(1) Unless otherwise authorized by law, it is unlawful and a violation of this article
80 for an individual or entity:
(a) To perform any of the acts of a pet animal facility for which licensure is
required without possessing a valid license under this article;
(b) To solicit, advertise, or offer to perform any of the acts for which
licensure as a pet animal facility is required without possessing a valid license to
perform such acts;
(c) To refuse to comply with a cease-and-desist order issued pursuant to
section 35-80-111;
(d) To refuse or fail to comply with the provisions of this article;
(e) To make a material misstatement in a license application, in a license
renewal application, or to the department during an official investigation;
(f) To impersonate any state, county, city and county, or municipal official or
inspector;
(g) To refuse or fail to comply with any rules or regulations adopted by the
commissioner pursuant to this article or any lawful order issued by the
commissioner;
(h) To aid or abet another in any violation of this article or any rule
promulgated by the commissioner under the provisions of this article;
(i) To import or have in such person's possession for the purpose of selling,
trading, giving, or otherwise transferring certain species of birds designated by the
commissioner that have not been legally banded with a leg band applied during the
prefeathered stage of development and appropriate to the size and species of the
bird;
(j) To sell, barter, exchange, or otherwise transfer, possess, import, or cause
to be imported into this state:
(I) Any type of turtle with a length in carapace of less than four inches;
except that a person may possess a turtle that the person has bred with a length in
carapace of less than four inches; or
(II) (A) Any species of nonhuman primate.
(B) This paragraph (j) does not apply to a research facility or exhibitor
properly licensed or registered under the provisions of the federal Animal Welfare
Act of 1970, 7 U.S.C. sec. 2131 et seq., as amended.
(k) To sell, transfer, or adopt dogs or cats under the age of eight weeks;
(k.5) To transfer cats under the minimum weight limit set by rule of the
commissioner;
(l) To sell, transfer, or adopt guinea pigs, hamsters, or rabbits under the age
of four weeks, and such other pet animal species as may be specified by the
commissioner;
(m) To alter or falsify a certificate of veterinary inspection or other
certificate of veterinary health;
(n) To import or cause to be imported a dog or cat for the purpose of sale by
a pet animal facility, unless the dog or cat has a certificate of veterinary health and,
if the dog or cat is over six months old, proof of a rabies vaccination; or
(o) (I) To sell, offer or advertise for sale or adoption, barter, or give away a
pet animal that, at the time of transfer, is physically located at or on any public
street, highway, right-of-way, parkway, median strip, park, recreation area, outdoor
market, parking lot, or other public space.
(II) Subsection (1)(o)(I) of this section does not apply to:
(A) A pet animal facility licensed under this article 80;
(B) The sale of livestock;
(C) A pet animal owner, breeder, handler, or trainer while transporting a pet
animal to or from or exhibiting or competing at an event licensed, regulated, or
sanctioned by the American Kennel Club, the United Kennel Club, or any other
nationally recognized registering organization; or
(D) Hunting dogs bred or trained for lawful hunting.
(III) Nothing in this section precludes a statutory or home rule town, city,
county, or city and county from enacting a law regulating the conduct described in
this subsection (1)(o).
(1.5) Subsections (1)(i), (1)(j), (1)(k), and (1)(l) of this section apply to all persons
and entities, including those specifically exempted pursuant to section 35-80-103
(1), (2)(a), (2)(c), and (2)(d).
(2) It is unlawful and a violation of this article 80 for any person operating a
pet animal facility:
(a) To refuse to permit entry or inspection in accordance with section 35-80-110;
(b) To sell, offer for sale, barter, exchange, or otherwise transfer immature
domestic fowl in lots of less than twenty-five as pets;
(c) To sell, offer for sale, barter, exchange, or otherwise transfer raccoons or
other animal species of wildlife that are prohibited to be kept as pets by the division
of parks and wildlife in the department of natural resources;
(d) To import or cause to be imported any pet animal for the purpose of sale,
resale, trade, or barter by a pet animal facility operator unless such operator is the
holder of a valid pet animal facility license issued pursuant to this article;
(e) To allow a license issued pursuant to this article to be used by an
unlicensed person;
(f) To make any misrepresentation or false promise through advertisements,
employees, agents, or otherwise in connection with the business operations
licensed pursuant to this article 80 or for which an application for a license is
pending;
(g) To fail to take reasonable care to release for sale, trade, or adoption only
those pet animals that are free of undisclosed disease, injury, or abnormality; and
(h) (I) Within twenty-four hours after receiving notification from a licensed
veterinarian or a pet animal owner, if the pet animal owner provides documentation
from a licensed veterinarian or other proof of treatment, of an outbreak of an
infectious disease at the pet animal facility, to fail to make every reasonable
attempt to notify all individuals who own a pet animal that is in the possession of
the pet animal facility or who used the pet animal facility during the reported
outbreak and incubation period. The pet animal facility shall provide notification of
the outbreak by:
(A) Posting notice in a conspicuous location on the pet animal facility
premises; or
(B) Posting notice on the pet animal facility's website, if one exists; or
(C) Directly contacting a pet animal owner through any means available.
(II) A pet animal facility shall disclose information regarding any outbreak of
an infectious disease that occurred at the pet animal facility within the past year to
any pet animal owner who requests such information.
(III) The short title of this subsection (2)(h) is the Clinton Pet Animal
Notification Act.
(IV) As used in this subsection (2)(h), pet animal facility means a pet care
facility licensed pursuant to this article 80 that is used in whole or in part for the
purpose of pet animal day care or boarding, grooming, or training pet animals.
(3) It is a violation of this article 80 for an employee or official of the
department or a person designated by the commissioner pursuant to section 35-80-109 (6) to disclose or use for the employee's, official's, or person's own
advantage any information derived from the reports or records submitted to the
department pursuant to section 35-80-110 or to reveal such information to anyone
except authorized persons, including officials or employees of the state, the federal
government, and the courts of this or other states.
(4) The failure by any person to comply with the provisions of paragraph (a)
or (b) of subsection (1) of this section or paragraph (f) of subsection (2) of this
section is a deceptive trade practice and is subject to the provisions of the
Colorado Consumer Protection Act, article 1 of title 6, C.R.S.