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Colorado Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law and Small Claims for Colorado on
Q: Are there laws to protect people who get attacked/chased by “service animals” who are not on leashes and aggressive?

The dogs are aggressive and chase me and my dog who is on a leash beside me. I’m afraid to leave my apt. What do I do?

Kristina M. Bergsten
Kristina M. Bergsten answered on Apr 15, 2021

Yes. Service animals are required to be under the owner’s control at all times. So the dog cannot chase and attack you and be exempt from the law. Such behavior could fall under Colorado’s dangerous dog statute. If you are being chased or attacked by any dog, regardless of designation, you can... Read more »

1 Answer | Asked in Animal / Dog Law and Libel & Slander for Colorado on
Q: When are constant calls from animal control harassment? And what can be done?

My dad has a great Pyrenees Moutain dog. The dog lives outside to protect the chickens. Animal control has come to confirm that he has, food, water, shelter, and updates on his shots. We provided all of this and they said we are good But someone in our neighborhood is constantly calling in about... Read more »

Juliet Piccone
Juliet Piccone answered on Mar 30, 2021

Your dad is being lied to. Have him submit a Colorado Open Records Request (most have a form on their websites) to the law enforcement entity(s) asking for all records of all complaints related to his address for the past year. Those are PUBLIC records and more importantly they are records... Read more »

2 Answers | Asked in Animal / Dog Law for Colorado on
Q: A man gifted my mom his dog after his wife passed away- a couple of months later he changed his mind and is asking for

The dog back now. My mom only has texts from him saying “she’s yours you can keep her” but she is afraid that isn’t enough and he may come for the dog either legally or by force. What do we do?

Kristina M. Bergsten
Kristina M. Bergsten answered on Mar 10, 2021

The text messages give your mom a very strong case. I would highly recommend she speak to an animal attorney to help her.

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1 Answer | Asked in Animal / Dog Law for Colorado on
Q: What can I do about my neighbors dog that been crapping in my lawn for a month?

I moved in my new place a month ago and my neighbors dog craps in my yard every day, I told them to stop before and nothing, so I called the cops and nothing, after it continued for a week after the first call I called again and this officer told me it’s not his problem and I need to go confront... Read more »

Juliet Piccone
Juliet Piccone answered on Feb 21, 2021

There are usually municipal ordinances that cover this type of habitual behavior, which are usually handled by animal control or code enforcement. If you have am HOA they also probably regulate this. But you’ll need proof which means videotaping the act as many times as you can as well as (as... Read more »

2 Answers | Asked in Animal / Dog Law for Colorado on
Q: I know someone who habitually kills their own animals, rather than pay for euthanasia. Is there a law against this?

This person has killed their own pets, for reasons ranging from genuinely putting a pet out of its own misery, to the pet peeing around the house too much. It's deeply disturbing, but is there a law in Colorado regulating what methods of at-home euthanasia are allowed? If so, how would this... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Feb 5, 2021

Generally speaking, animal owners can dispose of their animals however they see fit, so long as it doesn't create unnecessary pain or suffering (i.e., shooting the dog and letting it bleed to death, instead of a "kill shot", or drowning). That said, I would recommend gathering... Read more »

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1 Answer | Asked in Family Law and Animal / Dog Law for Colorado on
Q: My girlfriend (17) has a rabbit and her stepdad is threatening to press charges if she ever brings the rabbit to his--

house again. The rabbit hasn't hurt anybody and the only problem that they've mentioned is uncleanliness. Is there any legal basis behind that or is he bluffing?

Sabra M. Janko
Sabra M. Janko answered on Feb 1, 2021

He has no grounds to press charges, however if your girlfriend's father has no custodial responsibilities for her, he has no obligation to allow her or the rabbit to come into the home. If he does have custodial responsibilities, he still has no legal obligation to allow the rabbit into the... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: What kind of POA do I need for court

My roommate needs to file an appeal for a court case she has involving our dog but she is away at treatment and can’t physically be present at court. What power of attorney can I use granting me permission to file the appeal on her behalf?

Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 12, 2021

There is probably not anything you can do to get a POA for her if she is not suffering from a medical debilitation. She needs to contact an attorney to file the appeal. She can give you permission to do it for her, but the attorney will probably need to see something in writing. You should double... Read more »

2 Answers | Asked in Animal / Dog Law and Civil Litigation for Colorado on
Q: I legally purchased a dog from an animal shelter a year ago. The previous owner somehow got my personal information fro

from the animal shelter, name, phone, address, etc., and has called me wanting the dog back. I clearly said no. He claims his ex wife gave the dog away to the shelter and he didn’t find out until 4 months later. He has since sued me and the animal shelter for custody of the dog. The dog is... Read more »

Donald C Eby
Donald C Eby answered on Jan 2, 2021

You will definitely need to defend yourself in the Court action and prove ownership. WRT your safety I recommend considering a Protective Order. You should contact an attorney to discuss this matter in more detail so that the specific facts of our case can be reviewed and you can receive detailed... Read more »

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1 Answer | Asked in Animal / Dog Law for Colorado on
Q: I boarded my 14 yr old healthy cat and my 6 yr old cat at a vets boarding facility for one week. I called during the

week to check on them and was told they were fine. When they were picked up the older cat was visibly sick and died 2 days later. Any recourse?

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 30, 2020

Yes, you’ll need to act quickly to get any surveillance footage from the facility. Most security footage is only stored for 10-14 days depending on the system. Having an attorney write a letter to preserve the evidence and a demand letter after an investigation into what happened can help either... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Negligent breeder gave me wrong dog and wants it back.

