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Copyright
2004-2007
All rights reserved
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Legal
Disclaimer: The following information contains only selected
sections of the Colorado Statutes. This information is provided
for your convenience but is not Official and you should not
base any financial or legal decisions on this information. For
official information, contact the State of Colorado. DKOP L.L.C.
and ranchirons.com do not warrant or offer any guarantee of
any kind regarding the information shown on this page.
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35-43-101.
Brands on livestock - evidence.
It is lawful to mark cattle and horses with the owner's brand.
When animals are brought into this state from another state
or a territory in transit from beyond the boundaries of this
state, the brand, or a copy thereof, duly certified to by the
proper officer in each state or territory, shall be received
in evidence, with like force and effect as a brand duly recorded
in this state.
History
Source: L. 13: p. 142, § 1. C.L. § 3117. CSA: C. 160,
§ 1. CRS 53: § 8-2-1. C.R.S. 1963: § 8-2-1.
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35-43-102.
Branding - evidence of ownership - penalty.
Animals which are usually branded may be branded on either side
with the owner's brand. No evidence of ownership by brands shall
be permitted in any court in this state unless the brands are
recorded as provided in section 35-43-105. Each drove of cattle
or sheep which may be driven into or through any county of this
state shall be plainly branded or marked
with one uniform brand or mark. The cattle shall be so branded
with the distinguishing ranch or road brand of the owner as
to show distinctly in such places as the owner may adopt. Sheep
shall be marked distinctly with such mark or device as may be
sufficient to distinguish the same readily, should they become
intermixed with other flocks of sheep owned in the state. Any
such owner or person in charge of such drove being driven into
or through the state who fails to comply with the provisions
of this article shall be fined not less than fifty dollars nor
more than three hundred dollars.
History
Source: G.L. § 2580. G.S. § 3171. R.S. 08: §
6351. C.L. § 3118. CSA: C. 160, § 2. CRS 53: §
8-2-2. C.R.S. 1963: § 8-2-2.
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35-43-103.
Earmarks.
Any stock grower of this state may adopt and use an earmark.
Such earmark shall be taken in evidence, in connection with
the owner's recorded brand, in all suits at law or in equity
in which the title to stock is involved. The earmark shall be
made by cutting and shaping the ear of the animal so marked;
but in no case shall the person so marking an animal cut off
more than one-half of the ear so marked; neither shall anyone
mark by cutting an ear on both sides to a point.
History
Source: G.L. § 2586. G.S. § 3173. R.S. 08: §
6352. C.L. § 3119. CSA: C. 160, § 3. CRS 53: §
8-2-3. C.R.S. 1963: § 8-2-3.
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35-43-104.
Brand distinctions - recording office.
No brand shall be used by more than one person, association,
or corporation, nor shall any brand be recorded in this state
elsewhere than in the office of the state board of stock inspection
commissioners, except as provided in section 35-43-107.
History
Source: L. 13: p. 142, § 2. C.L. § 3120. CSA: C. 160,
§ 4. CRS 53: § 8-2-4. C.R.S. 1963: § 8-2-4.
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35-43-105.
Fee to record brands - unlawful use - penalty.
(1) Any person, association, or corporation desiring to adopt
any brand, not then being the recorded brand of another person,
association, or corporation, shall forward to the state board
of stock inspection commissioners a facsimile of the desired
brand, together with a written application to adopt such brand,
and shall accompany the same with a fee of twenty-five dollars.
Upon receipt of such facsimile and fee, the state board of stock
inspection commissioners shall record the same, unless such
brand stands of record as that of some other person, association,
or corporation or is in conflict with the same, in which case
the state board of stock inspection commissioners shall not
record the same but shall return such facsimile and fee to the
party sending the same.
