, effective July 1.
CO Code § 35-44-102 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-102. Taking Up Estrays - Notice

 No person shall take into his custody an estray animal unless the same is found trespassing upon lands owned, leased, or otherwise controlled by him. The state board of stock inspection commissioners or an authorized brand inspector representing said board has authority to move such estray animal to a safe and practical place within the immediate vicinity to be held during the legal advertising period. When any person takes into his custody an estray, within five days thereafter he shall make out a written description of such animal, setting forth all marks or brands appearing upon such animal and other marks of identity, such as color, age, size, sex, and possible owner, and forward the same by mail to the state board of stock inspection commissioners in Denver or notify the nearest authorized brand inspector. Any person having knowledge of any estray animal upon the public range may notify the state board of stock inspection commissioners, or any authorized brand inspector of said board, giving a description of said estray, and upon instructions from the board of stock inspection commissioners, or from an authorized inspector of the board, said estray shall be held by such person to be turned over to a duly authorized inspector of said board for disposition as the board may direct according to law.   History. Source: L. 03: P. 215, § 2. R.S. 08: § 6427. C.L. § 3231. CSA: C. 160, § 148. CRS 53: § 8-4-2 . C.R.S. 1963: § 8-4-2 . L. 69: P. 123, § 2.
CO Code § 35-44-103 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-103. When Estray Returned to Owner

 Upon receiving notice that any person has taken into his custody any estray animal, it is the duty of the state board of stock inspection commissioners to make or cause to be made an examination of the state brand records, and if from this record the name of the owner or probable owner can be determined, it shall forthwith notify him of the taking into custody of such estray. Upon the owner proving to the satisfaction of the state board of stock inspection commissioners that the estray animal is rightfully his, the state board shall issue to him an order to receive the same upon payment of any reasonable charges which may have been incurred in the care of said animal.   History. Source: L. 03: P. 216, § 3. R.S. 08: § 6428. C.L. § 3232. CSA: C. 160, § 149. CRS 53: § 8-4-3 . C.R.S. 1963: § 8-4-3 .
CO Code § 35-44-104 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-104. Owner Not Found - Advertisement

 If the brand commissioner appointed by the state board of stock inspection commissioners is unable to determine from the brand records and description who is the owner or probable owner of any reported estrays, he shall cause notice showing a facsimile of the brand and other identifying characteristics carried by the estray to be posted in the offices of all county clerk and recorders, and licensed livestock markets and in other conspicuous places in the area where said estray was found. Said livestock notice shall state when and where the estray animal was taken into custody. In addition the brand commissioner shall cause a notice giving a general description of the estray to be placed in a local newspaper within the county where the estray is held, and said notice shall be carried in one regular issue only. Both notices shall state that unless the animal is claimed by the legal owner within ten days after the publication or posting of the notice, whichever is later, then the same shall be sold by the state board of stock inspection commissioners for the benefit of the owner when found.   History. Source: L. 03: P. 216, § 4. R.S. 08: § 6429. L. 17: P. 222, § 1. C.L. § 3233. CSA: C. 160, § 150. L. 53: P. 579, § 1. CRS 53: § 8-4-4 . L. 63: P. 185, § 2. C.R.S. 1963: § 8-4-4 .
CO Code § 35-44-105 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-105. Sale of Estrays

 If said estray animal is not claimed within ten days after the posting of estray notice, it shall be sold by the state board of stock inspection commissioners, through an authorized brand inspector of the board, in such manner as the board may direct. It is the duty of the brand inspector making such sale to give a bill of sale to the purchaser from the state board of stock inspection commissioners, signed by himself as inspector for the board, which bill of sale shall be legal evidence of the ownership of said animal by the purchaser thereof and shall be a legal and valid title to said animal.   History. Source: L. 03: P. 217, § 5. R.S. 08: § 6430. C.L. § 3234. CSA: C. 160, § 151. CRS 53: § 8-4-5 . L. 63: P. 185, § 2. C.R.S. 1963: § 8-4-5 .
CO Code § 35-44-106 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-106. Proceeds of Sale - Rules

