Current through Register Vol. 47, No. 17, September 10, 2024
2.1. Civil
Investigations, Allegations of Mistreatment, Abandonment, or Neglect
2.1.1. An agent may gather evidence,
including interviewing witnesses, to establish the probable cause necessary to
support an allegation that a person has committed a civil violation of
mistreatment, neglect, or abandonment of an animal in any circumstance so that
the animal's life or health is in danger. If necessary, the Commissioner may
authorize an agent, in conjunction with the Department of Agriculture and the
Office of the Attorney General, to obtain an administrative search
warrant.
2.1.2. Of the four
classifications of commissioned agents defined above in Part 1.3, the authority
to investigate an allegation that any person has committed a civil violation of
mistreatment, neglect, or abandonment of any livestock in any circumstance so
that the livestock's life or health is in danger is restricted to Colorado
Department of Agriculture agents as well as law enforcement agents employed by
a sheriff and within their jurisdiction.
2.2. Criminal Investigations, Summons and
Complaints, Misdemeanor Cruelty to Animals
2.2.1. An agent may issue a criminal summons
and complaint to enforce the provisions of part 2 of article
9 of title
18 as granted peace officers under
section 16-2-104, C.R.S., which provides,
"A summons and complaint may be issued by a peace officer for an offense
constituting a misdemeanor or a petty offense committed in his presence or, if
not committed in his presence, which he has probable cause to believe was
committed and has probable cause to believe was committed by the person
charged." Section
16-2-104, C.R.S.
2.2.2. To establish the probable cause
necessary to issue a summons and complaint for an alleged misdemeanor violation
of cruelty to animals, an agent may gather necessary evidence, including
interviewing witnesses, except when gathering evidence would require the
execution of a criminal search warrant. An agent may not execute a criminal
search warrant.
2.2.3. Of the four
classifications of commissioned agents defined above in Part 1.3, the authority
to investigate alleged criminal offenses of animal cruelty involving livestock
is restricted to Colorado Department of Agriculture agents as well as law
enforcement agents employed by a sheriff and within their
jurisdiction.
2.3.
Provide Adequate Food and Water to Confined Animals
If any animal is found to be confined without adequate food
and water, an agent may as necessary enter into any and upon any area or
building where such animal is confined and supply it with adequate food and
water.
2.3.1. Such entry by an agent
shall not be made into any building which is a person's residence.
2.3.2. The agent must post a Notice of Entry
and Care at an entrance to or at a conspicuous place upon such area or building
where such animal is confined.
2.3.3. In the case of a companion animal, if
such animal is not cared for by a person other than an agent or officer of the
bureau or a peace officer or veterinarian within seventy-two hours of the
posting a Notice of Entry and Care, such animal shall be presumed to have been
abandoned under circumstances in which the animal's life or health is
endangered.
2.3.3.1. An agent may refer this
circumstance of abandonment to the commissioner's designee for potential civil
proceedings; or,
2.3.3.2. An agent
may issue a criminal summons and complaint for a misdemeanor cruelty to animals
offense.
2.4.
Lawful Interference to prevent mistreatment, neglect, abandonment or cruelty
An agent may lawfully interfere to prevent the perpetration
of an act of mistreatment, neglect, abandonment, or cruelty, pursuant to part 2
of article
9 of title
18, C.R.S., which act occurs in his or
her presence.
2.5.
Euthanasia
Any agent may lawfully euthanize or cause to be euthanized
any animal in his or her charge when, in the judgment of such agent, and in the
opinion of a licensed veterinarian, the animal is experiencing extreme pain or
suffering or is severely injured past recovery, severely disabled past
recovery, or severely diseased past recovery. In the event a licensed
veterinarian is not available, the animal may be euthanized by an agent if, by
the written certificate of two persons, one of whom may be selected by the
owner if the owner so requests, called to view the animal in the presence of
the agent, the animal appears to be severely injured past recovery, severely
disabled past recovery, severely diseased past recovery, or unfit for any
useful purpose.