(2)
It is unlawful for any person, association, or corporation to
brand or cause to be branded any livestock with a brand which
has not been recorded with the state board of stock inspection
commissioners, as provided in subsection (1) of this section,
or with a brand which has been previously recorded by another
person, association, or corporation. When any owner of a recorded
brand in use in this state moves his cattle, branded with his
own brand, to a new and different range or locality in this
state within which territory there is in use a conflicting or
similar recorded brand, the state board of stock inspection
commissioners may order such recorded brand owner so moving
to a new range or locality to discontinue the use of his recorded
brand in that locality; and the board, at its discretion, may
cancel such brand ordered to be so discontinued.
(3)
Any person, association, or corporation or any employee thereof
who violates any of the provisions of subsection (2) of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of not less than fifty dollars nor
more than five hundred dollars, or by imprisonment in the county
jail for not less than thirty days nor more than one year, or
by both such fine and imprisonment.
History
Source: L. 13: p. 142, § 3. L. 19: p. 510, § 1. C.L.
§ 3121. CSA: C. 160, § 5. L. 45: p. 668, § 1.
L. 47: p. 848, § 1. CRS 53: § 8-2-5. L. 55: p. 154,
§ 1. C.R.S. 1963: § 8-2-5. L. 67: p. 142, § 1.
L. 73: p. 218, § 1.
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35-43-106.
Certified copy of brand - fee.
Upon the recording of any brand, the owner thereof shall be
entitled to one certified copy of the record of such brand from
the state board of stock inspection commissioners, the certificate
to be signed by the brand commissioner or the secretary of the
board. Additional certified copies of said record may be obtained
by anyone upon the payment of one dollar for each copy.
History
Source: L. 13: p. 143, § 4. C.L. § 3122. CSA: C. 160,
§ 6. CRS 53: § 8-2-6. C.R.S. 1963: § 8-2-6.
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35-43-107.
Recording by county clerk and recorder.
It is unlawful for the county clerk and recorder of any county
in this state to record any brand, unless previously recorded
in the office of the state board of stock inspection commissioners.
History
Source: L. 13: p. 143, § 5. C.L. § 3123. CSA: C. 160,
§ 7. CRS 53: § 8-2-7. C.R.S. 1963: § 8-2-7.
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35-43-108.
brand
book.
It is the duty of the state board of stock inspection commissioners,
from time to time as it may be necessary, to cause to be published
in book form a list of all brands on record at the time of such
publication. The board, at its discretion, may cause to be issued
a supplement to the brand
book issued, containing the additional
brands or changes in ownership of brands between the time of
the last publication and the time of issuing such supplement,
for the use of the department and its employees. Such brand
book and supplements thereto shall contain a facsimile of every
brand recorded, together with the owner's name and post-office
address. Said records shall be arranged in convenient form for
reference. Said books and supplements may be sold to the general
public at approximate cost. The brand
book and other publications
circulated in quantity outside the executive branch shall be
issued in accordance with the provisions of section 24-1-136,
C.R.S.
History
Source: L. 13: p. 143, § 6. C.L. § 3124. CSA: C. 160,
§ 8. L. 49: p. 690, § 1. CRS 53: § 8-2-8. L.
55: p. 155, § 2. C.R.S. 1963: § 8-2-8. L. 64: p. 126,
§ 31. L. 83: Entire section amended, p. 843, § 72,
effective July 1.
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35-43-109.
Brands personal property - recording by board - effect.
Any brand recorded shall be the property of the person, association,
or corporation causing such record to be made and shall be subject
to sale, assignment, transfer, devise, and descent as personal
property. Instruments of writing evidencing the sale of such
brand, assignment, or transfer shall be recorded by the state
board of stock inspection commissioners, and the fee for recording
such sale, assignment, or transfer shall be twenty-five dollars.
The recording of such instruments of writing shall have the
same force and effect as to third parties as the recording of
instruments affecting real estate, and a certified copy of the
record of any such instrument may be introduced in evidence
the same as is provided for the certified copies of instruments
affecting real estate.
History
Source: L. 13: p. 144, § 7. C.L. § 3125. CSA: C. 160,
§ 9. CRS 53: § 8-2-9. L. 55: p. 155, § 3. C.R.S.
