It also states that only about 9 percent of all dog breeds that exist today are responsible for the majority of attacks. Animals are sentient beings. Although many Americans love their furry friends like children, in the eyes of the law, pets are property. Under the law, dogs and other animals are, by and large, considered to be property—on more or less equal footing with tables and chairs, purses and chests of drawers. In July 2001, Rhode Island became the first state to include the term "guardian" in its pet-related legislation. In Colorado, pets are property, not children, so are not subject to custody orders in a divorce. Technically, in the eyes of the law, they are no different from a couch or … If you own a dangerous dog that damages or destroys the property of another person, you can be charged with a Colorado class 1 petty offense. Avvo has 97% of all lawyers in the US. If you sue the murderer of your beloved pooch, you can typically expect to receive the dog's replacement cost in damages. More commonly, in suits for the negligent or purposeful infliction of harm to the animal, courts hold that it is the market value of the animal that counts. (For good measure, the ordinance also eliminated the adjective "dumb" from its definition of animal, which previously referred to "any bird, mammal, reptile, or other dumb creature."). Here are a few laws in Colorado that dog owners should know about: In the end, such protections need to find their basis in something intrinsic to the animals themselves. In reaching such conclusions, courts have repeatedly emphasized that the law categorizes domestic animals as personal property. My mother asked my brother to watch her dogs while she was out of town on a couple business trips. Yes, whoever's name is on the adoption/purchase paperwork is the legal owner of the dog. Due process, search and seizure protections as provided by The U.S. Constitution apply to pets. The new ruling allows for a dog’s true worth to be considered. He lied about where he was living and where they are staying so she couldn't just show up, but she figured out where he was. Consider a family heirloom that has been passed down through generations, or a watch that belonged to a dead parent. She can file a theft report, but it is possible the police will not get involved. (At the top of my personal list would be a 1968 Volkswagen bug of which I'm inordinately fond.) Now her heroin junkie owner wants her back. Licensed in Colorado. The effort to establish a legally meaningful distinction between pets and living room sofas has recently gained momentum. A quiet revolution is underway, one that would reform the legal relationship between people and pets, and adjust legal norms to better accord with moral principles and emotional realities. Whilst my mom has been trying to get her dogs back, he sent her a message that one dog got sick in his friends car and said my mom needs to pay for the "damages". Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. She should definitely talk to local law enforcement and/or an animal lawyer. Google Chrome, As for a protection order, if he is making threats on her life and/or her dogs, it is possible she could get a protection order, but more information is needed. Last 30 Days. A companion dog is not a living room sofa. "Labeling a dog 'property,'" the Wisconsin Supreme Court acknowledged in its 2001 opinion, "fails to describe the value human beings place upon the companionship that they enjoy with a dog." The notion that animals have rights, or should be deemed to have rights, is far from accepted. Pets of the world unite; you have nothing to lose but your leashes. It should come as no surprise, therefore, that the move to redefine pets as companions has drawn fierce opposition from a number of national pet-owner associations, including the American Kennel Club. Pet owners’ damages are limited to the fair market value of their p… Dog bites are often a reason for a dog to be incarcerated (usually to watch for rabies) and for owners to be fined or jailed. A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or negle… "), While classifying dogs as property, however reluctantly, the court seemed eager to distinguish them from mere objects. 3. Northern Colorado has struggled with prairie dogs since the 1800s, Jackson said, and he expects the area always will, just like counties in Wyoming, Nebraska, Montana and South Dakota. The past 100 years have seen startling changes in our laws that might have once seemed revolutionary, proving the necessary adaptability of our legal system to changing needs and information. And its literature argues that people should not conceive of themselves as "buying" animals, but should instead as "adopting" them (making an implicit analogy to children) or even "rescuing" them (as with fugitive slaves). The IDA abjures the term "pet," preferring the more egalitarian "animal companion" or "animal friend." In these ways, they are profoundly different from property, and similar to humans. What These Laws Mean: Not Just Better Remedies When Animals Suffer Harm. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. What does this change mean? It's still the case that cats and dogs are considered property. The Backlash: Anger Against Animal Rights. Microsoft Edge. Can she file a report for theft? Exceptions can be granted by a property owner. The website reports that 81% of dog attacks are on children. The pending bill would allow Colorado residents to seek damages for "loss of companionship" in suits against intentional animal abusers and negligent veterinarians. View Website. Penalties for criminal trespass in Colorado range from as little as a fine and probation to as much as three (3) years in prison and a $100,000 fine.. Replacing the term 'owner' with 'guardian" is a conceptual move toward recognizing the importance and needs of animals.". Begin typing to search, use arrow keys to navigate, use enter to select. (Indeed, as the court might have noted, four out of five pet owners refer to themselves as the animal's "mom" or "dad. However, some cities do require licensing for cats and dogs older than six months. Animals need to be regarded as more than the material property of an owner. These laws prohibit the torture of domestic animals, even if the victimized animal belongs to the torturer. Is intentionally killing a dog or cat qualitatively different than smashing a plate? Internet Explorer 11 is no longer supported. Several cities have already passed measures that characterize pet owners as "guardians," rather than mere property owners. In San Francisco, for example, the Board of Supervisors passed an ordinance in January that amended city and county laws so that they speak of the "owner or guardian" of animals, as opposed to simply the "owner." The statute covers any "person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of, a dog." A: Yes dogs are personal property and your mom retained her ownership in them if all she did was ask him to “dog sit” or “watch” the dogs. They are instead considered as personal property, another asset, which means they are governed by the law of equitable distribution of assets. Dogs and cats are required to be inoculated and to be licensed through the Pikes Peak Humane Society. Yet a 2014 survey from the American Academy of Matrimonial Lawyers noted that disputes over pets were on the increase, with 88% fighting over dogs, and cats were a distant second at 5%. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Firefox, or The Colorado crime of criminal trespass is when a person unlawfully enters or remains on someone else’s property. Rather than conceiving of pets as material goods, a new set of laws would recognize them as sentient beings: companions, not property. At least one court has expressed discomfort with this legal characterization, even as it barred the owner of a dog that was shot and killed by an off-duty police officer from obtaining damages for her emotional distress. They feel pain and, as any pet owner or guardian can attest, they are capable of emotional attachments. Penalties for conviction of a Colorado class 1 petty offense can include: A fine up to $500, and/or 6 months in jail. Some people curse their existence; Native Americans consider them to be the smartest animal on earth, calling them "God’s dog", and many urbanites revel in opportunities to see and hear these vocal predators. The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Without my moms financial backing, he does not have the means to do this. Log In. 1 Answer | Asked in Animal / Dog Law for Colorado on Jul 20, 2020 Q: I have taken care of a dog for 3 years. This means the family dog or cat will likely be put on the list of assets to be divvied up between the two spouses in a fair and just manner. Perhaps no other wild animal has en​dured the wrath of humans while evoking such genui​ne heartfelt admiration quite like the coy​ote. What that means is that they can be bought and sold, and have few standards as to how they must be treated (outside of some minimal abuse and neglect protections). If the ramifications of recognizing that animals are something more than property are radical, so be it. Two examples are: The City of Grand Junction has granted permission for dogs to be off leash at the Canyon View dog park. Summary: These Colorado statutes represent the state's dog laws. Pet owners tend to think so. Animal Cruelty & Neglect. 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