First Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 09-0316.01 Ed DeCecco HOUSE BILL 09-1019 HOUSE SPONSORSHIP Peniston, SENATE SPONSORSHIP Foster, House Committees Senate Committees Local Government A BILL FOR AN ACT Concerning cat identification. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires the owner of a cat that is 4 months or older to ensure that the cat has a form of identification on or in its body. Establishes forms of acceptable identification. Prohibits unauthorized persons from removing a cat's identification. Permits a city to enforce the identification provisions. Requires revenue from fines related to violations of the identification provisions to be used by a city for animal-related purposes. Requires an owner to comply with the cat identification requirement before an impounded cat may be released to the owner. Specifies that the act only applies to a city of a certain size. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 15 of title 31, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read: PART 11 CAT IDENTIFICATION 31-15-1101. Legislative declaration. (1) The general assembly hereby finds and declares that requiring an owner to identify his or her cats and to keep that identification current would: (a) Help facilitate the swift return of lost cats and help to increase overall return-to-owner rates; (b) Provide a method to help distinguish between owned and abandoned cat populations, which assists animal care and control agencies in carrying out their missions more efficiently; (c) Allow cities to hold cat owners responsible for their cats; (d) Reduce the number of unwanted or abandoned cats, reduce cat overpopulation problems, and reduce the costs to cities for euthanizing at-large, abandoned, or unwanted cats; (e) Encourage cat owners to take full responsibility for their cats' welfare and help owners to further value them; (f) Provide revenue to cities to offset some of the cost of animal services; and (g) Help support public health and safety in the control of rabies and other zoonotic diseases that can be spread by abandoned or unvaccinated, at-large animals. 31-15-1102. Definitions. As used in this part 11, unless the context otherwise requires: (1) "Cat" means a domesticated cat. (2) "City" means a city or city and county. (3) "Feral cat" means a wild, unsocialized, or untamed cat. (4) "Owner" means any person who keeps, has permanent custody of, owns, maintains, harbors, provides care or sustenance for, or has control or charge of or responsibility for a cat or who permits a cat to habitually be or remain on or be lodged or fed within such person's property or premises. Refusal to permit an animal control officer to impound a cat shall be deemed to be evidence of ownership unless ownership of the cat by another person is established. 31-15-1103. Cat identification requirement - penalty for violation. (1) (a) The owner of a cat that is four months or older shall ensure that the cat has on or in its body at all times a form of identification that enables a properly equipped law enforcement officer or animal control officer to readily ascertain the name, current home address, and current telephone number of the owner. Such identification includes but is not limited to a durable tag affixed to the correctly fitting collar or harness of a cat or a surgically implanted microchip that is currently registered with a national database. An owner whose cat is wearing an attached, current license tag issued by a city or a county in which the owner and the cat reside shall be deemed to be in compliance with the requirements of this subsection (1). (b) Paragraph (a) of this subsection (1) does not apply to a person who manages a feral cat colony where the feral cats are identified by a tipped or notched ear. (2) It is unlawful for any person other than the owner, an animal control officer, a licensed veterinarian, a groomer, an employee of a pet boarding facility, an employee of a licensed animal shelter, or a person authorized by an animal control officer or the owner to remove the identification required pursuant to subsection (1) of this section from a cat. (3) (a) Each city may enforce the provisions of this section and establish fines for each violation. Such fines shall be per animal per violation, and each and every violation that goes unremedied for thirty days constitutes a subsequent offense and subsequent fines may apply. (b) Each person fined for violating this section shall remit such fines to the city clerk where the violation occurred. The revenue from the fines shall be used by the city for enforcing animal control laws or ordinances or for programs to house and care for cats. 31-15-1104. Impounded cats. An impounded at-large or roaming cat without identification shall not be released to the owner until the owner complies with the identification requirements of section 31-15-1103. 31-15-1105. Application of this part. This part 11 only applies to a city with a population greater than one hundred thousand people. Nothing in this part 11 shall prevent a city from enacting more stringent regulations. SECTION 2. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on May 6, 2009); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.