1963: § 8-2-9. L. 67: p. 142, § 2. L. 73: p. 218,
§ 2.
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35-43-110.
Proof of ownership - evidence.
In all suits at law or in equity or in any criminal proceeding
when the title to animals is involved or proper to be proved,
the certified copy provided for in section 35-43-106 shall be
prima facie evidence of the ownership of such animal by the
person whose brand it may be. Proof of the right of any person,
association, or corporation to use such brand shall be made
by a copy of the record of same, certified to by the state board
of stock inspection commissioners by its secretary or the brand
commissioner.
History
Source: L. 13: p. 144, § 8. C.L. § 3126. CSA: C. 160,
§ 10. CRS 53: § 8-2-10. C.R.S. 1963: § 8-2-10.
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35-43-111.
Earmarking sheep and hogs.
Statute text
Any owner of sheep or hogs may use an earmark, tag, or brand
to designate ownership of and title to the same, which shall
be subject to the provisions of this article in respect to brands.
History
Source: L. 13: p. 145, § 10. C.L. § 3127. CSA: C.
160, § 11. CRS 53: § 8-2-11. C.R.S. 1963: § 8-2-11.
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35-43-112.
Other animals - earmarks.
Statute text
Owners of animals other than sheep or hogs in this state may
use earmarks, and these earmarks shall be taken in evidence
in connection with the owner's recorded brand in all suits at
law or in equity or in any criminal proceedings when the title
to such property is involved or proper to be proved.
History
Source: L. 13: p. 145, § 11. C.L. § 3128. CSA: C.
160, § 12. CRS 53: § 8-2-12. C.R.S. 1973, § 8-2-12.
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35-43-113.
Publication of brands and transfers.
Statute text
Upon the first of every month or as soon thereafter as possible,
the state board of stock inspection commissioners shall cause
to be exhibited in the office of the county clerk and recorder
in all counties in the state and post, when permissible, in
Colorado licensed livestock markets a list showing all the brands
and transfers recorded for the previous calendar month. Said
list shall show a facsimile of the brand, the name of the owner,
and the owner's post-office address, county, and state. The
list shall remain posted until the following month when the
new list is posted. Complete brand records shall be kept on
file for inspection by the public at the office of each county
clerk and recorder, and also kept on file by all local brand
inspectors. The list shall also be published in the official
state livestock paper or publication required under section
35-44-109.
History
Source: L. 13: p. 145, § 12. C.L. § 3129. CSA: C.
160, § 13. CRS 53: § 8-2-13. L. 63: p. 184, §
1. C.R.S. 1963: § 8-2-13. L. 71: p. 163, § 1.
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35-43-114.
Fees - disposition - report.
Statute text
All fees and money collected by the state board of stock inspection
commissioners shall be deposited in the brand inspection fund
unless otherwise provided by law. The board shall prepare and
transmit annually, in the form and manner prescribed by the
heads of the principal departments pursuant to the provisions
of section 24-1-136, C.R.S., a report accounting to the governor
for the efficient discharge of all responsibilities assigned
by law or directive to the board.
History
Source: L. 13: p. 145, § 13. C.L. § 3130. CSA: C.
160, § 14. CRS 53: § 8-2-14. C.R.S. 1963: § 8-2-14.
L. 64: p. 126, § 32. L. 83: Entire section amended, p.
843, § 73, effective July 1. L. 2002: Entire section amended,
p. 879, § 11, effective August 7.
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35-43-115.
Assessment of brands.
(1) To revise and disencumber the brand records of unused brands
and to provide funds with which to publish new brand books and
otherwise assist in the operational cost of the division of
brand inspection, the state board of stock inspection commissioners
has the authority to impose an assessment, not to exceed thirty
dollars per year or any fraction of a year and not to exceed
one hundred fifty dollars in any one assessment period, on every
brand recorded in the office of the state board of stock inspection
commissioners on or before January 1, 2002, to cover the five-year
period beginning on January 1, 2002, and ending on December
31, 2006, and like assessments covering every five years thereafter.
