colorado dog ownership laws

Hiring an attorney because of your pet may seem unnecessary, until you realize the chance of your pet going to neither you nor your spouse exists. Colorado Legal Defense Group was a great resource for legal help. Domestic animals fall into the unregulated category of the Code of Colorado Regulations, meaning you don’t need any special licensing from the state to import or possess these animals. Editor's note: This is the second in a series of articles on pet ownership and divorce. These laws help to protect emotional support animals and their owners in getting fair housing and access to air travel. If you and your ex-spouse cannot work it out alone, consider hiring a mediator to help with negotiations. Courts and Court Procedure Section 13-21-124. The injury (if any) is to a person, an animal or property. Owners should be aware that misrepresenting an emotional support animal as a service animal is a crime in the state of Colorado and carries a fine of up to $500. Statute of limitations. In our first article, we looked at how owners can avoid making a pet a pawn in the divorce process. This field is for validation purposes and should be left unchanged. Let's see how we can help. Other judges, however, may consider some of the child custody rules when determining a pet custody dispute. Town of Monument. The bill imposes a statewide requirement that all dogs and cats that are 4 months old or older be vaccinated against rabies. As a Colorado class 1 misdemeanor, penalties for owning a dangerous dog can include: Consequences of owning a dangerous dog as a Colorado class 6 felony can be as much as: If your dog kills a person, it is a Colorado class 5 felony. Denver, CO 80211 You and your ex-spouse may either accept the suggestion and make it your official divorce contract, or reject the solution and proceed to the next step – a court trial. if: In addition, as long as your dog has not engaged in or been trained for animal fighting, it is an affirmative defense to charges of owning a dangerous dog that: At the Colorado Legal Defense Group, our animals are part of our families. It is normal to be frightened and overwhelmed following an arrest. How the court makes marital property decisions. At its most serious — when a person is killed — the penalty for owning a dangerous dog can include: Dog attacks are some of the most difficult charges to defend against. Your pet may be like a beloved family member, but in the eyes of the law, he or she is just another asset of the marriage. Colorado law is clear: pets are not regarded as children – irrespective of how attached owners may be. Dog and cat owners must ensure that their animals are vaccinated within 90 days after assuming ownership. Separate property is any and all assets either spouse possessed prior to the date of marriage. What If My Spouse Evades Service of the Divorce Papers? Failing to comply with local breed-specific laws can be seen as negligence. The City of Grand Junction has granted permission for dogs to be off leash at the Canyon View dog park. Confine the dangerous dog in an escape-proof building or enclosure; Keep the dog under your control by use of a leash whenever the dog is outside of the building or enclosure; Post a conspicuous warning sign on the building or enclosure notifying others that a dangerous dog is housed in the building or enclosure; If the conviction is for a second or subsequent offense, muzzle the dangerous dog whenever it is outside of the building or enclosure; Report to the bureau of animal protection, in writing, any material change in the dangerous dog’s situation, including but not limited to a change, transfer, or termination of ownership, change of address, escape, or death; At your own expense, permanently identify the dangerous dog through the implantation of a microchip by a licensed veterinarian or a licensed shelter who will report the microchipping information to the bureau; Prior to the implantation of the microchip, pay a nonrefundable dangerous dog microchip license fee of fifty dollars to the bureau of animal protection; Prior to the dangerous dog receiving any service or treatment, disclose in writing to any provider of the service or treatment, including but not limited to a veterinary health care worker, dog groomer, humane agency staff person, pet animal care facility staff person, professional dog handler, or dog trainer, each acting in the performance of his or her respective duties, that the dangerous dog has been the subject of a conviction of a violation of this section; and. The Colorado dog bite statute is for cases where the victim cannot prove the elements of the "one bite rule." Please complete the form below and we will contact you momentarily. Prior to a change, transfer, or termination of ownership of a dangerous dog, disclose in writing to the prospective owner that the dangerous dog has been the subject of a conviction of a violation of this section. The Effects of Coronavirus/COVID-19 on Child Custody. Call and tell us your situation. The outcome? Here are a few laws in Colorado that dog owners should know about: State law requires a licensed veterinarian to sterilize an animal before adoption or … Punishment depends on: Consequences of owning a dangerous dog can include: As an example, a first dangerous dog offense arising from an injury to a domestic animal or a non-serious injury to a person can be punished by: Note that a victim can also file a civil lawsuit under Colorado’s dog bite laws. This makes the matter somewhat unclear and unpredictable. A vast majority of cities in the United States now have local ordinances in place that … THE REPRESENTATION YOU NEED IN ORDER TO PROTECT YOUR FAMILY, Posted in Divorce,Separation on March 15, 2019. A mandatory fine of at least $250 (and possibly as much as $1,000), and. Studies show that pet ownership has increased in the last few decades. Owning a dangerous dog can be either a misdemeanor in Colorado or a felony in Colorado. 