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. Whether it is your first or a subsequent offense. In certain areas of Colorado, it is illegal to own a pit bull or other breeds. The courts will determine pet custody on a case-by-case basis. This law requiring all public signage to call dog owners “guardians” is the result of animal rights activist calling for reform in the rhetoric surrounding pet relationships. The outcome? View model and noted breed-specific ordinances and mandatory pit bull spaying and neutering ordinances. 2. Who is responsible for a dangerous dog? If custody of your pet post-divorce is important to you, hire a divorce attorney to represent you during mediation or a divorce trial. ), or certain hoofed … Equitable distribution rules. Code of Colorado Regulations 2 6. cat breeder facility: any firm, person, or corporation that is engaged in the operation of breeding and raising cats and that produces more than three litters of kittens or transfers more than 24 cats per 12-month period. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Here is a breakdown of how property division works in Colorado. Who Gets Pet Custody in a Colorado Divorce? Colorado residents should keep in mind that every county has different dog laws and laws concerning pet ownership. Punishment for owning a dangerous dog can be in the form of: Which of these (and in what amounts) depends on whether: If your dog injures a person, you are guilty of: As a class 3 misdemeanor, owning a dangerous dog can be punished by: Penalties for a second or subsequent offense can include: If your dog inflicts serious bodily injury on a person, you have committed a class 1 misdemeanor if it is your first offense. 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. The owner remains liable even if the dog never bit someone or displayed violent tendencies previously. Yes, whoever's name is on the adoption/purchase paperwork is the legal owner of the dog. Licenses are good for one year. 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. Dog inflicts bodily injury upon a person, 3.1.2. Our Colorado criminal defense attorneys and support staff know that you love your animals, too. When is DUI a class 4 felony in Colorado? Let's see how we can help. How Can Social Media Affect My Divorce Claim? Colorado law is clear: pets are not regarded as children – irrespective of how attached owners may be. These laws help to protect emotional support animals and their owners in getting fair housing and access to air travel. 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. 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. 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. You can only be the “guardian” of a dog. These are controversial laws. The courts will always try to approve divorce arrangements a family creates before intervening. Please complete the form below and we will contact you momentarily. 7. dog breeder facility: any firm, person, or corporation that is engaged in the operation of What is the license suspension for underage DUI in Colorado? As a Colorado class 1 misdemeanor, penalties for owning a dangerous dog can include: 6 – 18 months in jail, and/or. In general, the courts cannot touch separate property. 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. 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. 3. The owner will likely be held liable, whether or … If you were the one who spent more money on the pet’s healthcare, more time walking or feeding the pet, and more attention on the pet, you could win primary custody – even if your spouse was the one who initially purchased the animal. 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. Owning a dangerous dog can be either a misdemeanor in Colorado or a felony in Colorado. This … Studies show that pet ownership has increased in the last few decades. 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." 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. Custody of the pet will likely go to you and not your spouse. Failing to comply with local breed-specific laws can be seen as negligence. The dog was a stray who entered your property and injured or killed a domestic animal; A domestic animal your dog injured or killed was, at the time of the attack biting or otherwise attacking you or your dog; At the time of the attack by your dangerous dog, the victim was committing or attempting to commit a criminal offense (other than a petty offense) against you and the attack did not occur on your property; If your dog’s attack caused injury to or the death of a person, the victim of the attack was committing or attempting to commit a criminal offense (other than a petty offense) against your property or someone on your property; The victim of the attack tormented, provoked, abused, or inflicted injury upon your dog in an extreme manner which resulted in the attack. The Bureau of Land Management has granted permission for dogs to be off leash, but under voice control by an owner, in some areas. This makes the matter somewhat unclear and unpredictable. A second or subsequent violation for the same dog causing bodily injury to a person or death to a domestic animal. 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. Town of Monument. What is considered a dangerous dog in Colorado? Consequences of owning a dangerous dog, 3.1.1. For cases in California, please see our article on Penal Code 399.5 PC – owning a fight or attack dog in California. illegal animal fighting under 18-9-204 C.R.S. Types of ordinances THE REPRESENTATION YOU NEED IN ORDER TO PROTECT YOUR FAMILY, Posted in Divorce,Separation on March 15, 2019. Mediation is not a trial. Separate property is any and all assets either spouse possessed prior to the date of marriage. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law. 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. If your case does proceed to trial, a lawyer can state your claim to the pet through property division and/or custody laws. 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 … The judge may listen to both sides of the argument, assess what would be best for the pet in question, and determine a sole or joint custody arrangement based on the facts of your case. Proof of your position as the right choice may include demonstrating that you were the one who took primary care of the animal during the marriage. 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. 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. Colorado Revised Statutes Title 13. It is in the court’s power to order that the pet goes to a third party if you and your spouse cannot work out an agreement between yourselves. Guide dogs should be able to lead a blind person through traffic. Pet Waste. If you are involved in a second or subsequent violation, however, it is a Colorado class 6 felony. 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. No statute, and no reported cases. Penalties for conviction of a Colorado class 1 petty offense can include: You will also be liable for restitution for the property damage, as set forth below. The Effects of Coronavirus/COVID-19 on Child Custody. Studies show that pet ownership has increased in the last few decades. 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. If the court believes the dog’s owner acted with extreme negligence, the court may award the victim punitive damages in addition to economic and non-economic damages. This field is for validation purposes and should be left unchanged. 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. These Colorado laws concern liens on pet animals for persons who are entrusted with caring for the animals. Engages in or is trained for animal fighting. The bill imposes a statewide requirement that all dogs and cats that are 4 months old or older be vaccinated against rabies. It is normal to be frightened and overwhelmed following an arrest. Instead, the courts will typically allot a greater portion of shared assets to the higher-earning spouse in the relationship. Court-order obligations to do or refrain from doing certain things, and/or. The injury (if any) is to a person, an animal or property. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. (303) 222-0330. Restitution for damages to another person, animal or property, Court-ordered obligations to do or refrain from doing certain things, and. However, in certain cases, you are not liable for an attack. But the Colorado law's rationale sweeps rather too broadly. Studies also show the increase in pet ownership correlates to a decrease in younger generations … Additionally, private yards and dog runs must also be cleaned regularly by the pet owners to avoid insects and odor problems. This section imposes strict liability on owners when their dog bites a person who is lawfully on public or private property. Breed safety laws :: Over 900 U.S. cities have enacted breed-specific legislation and wolf-dog hybrid laws. First, try to work out an agreeable arrangement between you and the other pet parent. 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