Just as there are police officers for humans, there are animal control officers for animals. Animal control officers can impound and destroy dogs and other animals if they are not kept according to the law. Violations of leash laws, species restrictions, breed bans, and loose animals are just some of the ways in which owners can violate animal laws, resulting in impoundment and citations.
Dogs are considered personal property. That means that, under the U.S. Constitution, the government cannot take property from you without due process. If animal control does euthanize or take your animal from you without notifying you, your Constitutional rights may have been violated.
Dealing with the government is always an intimidating process. While your dog getting out of the yard or pulling your leash out of your hand can be scary, the consequences and remedies are usually straight forward. The greatest risk is this instance is usually time. When you lose your dog and he’s found by animal control, cities and counties will generally hold him for only a certain amount of days before they can adopt out, sell him, or euthanize him. You are relieved when you have found your dog in time and that he is safe and sound, but now you have to go pick him up from animal control. If your dog is licensed and registered, getting him back may be as simple as paying impound fees at the office and taking him home.
Here are a few examples of Colorado impound time limits. These are for instances without other criminal charges:
Denver
Sec. 8-151. – Period of impounding.
All animals impounded shall be kept for a period of five (5) days unless sooner redeemed by their respective owners, and a fraction of a day shall be computed as being a full day for the purposes of this section.
Aurora
Sec. 14-4. (in select part) – Impoundment; court proceedings; destruction of animals.
(b) Length of impoundment. If there is probable cause to believe that there is a violation of section 14-5, 14-6, 14-7, 14-8, 14-10, 14-11, 14-12, 14-13, 14-71, 14-72, 14-74, 14-75, 14-101, 14-102 or 14-161, the animal may be taken into custody by the animal care officer or member of the police department and impounded in the animal shelter in a humane manner. Except as otherwise provided in subsection (g), such impoundment shall be for a period of not less than three days, unless earlier claimed. If the owner fails to claim the impounded animal after three days subsequent to being notified or reasonable efforts to notify have been made, the animal shall become the property of the city and shall be disposed of in a humane manner at the discretion of the city manager or designee. The owner shall still be subject to all fees and costs.
Colorado Springs
Sec. 6.7.102. (in select part) – Definitions.
IMPOUND; IMPOUNDMENT: The holding of an animal in the animal shelter as required for a violation of article 7, 8, 9, or 10 of this chapter for a period of five (5) days or until release is ordered by a Judge of the Municipal Court. This term does not include the voluntary surrender of an animal to the animal shelter by a private citizen for the purpose of relinquishing ownership.
Grand Junction
Sec. 6-12-100. (in select part) – Seizure and Impoundment.
(f) Length of Impoundment. (1) Minimum Period. Any animal impounded at Animal Services which is not reclaimed by the owner shall be held by Animal Services for a minimum of five days after acquisition by Animal Services, before it may become available for adoption or otherwise disposed of at the discretion of Animal Services, except that the Director may determine that an animal without identification, including but not limited to a microchip or collar, may be disposed of in three days if the Director determines the shelter has insufficient resources for such animal or determines that such animal is dangerous. For purposes of this section, “days” means days during which the shelter is open to the public. If the owner does not properly claim and redeem the animal within this period of impoundment, the animal may be subject to disposition under GJMC 6.12.110.
But what if it is not that simple?
If your dog is not registered with the city or county animal control, you may be charged a fine for failure to register. Getting your dog back in this instance may be relatively easy, such as signing a citation, completing registration paperwork, and paying fines and impound fees.
It gets more complicated when your dog is a banned breed, if your dog has bit someone, or if you have a pet that is not even allowed in the city or county. Several Colorado cities and counties have enacted breed-specific legislation prohibiting pit bull and pit bull mixed dogs within their jurisdiction. Each city and county have different ordinances regulating the procedure of what happens after a prohibited animal has been impounded by animal control. Nearly all jurisdictions treat impound charges as criminal charges.
Laws pertaining to pit bulls and prohibited animals are addressed in a separate post.