 The brand inspector making the sale of such estray shall return the proceeds of such sale to the state board of stock inspection commissioners, who shall pay the expenses incurred in taking into custody, holding, advertising, and selling such animal, and place the balance in the estray fund of said board, making a record of the same, showing the marks and brands and other means of identification of said animal, and giving the amount realized from the sale of same, which record shall be open to the inspection of the public. Should the owner of any estray that has been sold be found within three years after the sale of such animal, the net amount received from the sale of said estray, less a sum determined by the board by rule, for each estray, to be retained by the board, shall be paid to said owner upon the owner proving ownership to the satisfaction of the board.   History. Source: L. 03: P. 217, § 6. R.S. 08: § 6431. C.L. § 3235. CSA: C. 160, § 152. CRS 53: § 8-4-6 . C.R.S. 1963: § 8-4-6 . L. 79: Entire section amended, p. 1333, § 2, effective May 18. L. 2004: Entire section amended, p. 649, § 9, effective July 1.    Cross references:   For the estray fund, see § 35-41-102 .
CO Code § 35-44-107 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-107. Custody of Estray - Claimant

 When any person takes into his custody any estray animal and sends a description of the same to the state board of stock inspection commissioners, said person shall be entitled to hold same lawfully until relieved of its custody by the state board of stock inspection commissioners. Should a claimant for said animal apply to the person who has custody of the estray for possession of the same, the said person shall at once notify the state board of stock inspection commissioners in writing of such application, and should the said board be satisfied that said applicant is the rightful owner, it shall forthwith issue an order authorizing said person in custody to deliver the estray to the owner, who may be required to pay any reasonable charges made by said person in custody. In case of a controversy as to what constitutes a reasonable charge, the state board of stock inspection commissioners shall fix the amount. The time of service for which said person may claim remuneration commences upon the date of notification made by the said person to the state board of stock inspection commissioners.   History. Source: L. 03: P. 218, § 7. R.S. 08: § 6432. C.L. § 3236. CSA: C. 160, § 153. CRS 53: § 8-4-7 . C.R.S. 1963: § 8-4-7 .
CO Code § 35-44-108 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-108. Who May Take Up Estrays

 It is unlawful for any person other than an authorized inspector of the state board of stock inspection commissioners to take into custody or retain possession of any estray, except as provided in section 35-44-107 . Any person who takes into custody and retains possession of any estray without notifying the state board of stock inspection commissioners within the time as provided in this article is guilty of a class 6 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401 , C.R.S.   History. Source: L. 03: P. 218, § 8. R.S. 08: § 6433. C.L. § 3237. CSA: C. 160, § 154. CRS 53: § 8-4-8 . C.R.S. 1963: § 8-4-8 . L. 91: Entire section amended, p. 409, § 20, effective June 6. L. 2002: Entire section amended, p. 1550, § 323, effective October 1.    Cross references:   For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
CO Code § 35-44-109 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-109. Official State Livestock Paper

 It is the duty of the state board of stock inspection commissioners to designate a livestock newspaper, of general circulation among the cattle and horse owners of the state, as the official state livestock paper, wherein all estray notices and advertisements of estrays may be legally made. In case of a change being made in the selection of such paper, the paper then publishing these notices shall publish a notice of said change for at least thirty days.   History. Source: L. 03: P. 218, § 9. R.S. 08: § 6434. C.L. § 3238. CSA: C. 160, § 155. CRS 53: § 8-4-9 . C.R.S. 1963: § 8-4-9 .    Cross references:   For additional provisions concerning the state livestock paper, see §§ 35-43-113 and 35-50-109 .
CO Code § 35-44-110 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-110. Application as to Municipalities

 Nothing in this article shall be construed to repeal any of the laws now in effect in regard to the impounding of estray animals by municipalities.   History. Source: L. 03: P. 219, § 10. R.S. 08: § 6435. C.L. § 3239. CSA: C. 160, § 156. CRS 53: § 8-4-10 . C.R.S. 1963: § 8-4-10 .
CO Code § 35-44-111 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-111. Concealing Estray - Penalty