It is the duty of the board to notify every owner of a recorded
brand of such assessment through the United States mail by letter
addressed to the owner at the owner's post-office address as
given in the brand records. The assessment shall be due and
payable within ninety days after January 1 of the assessment
year. If any owner of a recorded brand fails or refuses to pay
such assessment within said ninety days, the board may mail
a second notice by certified mail. If, within ninety days after
the second mailing, any owner of a recorded brand fails or refuses
to pay such assessment, such brand shall be cancelled from the
valid registry of livestock brands in the office of the state
board of stock inspection commissioners and may be reissued
and recorded as a new brand after the expiration of three years
from the date of such cancellation. The state board of stock
inspection commissioners shall give a receipt for any such payment.
(2)
Repealed.
(3)
As to any brand recorded prior to the beginning of any assessment
period, the state board of stock inspection commissioners shall
require one payment of all assessments for the entire five-year
period. As to any brand recorded on or after the commencement
of any assessment period, the state board of stock inspection
commissioners shall make the assessment for the year or fractional
part of the year in which the brand is recorded and for the
remaining years within that five-year period and shall require
one payment of all such assessments.
(4)
All moneys collected by the state board of stock inspection
commissioners from brand assessments shall be credited to a
separate account within the brand inspection fund to be known
as the brand assessment account. All moneys credited to such
account and all interest earned on investments from moneys credited
to such account shall be a part of the brand assessment account
and shall be available for appropriation by the general assembly
for purposes provided by law.
History
Source: L. 13: p. 146, § 16. L. 19: p. 508, § 1. C.L.
§ 3133. L. 27: p. 663, § 1. CSA: C. 160, § 17.
CRS 53: § 8-2-15. L. 55: p. 156, § 4. L. 61: p. 178,
§ 1. C.R.S. 1963: § 8-2-15. L. 65: p. 222, §
1. L. 67: p. 142, § 3. L. 73: p. 219, § 3. L. 76:
Entire section R&RE, p. 747, § 1, effective May 7.
L. 77: (4) added, p. 1612, § 1, effective July 1. L. 79:
(1) amended, p. 1332, § 1, effective May 18. L. 81: (2)
amended, p. 1709, § 2, effective July 1. L. 89: (1) and
(2) amended, p. 1404, § 2, effective May 2. L. 98: (1)
and (3) amended, p. 264, § 3, effective August 5.
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35-43-115.5.
Abandoned brands - procedure - sale - proceeds.
Statute text
(1) Any brand that has been cancelled for nonpayment of the
assessment pursuant to section 35-43-115 (1) and that, as of
June 30 of any assessment year, has remained unclaimed for at
least five years since the date of cancellation shall be presumed
abandoned, and all claims or interests in such brand shall be
deemed forfeited.
(2)
In accordance with the "State Administrative Procedure
Act", article 4 of title 24, C.R.S., the state board of
stock inspection commissioners shall adopt rules governing the
publication and sale of abandoned brands. Such rules shall include,
without limitation, provisions for the publication of a notice
of abandoned brands and procedures for the public sale of such
brands.
(3)
The purchaser of an abandoned brand at a public sale shall take
all rights to the brand free and clear of all liens and encumbrances
of the prior owner or of any other person. The state board of
stock inspection commissioners shall provide all documents necessary
to effectuate the transfer of ownership of the brand.
(4)
The proceeds of the sale of an abandoned brand, net of expenses
of the sale, shall be credited to the brand assessment account
in the brand inspection fund.
History
Source: L. 98: Entire section added, p. 265, § 4, effective
August 5.
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35-43-116.
Wrongful branding - penalty.
