§ 35-46-105 — Grazing on roads and in municipalities - penalty

Colorado § 35-46-105

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Fence Law

Text

(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.

Legislative History

Source: 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. 316, p. 1698, � 111, effective August 7. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3283, � 644, effective March 1, 2022.