1 Answer | Asked in Animal / Dog Law for Colorado on Jul 20, 2020 Q: I have taken care of a dog for 3 years. illegal animal fighting under 18-9-204 C.R.S. Neither spouse should use a pet to hurt or manipulate the other spouse. Guide dogs should be able to lead a blind person through traffic. Colorado does not have any specific pet custody laws. is one of Colorado’s lengthiest and most complex criminal statutes. “Domestic animal” means any dog, cat, any animal kept as a household pet, or livestock. conviction, Penal Code 399.5 PC – owning a fight or attack dog in California, Colorado drug testing laws – 3 key things to know. If your pet custody case does go before a judge, know that the courts will see your cat or dog like personal property, not like a child. Call us 24/7 1. Trials can be unpredictable, and you may end up losing custody of your pet altogether, rather than settling on a compromise with your ex-spouse. The statute covers any "person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of, a dog." Whether the dog attacks a human, another animal or property, How serious an injury (if any) the dog causes, and. Dog Ownership Laws: Covering Custody Disputes & Stolen Dogs Sally Jones Updated: February 5, 2020 Family Dog 1 Comment To sustain this free service, we receive affiliate commissions via some of our links. The courts will always try to approve divorce arrangements a family creates before intervening. If you knew that your dog was dangerous, there is often not much you can do about the charge except to have your lawyer negotiate with the prosecutor. Colorado Revised Statute 13-21-124 covers dog bites and states that a dog's owner (not a walker or handler, mind you – just the owner) may be held responsible for any injuries if: The dog bites a person who was lawfully on the owner's public or private property at the time of the bite; and The bite resulted in serious bodily injury or death. “Serious bodily injury” means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. Since the first National Pet Owners Survey in 1988, pet ownership has gone up by 12%, from 56% of U.S. households to 68% in 2018. Court-order obligations to do or refrain from doing certain things, and/or. A potential jail sentence of up to one year. 2. Who is responsible for a dangerous dog? Updated October 21, 2020 CRS 13-21-124 is the Colorado statute that governs dog bites. The law simply seeks to put legal muscle behind the idea that the loss of the animal may cause emotional distress to the owner. View model and noted breed-specific ordinances and mandatory pit bull spaying and neutering ordinances. The courts will not split community property down the middle, in a 50/50 division. It may be difficult to predict how a pet custody battle will go, but you can improve your chances of a satisfactory outcome by hiring a lawyer. The owner remains liable even if the dog never bit someone or displayed violent tendencies previously. A hearing assistance dog should be able to hear a baby crying, or a phone ringing, and lead their owner to the source of the sound. The statute of limitations for a dog bite (or other injury caused by a dog) in … Create a plan for the pet as part of how you and your spouse will separate property. If you are currently facing a potential pet custody battle with your spouse during a divorce case, focus on what is best for your pet. Visit our page on Colorado DUI Laws to learn more. There may be exceptions to the number and type of animals you can legally own (such as pot belly pigs, fowl (chickens, ducks, etc. These Colorado laws concern liens on pet animals for persons who are entrusted with caring for the animals. A … civil lawsuit under Colorado’s dog bite laws. For a prompt response from one of our Colorado dog bite defense lawyers, you can fill out the confidential form on this page, or call us at our Denver home office: Colorado Legal Defense Group Additional obligations following an 18-9-204.5 C.R.S. Some judges may look at a pet purely as property, and divide it along with other pieces of property, such as a residence or income. The owner will likely be held liable, whether or … Dog inflicts serious bodily injury upon a person, 3.3. You are a peace officer and you use the dog while engaged in the performance of peace officer duties; Your dog inflicts bodily or serious bodily injury to any veterinary healthcare worker, dog groomer, humane agency personnel, professional dog handler, or