If any person, association, or corporation willfully and knowingly
brands, or causes to be branded, an animal which is the property
of another with his or her brand or any brand which is not the
recorded brand of the owner or willfully and knowingly effaces,
defaces, or obliterates any brand or mark upon such an animal,
such person or any officer or director of any such association
or corporation commits a class 6 felony and shall be punished
as provided in section 18-1.3-401, C.R.S.
History
Source: L. 13: p. 144, § 9. C.L. § 3134. CSA: C. 160,
§ 18. CRS 53: § 8-2-16. C.R.S. 1963: § 8-2-16.
L. 73: p. 1394, § 3. L. 79: Entire section amended, p.
704, § 84, effective July 1. L. 89: Entire section amended,
p. 848, § 127, effective July 1. L. 2002: Entire section
amended, p. 1549, § 320, effective October 1.
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35-43-117.
Use of false brand - damages.
Any person who brands or marks, or causes to be branded or marked,
any animal which is the property of another with his brand or
any brand which is not the recorded brand of the owner or effaces,
defaces, or obliterates any brand or mark upon any animal is
guilty of theft and, upon conviction thereof, shall be liable
to the owner thereof for three times the value of the animal
so branded or marked or upon which the brand or mark has been
effaced, defaced, or obliterated. Payment of the forfeiture
provided in this section shall not entitle the person so branding,
effacing, defacing, or obliterating a brand to the property
right in the animal so branded or upon which the brand was effaced,
defaced, or obliterated, but such animal shall be surrendered
to the proper owner.
History
Source: G.L. § 2582. G.S. § 3177. R.S. 08: §
6368. C.L. § 3136. CSA: C. 160, § 20. CRS 53: §
8-2-17. C.R.S. 1963: § 8-2-17. L. 73: p. 1395, § 4.
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35-43-118.
Maverick defined - branding penalty.
(1) All neat cattle and horses found running at large in this
state without a mother and upon which there is neither mark
nor brand shall be deemed a maverick and shall be sold to the
highest bidder for cash at such time and place and under such
rules and orders as the state board of stock inspection commissioners
prescribes. Nothing in this section shall be construed to apply
to domestic or blooded stock owned and kept in cities or towns
or on private farms that may stray upon the open range, and
all such animals that are claimed, identified, and proven may
be reclaimed.
(2)
Any person who marks, brands, or causes to be marked or branded,
or in any way converts to his use any animal known and designated
by law as a maverick, if not by law authorized to do so, or
who knowingly allows such marking, branding, or conversion,
as is prohibited by this section, to be done by his employee
or agent in his behalf is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by imprisonment in the
county jail for not less than three months nor more than one
year. History Source: L. 1887: p. 426, § 1. R.S. 08: §
6372. C.L. § 3138. CSA: C. 160, § 22. L. 53: p. 595,
§ 1. CRS 53: § 8-2-18. C.R.S. 1963: § 8-2-18.
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35-43-119.
Stock mixed with drove - penalty.
When the stock of any resident intermixes with any drove of
animals, it is the duty of any drovers or persons in charge
to cut out and separate such stock from said drove immediately,
except in case of sheep and horses, which shall be driven to
the nearest suitable corral to be separated. Any person, either
owner or drover, or otherwise connected with the management
of such drove, who neglects to comply with the provisions of
this section, shall be fined not more than five hundred dollars
for every offense, and shall be liable to indictment for theft.
History
Source: G.L. § 2588. G.S. § 3181. R.S. 08: §
6373. C.L. § 3139. CSA: C. 160, § 23. CRS 53: §
8-2-19. C.R.S. 1963: § 8-2-19.
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35-43-120.
Trespassing on lands - injuring resident - penalty.
(1) It is the duty of any person owning or having charge of
any drove of cattle, horses, or sheep, who when driving the
same into or through any county of Colorado of which the owner
is not a resident or landowner and where the land in such county
is occupied and improved by settlers and ranchers, to prevent
the same from mixing with the cattle, horses, or sheep belonging
to the actual settlers and also to prevent said drove of cattle,
horses, or sheep from trespassing on such land as may be the
property or in the possession of the actual settler and used
by him for the grazing of animals or the growing of hay or other
crops or from doing injury to ditches.