Bought a puppy in Colorado. Drove a 1k miles (roundtrip) and they gave me the dog. Two days later they inform me it's the wrong one and want it back. I say no - family already bonded. They then reported the microchip on the dog stolen which is different from the one on the contract.... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 29, 2020

That definitely sounds like an awful mess! It sounds like you’re going to need an attorney to help you fight this because you have some good defenses if it’s in small claims court. You also have some good defenses based on what you described, no matter what court the breeder takes you.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Can I press charges against my mom for neglecting and feeding my dog without my permission while I’m still in her house?

She’s refusing to let me feed my dog (who she signed over to me) what I feel is best for him. She said she will throw away the food (which if I’m understanding is my property) and refuses to feed THE DOG FOOD to my dog if I ask her to feed him. She also refuses to accept that my dog eats 1x per... Read more »

Juliet Piccone
Juliet Piccone answered on Nov 12, 2020

Do you live with your mother? I would suggest moving out and taking your dog with you and then the problem is solved. Otherwise, I think you need to talk to a landlord/tenant attorney since this is not really an animal law issue.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Outdoor dogs must have food water shelter but isn't there a regulation now that says they can only be outside for1hr?
Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 12, 2020

Unfortunately, no, there is not. People can more or less treat their dogs like trash under the Denver municipal code. Contact your city representative to get the law changed.

2 Answers | Asked in Animal / Dog Law for Colorado on
Q: An ex girl friend is trying to keep a dog I paid for she says I gave to her and I have bi polar episodes she know about.

We both have text and emails going back and forth changing our minds.I fell trick because she knew my manic depression

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 12, 2020

If you can't work something out, one of you will have to sue in court for possession.

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2 Answers | Asked in Animal / Dog Law for Colorado on
Q: Roommate asked myself and the third housemate for permission to get a husky puppy. We said no. She got the dog anyway.

She works 10-12 hours a day, 5-7 days a week, and will not have time to properly care for, nor train the animal. She has been told she has 48 hours to get rid of the animal. Both myself and the third housemate are allergic to dogs and do not wish to care for the animal. If she refuses to get rid of... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 12, 2020

No, you cannot remove or euthanize or do anything to the animal. You have absolutely zero authority to do anything to the animal. Try evicting the roommate, that is a more humane and normal part of life than killing someone else's dog. Or, you could also always move out, too.

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2 Answers | Asked in Animal / Dog Law for Colorado on
Q: My ex and I recently broke up. With out my knowledge, she removed one of my dog from my apartment, and won’t return him.

I have filled for replevin in court. I have his adoption papers, Neuter and rabies certificates and microchip registration all in my name In retaliation for the replevin she has filed for a temporary restraining order stating I pushed her. I only want my dog back. Is there anything else I can do?

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 12, 2020

You're doing everything you can at the moment!

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2 Answers | Asked in Animal / Dog Law and Land Use & Zoning for Colorado on
Q: Looking to buy land and raise a few animals. Old covenants forbid it but are no longer enforced!

We are looking to buy 3.25 acres of land in la plata county Colorado. The covenants forbid chickens and cows but are from the 1970s and no longer enforced. We want to raise a few animals for personal use. Is there a way to protect ourselves moving forward? If someone decides to now enforce these... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 12, 2020

You will have to appeal to your local zoning board to get the property rezoned. I would recommend consulting with a real estate attorney

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3 Answers | Asked in Animal / Dog Law for Colorado on
Q: My dad recently passed away. His gf has his/my dog. Is there a way to get him back?

My dad adopted Sky as a Christmas present for my sister and I when we were younger. Now the dog is with his gf and I fear she won’t agree to give him back in a civil manner.

Sean Maye
Sean Maye answered on Nov 11, 2020

The answer to your question depends on a lot of factors and you will need to consult with an attorney to assess how the specific facts/circumstances may entitle you to return of the dog or not. At first glance, it would probably be best to consult with and retain a lawyer to begin by encouraging... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on
Q: helping ex&kids by letting them stay at my home let my dog of 4yrs stay w kids found out from daughter ex gave dog away!

police animal control said theres nothing they can do ! Have receipts of adoption ,food ,vet care,kenneling and fact that I raised him since a pup! Was helping ex out by letting her and kids stay in my home and she had even bought a cat for company I would have been fine if dog went to oregon and... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 7, 2020

You will need to sue this person in replevin in county court. It is best to do this sooner, rather than later. Report the dog as missing to the chip company, too. You might also want to try calling code enforcement (they handle animal related calls in Englewood) rather than the police.

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1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My neighbor dog break all day and night call 3time and now I have to go to court

My neighbor are saying I was the problem why there dog break .I have call cops at 10 or 11 clock at night about this dog

Juliet Piccone
Juliet Piccone answered on Sep 4, 2020

I’m sorry to hear you have to go to court. From what I can gather from your post it sounds like there’s a history of animosity between you and the neighbor over the dog barking. Without knowing more, I simply would advise you to carefully read the ticket summoning you to court so you can begin... Read more »

1 Answer | Asked in Animal / Dog Law, Employment Discrimination and Employment Law for Colorado on
Q: I live in Colorado, am I allowed time off work if my dog passed away. I got fired for coming in late the day he was died

The day my dog died I had taken him to the vet in the morning for a follow up check up I called into work to let them know I was going to come in late and I was going to make him stable comfortable and I will come in to work to finish my shift, I got fired that day and their excuse was lack of... Read more »

Juliet Piccone
Juliet Piccone answered on Aug 22, 2020

You have no right to work in the state of Colorado period. Your dog has the same legal status as a toaster. Sorry.

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