2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 42.5 - ANIMAL SHELTERS AND POUNDS (§ 35-42.5-101) › Section 35-42.5-101 - Duties and restrictions relating to shelters and pounds - legislative declaration - 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, 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 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.
Amended by 2021 Ch. 462, § 636, eff. 3/1/2022.
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. 3281, p. 3281, § 636, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002.