(2)
Any owner or person in charge of any such drove of stock who
willfully injures any resident of the state by driving such
drove of stock from the public highway and herding the same
is guilty of a misdemeanor and, upon conviction thereof, shall
be punished by a fine of not less than twenty-five dollars nor
more than one hundred dollars. The owner or person in charge
of the drove so trespassing shall be liable for the damages
done to the settler.
History
Source: G.L. § 2590. G.S. § 3184. R.S. 08: §
6374. C.L. § 3140. CSA: C. 160, § 24. CRS 53: §
8-2-20. C.R.S. 1963: § 8-2-20.
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35-43-122.
Penalty.
Statute text
Any person who violates the prohibitions of section 35-43-121
shall pay a fine of twenty-five dollars for each day in which
the offense is continued, and such fine may be recovered in
the name of the people in the county court or the district court
of the proper county.History
Source: G.L. § 2558. G.S. § 3138. R.S. 08: §
6378. C.L. § 3144. CSA: C. 160, § 28. CRS 53: §
8-2-24. C.R.S. 1963: § 8-2-24. L. 64: p. 204, § 5.
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35-43-123.
Thoroughbred rams must be herded.
Statute text
It is the duty of any owner or agent of any owner of thoroughbred
rams of any description to herd them or keep them enclosed.
Any owner or agent who refuses to comply with the provisions
of this section shall be punished by a fine of not less than
twenty-five dollars nor more than one hundred dollars.
History
Source: L. 1879: p. 190, § 1. G.S. § 3139. R.S. 08:
§ 6379. C.L. § 3145. CSA: C. 160, § 29. CRS 53:
§ 8-2-27. C.R.S. 1963: § 8-2-27.
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35-43-124.
Fines paid into school fund.
Statute text
Any fines arising from a violation of section 35-43-123 shall
be paid into the school fund of the county in which such violation
occurs.
History
Source: L. 1879: p. 190, § 2. G.S. § 3140. R.S. 08:
§ 6380. C.L. § 3146. CSA: C. 160, § 30. CRS 53:
§ 8-2-28. C.R.S. 1963: § 8-2-28.
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35-43-125.
No hogs to run at large.
Statute text
No hog or swine shall be permitted to run at large, and the
owner of any hog or swine trespassing on the property of any
person is liable in treble the damages occasioned by such trespass
and a fine of not less than five dollars nor more than ten dollars
for each offense.
History
Source: G.L. § 2591. G.S. § 3175. R.S. 08: §
6386. C.L. § 3242. CSA: C. 160, § 159. CRS 53: §
8-2-29. C.R.S. 1963: § 8-2-29.
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35-43-126.
Dog worrying stock.
Any dog found running, worrying, or injuring sheep, cattle,
or other livestock may be killed, and the owner or harborer
of such dog shall be liable for all damages done by it.
History
Source: G.L. § 2578. G.S. § 3176. R.S. 08: §
6387. C.L. § 3152. CSA: C. 160, § 40. CRS 53: §
8-2-33. C.R.S. 1963: § 8-2-33. L. 73: p. 1395, § 5.
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35-43-127.
Skinning carcass without right.
Any person who skins or removes from the carcass any part of
the skin, hide, or pelt of any cattle or sheep without permission
from the owner is guilty of theft and, upon conviction thereof,
shall be punished in the manner provided by law for the punishment
of theft. Nothing in this section shall be deemed to prevent
the skinning of animals killed by railroad companies by the
employees of any railroad company by which such stock may have
been killed.
History
Source: L. 68: p. 41, § 1. C.R.S. 1963: § 8-2-38.
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35-43-128.
Theft of certain animals - penalty.