trainer each acting in the performance of his or her respective duties, unless you are subject to a court order with respect to the dog and you have failed to notify the worker that the dog is dangerous; Your dog inflicts injury upon or causes the death of a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on your property or property under your control and the injury or death was to a domestic animal naturally associated with the work of such dog. Possible destruction of the dog by euthanasia. licensing requirements apply to county residents living outside of city limits but within designated resolution areas – all dogs over the age of 4 months; cat licensing is strongly encouraged. See Proving a Dangerous Propensity in Colorado. If you are convicted of owning a dangerous dog pursuant to 18-9-204.5 C.R.S., the court will order you to: The court shall order that a dangerous dog be immediately confiscated and placed in a public animal shelter at your expense. Period. Some believe they are a perfectly reasonable response to the risks posed by certain breeds of dogs that may have a tendency to be aggressive, while others belief they are ineffective and violate dog owners’ rights. Consequences of owning a dangerous dog as a Colorado class 6 felony can be as much as: 1 – 1 ½ years in prison (with 1-year mandatory parole), and/or. For purposes of 18-9-204.5 C.R.S., an “owner” is any person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of an animal. The majority rule in the U.S., including Colorado, is summed up in the words of one treatise: “At common law, people have a martial right to property and this includes the right to ownership, control and absolute possession of pets.” This section imposes strict liability on owners when their dog bites a person who is lawfully on public or private property. Mediation is not a trial. Separate vs. community property. A lawyer during your mediation can improve the odds of you and your spouse coming to a satisfactory compromise on pet custody and visitation rights, without needing to go to court. Restitution for the damaged property shall be in an amount equal to the greater of the fair market value or the replacement cost of such property before its destruction, plus any actual costs incurred in replacing such property. Custody of the pet will likely go to you and not your spouse. How the courts treat your particular situation depends entirely on the judge, since no legal governance exists for such situations. Instead, the courts will typically allot a greater portion of shared assets to the higher-earning spouse in the relationship. defines a “dangerous dog” as any domesticated animal related to the fox, wolf, coyote, or jackal that: “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. 1 – 1 ½ years in prison (with 1-year mandatory parole), and/or, 1-3 years in prison (with 2 years mandatory parole), and/or, A Colorado class 3 misdemeanor if it is your first offense, or. You are not guilty under 18-9-204.5 C.R.S. You may also have attorneys present, if desired. Colorado residents should keep in mind that every county has different dog laws and laws concerning pet ownership. However, some cities do require licensing for cats and dogs older than six months. ), or certain hoofed … There is no Colorado law setting forth a standard on how to treat pets in a divorce proceeding. Engages in or is trained for animal fighting. Licenses are good for one year. Injures or kills a person or domestic animal; or, Demonstrates tendencies that would cause a reasonable person to believe that the dog might injure or kill a person or domestic animal; or. While most courts will award custody based on who is determined to be the animal’s legal owner, this is not always the case. Studies show that pet ownership has increased in the last few decades. You and your spouse can both present your cases, and the mediator will make a final suggestion as to how the issue should be resolved. If, however, you and your spouse purchased or adopted the pet after marriage (or obtained the pet jointly prior to marriage), the courts will determine custody as it would any other piece of property, in most cases. Many couples getting divorced today treat their pets like their children – creating intense pet custody battles during Colorado divorce cases. Before you adopt, here’s what you need to know: Laws Concerning Cats and Dogs in Colorado All cats and dogs over the age of six months must be licensed by the county you live in. If it is a subsequent offense, however, or the dog kills a human being, ownership of a dangerous dog in Colorado is a felony. We’ll discuss the specifics of your case and what we can do to help you stay out of jail and to help you keep your dog or get her back. If you are convicted of owning a dangerous dog pursuant to Colorado 18-9-204.5 C.R.S., the court will order you to pay restitution to the other party or parties involved. Here is a breakdown of how property division works in Colorado. 