Municipalities and counties must provide due process, although each jurisdiction may handle their procedure differently so long as it is Constitutional. These processes vary by jurisdiction and may include a disposition hearing regarding the fate of an animal separate from hearings on other criminal charges. Additionally, unlike at trial, not all municipalities or counties guarantee that a public defender is assigned for a disposition hearing. Here are some examples of impoundment redemption procedures that are not linked to other criminal charges such as a banned animal or dangerous dog:
Denver
Sec. 8-150. – Notification and opportunity of a hearing for owner of impounded animal.
(d) When the executive director has impounded any animal pursuant to this article, and the owner of such animal disputes the reason for impoundment, the owner of such animal may file a written petition with the executive director for a hearing concerning the reason for impoundment no later than five (5) days after impoundment. If the owner prevails, the animal shall be returned to the owner and the owner shall not be required to pay a shelter impound fee or maintenance or boarding fee.
Aurora
Sec. 14-4. (in select part) – Impoundment; court proceedings; destruction of animals.
(g) Court findings; release of animal; destruction; surrender. If a complaint has been filed in the municipal court against the owner of an animal impounded for violation of section 14-6, 14-7, 14-8, 14-10, 14-12, 14-13, 14-71, 14-72, 14-74 or 14-75, the animal shall not be released from impoundment except on the order of the municipal judge. The municipal judge may, upon making a finding that the alleged owner has failed to appear for any court date on the complaint, order the animal to be surrendered to the Aurora Animal Care Division or destroyed in a humane manner. When, at a hearing for release, surrender or destruction of an animal that has been found by the municipal court, by a preponderance of the evidence, to be a pit bull, the animal shall be ordered surrendered or destroyed unless the owner produces evidence deemed sufficient by the court pursuant to section 14-75(e) that the pit bull will be permanently taken out of the city. At any other hearing for release, surrender or destruction, the animal shall be ordered surrendered or destroyed unless the municipal judge finds, by a preponderance of the evidence, there exists reasonable assurance that the animal can be safely maintained, cared for and controlled without danger to the community and that the animal does not create a nuisance to the surrounding neighbors or community. In determining whether the animal can be safely maintained, cared for and controlled by its owner, the judge shall consider all relevant and reliable evidence, whether or not the evidence is admissible at trial, including, without limitation, pre-bite or post-bite behavior indicative of aggressive or dangerous tendencies regardless of impoundment status; however, the mere absence of other instances of post-incident aggressive or dangerous behavior, regardless of impoundment status, shall not be sufficient to support a finding in favor of release. Additionally, when determination of the animal being a nuisance is made, the judge shall consider the frequency of violations and the degree of annoyance. An order of destruction or surrender of an animal shall not relieve the owner of payment of fees or costs which resulted from the impoundment.
Colorado Springs
Sec. 6.10.105. – Redemption; Animals Other than Hoofed Animals.
- The redemption fee payable by the owner or keeper of any animal, other than a hoofed animal, for any period of impoundment shall be set by resolution of City Council.
- Payment of impounding fees shall not be in lieu of any fine, penalty or license fee.
- No pet or animal required to be inoculated or licensed under sections 6.8.102 and 6.8.103 of this chapter may be redeemed until requirements for licensing and inoculation shall have been met.
Grand Junction
Sec. 6.12.110. – Redemption from impoundment and disposition.
(a) Redemption Fees Authorized. Any dog or animal may be claimed and redeemed from impoundment by the owner and released from the Animal Services Center only upon timely demand at the Animal Services Center by a properly identified owner and upon payment of all seizure fees, impoundment fees, license fees, veterinary charges, charges for unusual care and feeding, redemption fees and such other costs or fees as may be reasonably set by Animal Services personnel or as provided in GJMC 6.12.130, concerning Animal Services Center charges and fees.
(b) Disposition of Impounded Animals. Any animal not properly redeemed by the end of any required impoundment or observation period shall become the property of the City. The animal may then be disposed of by Animal Services personnel by sale, transfer, donation, adoption to a suitable owner, or by humane euthanasia. No animal shall be released from the Animal Services Center for the purpose of medical research or experimentation.
So, what should you do if your dog has been impounded?
If your dog has been impounded, the first thing you should do is call animal control and find out what they are requiring in order for you to get your dog back. If they are charging you with criminal violations or are moving forward with a disposition hearing, contact a local animal attorney immediately.
Environmental and Animal Defense represents pet owners in Colorado at an affordable rate. Contact us now for a consultation.