 Any person who conceals any estray found or taken into his or her custody, or effaces or changes any mark or brand thereon, or carries the same beyond the limits of the county where found, or knowingly permits the same to be done, or neglects to notify or give information of estrays to the state board of stock inspection commissioners is guilty of a class 6 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401 , C.R.S.   History. Source: G.L. § 2567. G.S. § 1306. R.S. 08: § 6444. C.L. § 3241. CSA: C. 160, § 158. CRS 53: § 8-4-11 . L. 63: P. 322, § 5. C.R.S. 1963: § 8-4-11 . L. 67: P. 574, § 2. L. 91: Entire section amended, p. 409, § 21, effective June 6. L. 2002: Entire section amended, p. 1550, § 324, effective October 1.    Cross references:    For provisions relative to effacing brands, see § 35-43-116.    For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
CO Code § 35-44-112 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-112. Abandoned Livestock

  The state board of stock inspection commissioners shall have the charge and control of all livestock abandoned or neglected by the owners thereof, and any officer or agent of the state board of stock inspection commissioners may take charge of any such stock or animals found abandoned or neglected.    The state board of stock inspection commissioners, upon taking charge of any such stock or animals, shall forthwith give notice to the owners thereof, if known, and shall care and provide for such stock or animals for a period of ten days from and after the mailing or giving of such notice to the owners of said animals or until the owners take charge of the same within said ten days. The expense of such care and provision shall be a lien upon such stock or animals and shall be paid by the owners to the said state board of stock inspection commissioners before the owners shall be entitled to the possession of the animals.    Upon the owner's failure to pay said expense charges, said stock or animals or such a number thereof as may be necessary shall be sold to the best advantage by the state board of stock inspection commissioners in its discretion at public or private sale, and the proceeds of such sale shall be paid to the owners, after all expenses incurred for the care and provision of said animals and all costs of said sale are deducted. The purchaser at such sale shall be entitled to a bill of sale from the state board of stock inspection commissioners, by virtue of which the purchaser shall acquire a good and valid title; but no sale shall be made previous to the expiration of ten days from and after the date of said notice to the owners.     History. Source: L. 13: P. 594, § 1. C.L. § 3222. CSA: C. 160, § 139. CRS 53: § 8-4-12 . C.R.S. 1963: § 8-4-12 . L. 69: P. 124, § 3.
CO Code § 35-44-113 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-113. Publication of Notice - Sale - Rules

 If the owners of any animals or livestock found abandoned or neglected, as provided for in section 35-44-112 , are unknown to the state board of stock inspection commissioners, its officers, or agents, the notice required by section 35-44-112 shall be given by publishing the same as provided for in the case of animals or livestock taken up as estrays. If the owner is not found in ten days after the date of the first publication of the notice, the animals or livestock may be sold. The proceeds, after deducting all expenses of such care, provision, and sale, less a sum determined by the board by rule, for each animal sold, to be retained by the board, shall be credited to the estray fund of the board, subject to the provisions of the law controlling the distribution of the fund. The amount determined by the board retained for each animal sold shall be credited to the brand inspection fund, subject to the provisions of the law controlling the distribution of the brand inspection fund.   History. Source: L. 13: P. 595, § 2. C.L. § 3223. CSA: C. 160, § 140. CRS 53: § 8-4-13 . C.R.S. 1963: § 8-4-13 . L. 69: P. 124, § 4. L. 79: Entire section amended, p. 1333, § 3, effective May 18. L. 2004: Entire section amended, p. 649, § 10, effective July 1.    Cross references:   For the brand inspection fund, see § 35-41-102 .
CO Code § 35-44-114 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 44 - Estrays|§ 35-44-114. Disputed Ownership - Animal Deemed Not Alternative Livestock

 In any instance where the board determines that an animal is not an alternative livestock, any dispute as to ownership shall be decided by the parks and wildlife commission created in section 33-9-101 , C.R.S.   History. Source: L. 94: Entire section added, p. 1710, § 9, effective July 1. L. 2012: Entire section amended, (HB 12-1317), ch. 248, p. 1238, § 101, effective June 4.