4047 Tejon Street Pet custody is like many other aspects of a divorce case in that it does not have to fall to the decision of the courts. But the Colorado law's rationale sweeps rather too broadly. (303) 222-0330, Colorado Legal Defense Group › Criminal Defense › Criminal Laws A-Z › Dangerous Dog Ownership. If you or someone you know has been accused of owning a dangerous dog, we’ll fight vigorously to keep you and your dog together. In this article, author Steven May outlines some of the commonsense steps you can take to make sure you have an ongoing role in your pet's life should you face a divorce. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law. Rabies & ID Required - It is required all dogs and cats be vaccinated against rabies by a licensed Colorado Veterinarian. Breed safety laws :: Over 900 U.S. cities have enacted breed-specific legislation and wolf-dog hybrid laws. Consequences of owning a dangerous dog, 3.1.1. They were able to help me get through my case with the best possible outcome their was. Since the first National Pet Owners Survey in 1988, pet ownership has gone up by 12%, from 56% of U.S. households to 68% in 2018. Colorado Revised Statutes Title 13. Equitable distribution rules. 7. dog breeder facility: any firm, person, or corporation that is engaged in the operation of A Colorado class 2 misdemeanor if it is a second or subsequent violation. To learn the best defense to your Colorado charges of owning a dangerous dog, we invite you to contact us for a free consultation. Studies also show the increase in pet ownership correlates to a decrease in younger generations having children. Thus, Colorado’s property division laws will preside over your pet custody case, not child custody laws. 155 East Boardwalk Drive,#400, Fort Collins, CO 80525, REQUEST A CONSULTATION ALL FIELDS REQUIRED*, COPYRIGHT © 2021 The Law Office of Stephen Vertucci | BLOG. When is DUI a class 4 felony in Colorado? This … Inflicts bodily or serious bodily injury upon or causes the death of a person or domestic animal; or, Demonstrates tendencies that would cause a reasonable person to believe that the dog may inflict bodily or serious bodily injury upon or cause the death of any person or domestic animal; or. The vaccination must be done within 30 days of pet acquisition. Now her heroin junkie owner wants her back. The courts will determine pet custody on a case-by-case basis. all dogs and cats over the age of 4 months. The state’s equitable division rule will only apply to community, or marital, properties and assets. First, try to work out an agreeable arrangement between you and the other pet parent. As a Colorado class 1 misdemeanor, penalties for owning a dangerous dog can include: 6 – 18 months in jail, and/or. Getting arrested for DUI does not mean you will be convicted. In certain areas of Colorado, it is illegal to own a pit bull or other breeds. To help you better understand Colorado’s law against keeping a dangerous dog, our Colorado criminal defense lawyers explain, below: 18-9-204.5 C.R.S. You may not see your pet as just another piece of owned property, but that is how the Colorado legal system views it. Couples will have the option to arrange their own pet custody agreement before a judge intervenes. Yes, whoever's name is on the adoption/purchase paperwork is the legal owner of the dog. Do I Need to Report an Accident to the DMV in Colorado? Owners must comply with all laws related to dog ownership, including the laws that outlaw certain breeds. These are controversial laws. A common law rule known as the “ one bite rule ” that allows a dog owner to assume that their dog isn’t dangerous until the dog exhibits aggressive behavior will not apply in Colorado if a dog bite results in serious bodily harm. You can only be the “guardian” of a dog. Each spouse will maintain ownership of his or her own separate properties. A fine of $500-$5,000. For cases in California, please see our article on Penal Code 399.5 PC – owning a fight or attack dog in California. (303) 222-0330. up to 6 adult dogs or cats, or any combination Adult animal is defined as any dog or cat over the age of 4 months. Posted in Divorce,Separation on March 15, 2019. You commit a crime under 18-9-204.5 C.R.S. Whether it is your first or a subsequent offense. Your judge, for example, may examine what is in the best interests of the pet to determine whether you or your spouse should have custody. Your lawyer may be able to prove to a judge that you are the owner that will do what is best for the animal. An Update From Our Firm Regarding COVID-19 Colorado Dog Law Liability Statute. Months in jail, and/or and possibly as much as $ 1,000 ), an! Any ) is to a Domestic animal all dogs and cats be against! Divorced today treat their pets like their children – creating intense pet custody case, not the may. Call us 24/7 ( 303 ) 222-0330, Colorado ’ s property division and/or custody laws cause emotional to... Representation you Need in ORDER to protect your FAMILY, posted in divorce, colorado dog ownership laws! To be off leash at the Canyon view dog park can be either a misdemeanor Colorado... A felony in Colorado can state your claim to the higher-earning spouse in the.... And wolf-dog hybrid laws consider some of the pet as your own separate property in Belvedere, California dangerous can. Case with the best possible outcome their was too broadly middle, a! 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