2023 Colorado Revised Statutes
Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102)
LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104)
Article 46 - FENCE LAW (§§ 35-46-101 — 35-46-115)
Section 35-46-105 - Grazing on roads and in municipalities - penalty
- (1) It is unlawful for the owner or any person in charge of any livestock knowingly to cause or permit such livestock to graze or run at large in any incorporated or unincorporated municipality, lane, road, or public highway if the same is separated from the land or range of such owner or person in charge by a fence or other barrier sufficient to keep livestock from reaching such municipality, lane, road, or public highway. In case any such livestock so running at large is killed or injured by any vehicle, the owner, driver, or person in charge of such vehicle shall not be liable therefor if the killing or injury is not malicious, willful, or wanton. Nothing in this section shall be applicable to livestock having a person in charge when such livestock are being driven on or through such municipalities, lanes, roads, or public highways or when range livestock being ranged on their usual range or allotments have broken through maintained drift fences or cattle guards and are on the premises unknown to the owners.
- (2) Any person violating this section commits a civil infraction. It is the duty of every Colorado state trooper, sheriff, or other peace officer to prefer charges against any person violating this section and take custody of such livestock and place them on feed and water. Such livestock may be placed by such officer in the custody of a responsible person who shall care for the same pending disposition of any court action under this section. The livestock may be held in case of conviction of the owner or other person in charge for the payment of any reasonable costs of handling, care, and feed and of court and for the payment of all fines which may be levied against said owner or other person in charge. In the event such costs and fine are not paid within ten days after the entry of judgment, such court, after reasonable notice to such owner and any known persons in interest as determined by the court, may order sufficient numbers of such livestock sold to pay such costs and fine.
- (3) In cases where such livestock are horses, mules, or burros of inferior quality and of the apparent value of less than thirty-five dollars per head and the owner or any other person in interest cannot be found after reasonable search and inquiry, the state board of stock inspection commissioners, or its duly authorized representative, after posting of notice at a conspicuous place at the courthouse of the county where such livestock are found for a period of ten days, may sell such livestock at private or public sale as stated in said notice, and the proceeds of such sale remaining after the payment of all reasonable costs shall be held for the owner or other person in interest when found as is provided by law for estray funds.
Amended by 2021 Ch. 462, § 644, eff. 3/1/2022.
Amended by 2013 Ch. 316, § 111, eff. 8/7/2013.
L. 17: p. 347, § 8. L. 21: p. 567, § 1. C.L. § 3160. CSA: C. 160, § 63. L. 39: p. 554, § 1. L. 47: p. 850, § 1. L. 53: p. 591, § 8. CRS 53: § 8-13-5. C.R.S. 1963: § 8-13-5. L. 2013: (2) amended, (HB 13-1300), ch. 1698, p. 1698, § 111, effective August 7. L. 2021: (2) amended, (SB 21-271), ch. 3283, p. 3283, § 644, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For disposition of proceeds from sale of estrays, see § 35-44-106 ; for laws pertaining to hogs running at large, see § 35-43-125 ; for laws pertaining to horses and mules running at large, see article 47 of this title; for powers of municipalities to restrain and impound estrays, see § 31-15-401(1)(m) .
