2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-106.4 - [Effective 8/7/2024] Sterilization of ownerless dogs and cats required - rules - exceptions - violations

(1)
An animal shelter or pet animal rescue shall not release a dog or cat to a prospective owner unless the animal has been sterilized by a licensed veterinarian.
(2)
If a licensed veterinarian declares in writing that a sterilization procedure could jeopardize the life of the dog or cat, the procedure may be delayed until such time that a veterinarian determines that the dog or cat is fit to undergo the sterilization procedure. At such time, the prospective owner shall have the animal sterilized. If the determination of unfitness for sterilization has been made prior to release, the animal shelter or pet animal rescue may release the dog or cat to the prospective owner, subject to this subsection (2).
(2.3)
(a)
For an animal born in Colorado, if a licensed veterinarian declares in writing that a sterilization procedure could jeopardize the health of the dog or cat, the procedure may be delayed until such time that a veterinarian determines that the dog or cat is fit to undergo the sterilization procedure. At such time, the prospective owner shall have the animal sterilized. If the determination of unfitness for sterilization has been made prior to release, the animal shelter or pet animal rescue may release the dog or cat to the prospective owner, subject to the provisions of this subsection (2.3).
(b)
If a veterinarian licensed in Colorado declares in writing that a sterilization procedure is likely to cause a secondary illness, injury, impairment, or physical condition that involves inpatient care or ongoing outpatient treatment, the procedure may be delayed until such time that a veterinarian determines that the dog or cat is fit to undergo the sterilization procedure. If the determination of unfitness for sterilization due to jeopardizing the health of the animal has been made prior to release, the animal shelter or pet animal rescue may release the dog or cat to the prospective owner, subject to this subsection (2.3)(b).
(2.5)
For the purposes of the exemptions in subsections (2) and (2.3) of this section:
(a)
A veterinarian shall base a determination of unfitness on specific details regarding the specific animal for which an exemption is requested and shall not include multiple animal exemption requests in one determination.
(b)
The commissioner may submit a signed complaint to the state board of veterinary medicine if the commissioner has reason to believe that a veterinarian's written declaration submitted pursuant to subsection (2) or (2.3) of this section is in violation of section 12-315-112.
(c)
At the time of license renewal, each animal shelter or pet animal rescue shall provide the department with information regarding animals exempted pursuant to subsections (2) and (2.3) of this section. The animal shelter or pet animal rescue shall provide the information in the form provided by the department and shall include the breed, age, category of exemption, reasoning for the exemption, and name and license number of the veterinarian licensed in Colorado that made the exemption determination.
(3)
This section does not apply to:
(a)
The release of a dog or cat to a person with prior and continuing ownership rights to the dog or cat who is reclaiming the animal from an animal shelter or pet animal rescue;
(b)
The transfer of an animal from an animal shelter or pet animal rescue to another animal shelter or pet animal rescue or to a veterinarian;
(c)
Repealed.
(d)
Public animal shelters eligible for waiver of licensing fees pursuant to rules promulgated by the commissioner; or
(e)
A facility in an area with limited access to licensed veterinarians that has been granted an exemption by the commissioner; except that any animal shelter or pet animal rescue that imports unsterilized dogs or cats into the state is ineligible for an exemption.
(4)
Nothing in this section shall preclude a town, city, county, or city and county from adopting, maintaining, or enforcing an ordinance that exceeds the minimum requirements adopted by the commissioner in implementing and enforcing this section. Nothing in this section shall preclude a licensed animal shelter, whether public or private, from adopting, maintaining, or following a policy that exceeds the minimum requirements adopted by the commissioner in implementing and enforcing this section.
Amended by 2024 Ch. 22,§ 1, eff. 8/7/2024.
Amended by 2019 Ch. 409, § 3, eff. 8/2/2019.
L. 2008: Entire section added, p. 200, § 2, effective 1/1/2009.
Section 7(2) of chapter 409 (SB 19-158), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after August 2, 2019.
2024 Ch. 22, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.