8 Colo. Code Regs. § 1201-18, pt. 2
Current through Register Vol. 47, No. 22, November 25, 2024
Part 2 - Agent Authorities2.1. 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.
39 CR 23, December 10, 2016, effective 12/30/201641 CR 09, May 10, 2018, effective 5/30/201846 CR 02, January 25, 2023, effective 12/19/202246 CR 02, January 25, 2023, effective 2/15/2023