(1) Each pet animal facility shall apply to renew its license on or before the expiration date of the license. Said application shall be in the form and manner prescribed by the commissioner and shall be accompanied by the required renewal fee.
(2) If the application for renewal is not postmarked on or before the expiration date of the license, a penalty fee of ten percent of the renewal fee shall be assessed. No license shall be renewed until the renewal fee and any penalty fee are paid.
(3) If the application and fee for renewal are postmarked later than one calendar month after the expiration date of the license, the license shall not be renewed and the pet animal facility shall apply for a new license.
(4) The commissioner may refuse to renew a license pursuant to this section for failure to pay an outstanding civil penalty imposed under section 35-80-113.
Source: L. 94: Entire article added, p. 1303, � 8, effective July 1. L. 2004: (4) added, p. 1894, � 1, effective June 4. L. 2009: (1) to (3) amended, (SB 09-118), ch. 327, p. 1742, � 10, effective July 1.
35-80-106.3. Animal holding periods - disposition of unclaimed animals - immunity from actions over disposition of a pet animal. (1) Any pet animal held by or in the custody of a licensed animal shelter, whether public or private, and not reclaimed by the owner shall be held by the animal shelter for a minimum of five days after acquisition by the animal shelter before it may become available for adoption or otherwise disposed of at the discretion of the animal shelter; except that a shelter supervisor may determine that a pet animal without identification, including but not limited to a microchip or collar, may be disposed of in three days if such shelter supervisor determines the shelter has no additional resources for such pet animal or determines that such pet animal is dangerous. For purposes of this section, days means days during which the shelter is open to the public. If the animal shelter acquires the pet animal from the owner or an authorized representative of the owner, the pet animal becomes the property of the animal shelter at the time of transfer of the pet animal, and the pet animal may be disposed of by and at the discretion of the animal shelter. If the pet animal is abandoned, as defined in section 18-9-201 (1), C.R.S., the pet animal becomes the property of the animal shelter upon acquisition and may be disposed of by and at the discretion of the animal shelter. The animal shelter shall be the steward of stray animals for the purposes of providing prophylactic veterinary care under the written protocol and direction of the shelter veterinarian. Pet animals, which in the opinion of a veterinarian or the animal shelter supervisor, if a veterinarian is not available, are experiencing extreme pain or suffering, may be disposed of immediately by the animal shelter through euthanasia after the animal shelter has exhausted reasonable efforts to contact the owner; however, for pet animals with identification, the animal shelter shall exhaust reasonable efforts to contact the owner for up to twenty-four hours.
(2) An animal shelter and any employee thereof that complies with the minimum holding period as set forth in subsection (1) of this section or that disposes of a pet animal in accordance with the provisions of subsection (1) of this section for owner-surrendered animals, abandoned animals, or suffering animals shall be immune from liability in a civil action brought by the owner of a pet animal for the shelter's disposition of a pet animal.
(3) Nothing in this section shall preclude a town, city, city and county, or county from adopting, maintaining, or enforcing an ordinance that exceeds the minimum holding period as set forth in subsection (1) of 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 holding period as set forth in subsection (1) of this section.
Source: L. 99: Entire section added, p. 356, � 2, effective August 4. L. 2001: Entire section amended, p. 1262, � 3, effective June 5.
35-80-106.4. 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.
Source: L. 2008: Entire section added, p. 200, � 2, effective January 1, 2009. L. 2019: (1), IP(3), and (3)(d) amended, (3)(c) repealed, and (3)(e) added, (SB 19-158), ch. 409, p. 3606, � 3, effective August 2. L. 2024: (2) and (3)(e) amended and (2.3) and (2.5) added, (SB 24-045), ch. 22, p. 61, � 1, effective August 7.