Any person who commits theft of, or knowingly kills, sells,
drives, leads, transports, or rides away, or in any manner deprives
the owner of the immediate possession of any cattle, horses,
mules, sheep, goats, swine, or asses, either live or slaughtered,
or any portion of the slaughtered carcass thereof, or any person
who commits theft of, or knowingly kills, sells, drives, leads,
transports, or rides away, or in any manner applies to the person's
own use any cattle, horses, mules, goats, sheep, asses, or swine,
either live or slaughtered, or any portion of the slaughtered
carcass thereof, the owner of which is unknown, or any person
who knowingly purchases from anyone not having the lawful right
to sell and dispose of the same any cattle, horses, mules, sheep,
goats, swine, or asses, either live or slaughtered, or any portion
of the slaughtered carcass thereof, commits a class 4 felony
and shall be punished as provided in section 18-1.3-401, C.R.S.
History
Source: L. 68: p. 41, § 1. C.R.S. 1963: § 8-2-39.
L. 77: Entire section amended, p. 883, § 61, effective
July 1, 1979. L. 89: Entire section amended, p. 848, §
128, effective July 1. L. 94: Entire section amended, p. 1724,
§ 26, effective July 1. L. 2002: Entire section amended,
p. 1550, § 321, effective October 1.
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35-43-129.
Branding of calves required - exceptions.
(1) It is unlawful for any person, company, or corporation to
sell, offer for sale, slaughter, or move, either within the
state or to a destination outside of Colorado, any calf under
weaning age that is not branded with a Colorado recorded brand
of the owner of the mother cow. A brand upon any calf shall
be past the peeling state at the time that a calf is sold, offered
for sale, slaughtered, or moved, except in the following cases:
(a)
When the calf is accompanied by its branded ownership-proven
mother;
(b)
When the calf is accompanied by a current brand certificate
issued by a duly authorized Colorado brand inspector after inspection
at a time when such calf is with its branded ownership-proven
mother;
(c)
When the calf is a registered purebred breed or pure dairy breed,
but this exception shall not apply to a crossbred calf.
(2)
Any person, company, or corporation whose principal operation
consists of feeding cattle for slaughter or operating a dairy
may apply to the state board of stock inspection commissioners
for a permit authorizing such person, company, or corporation
to sell or offer for sale a calf under ten days old, which was
born at the dairy or in the feed lot, without meeting the requirements
of subsection (1) of this section. Such application shall be
accompanied by a description of the operation. Upon determining
that the applicant is qualified, the board shall issue a numbered
permit to the applicant. Any calf under ten days old which is
sold or offered for sale shall have affixed an eartag, supplied
by the board, which bears the applicant's permit number. A calf
sold under the provisions of this subsection (2) shall be accompanied
by a duly executed bill of sale containing the owner's permit
number and signed by the dairy owner or the feed lot owner.
(3)
If a Colorado brand inspector is called to inspect an unbranded
or freshly branded calf with its mother, any mileage expense
shall be paid by the owner in addition to any brand inspection
fee.
(4)
Any person, company, or corporation who violates any of the
provisions of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not less
than one hundred dollars nor more than five hundred dollars
and by imprisonment in the county jail for not more than ninety
days. For a second or subsequent violation, such person, company,
or corporation shall be punished by a mandatory fine of not
less than five hundred dollars and by imprisonment in the county
jail for of not less than ten days.
(5)
Unbranded calves subject to this article, when found by brand
inspectors at public livestock markets or at shipping points,
shall be handled as estrays or questionable ownership livestock
according to sections 35-43-118 and 35-53-107.
History
Source: L. 73: p. 224, § 1. C.R.S. 1963: § 8-2-40.
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35-43-130.
Cattle in feedlots.
(1) A Colorado brand inspector shall inspect all cattle entering
a Colorado custom feedlot for feeding under a custom contract
if the cattle are not accompanied by a brand certificate or
valid documentation of purchase listing all brands, or no brands.
In addition, all cattle entering Colorado for grazing purposes
under a leased grazing agreement, owned by a nonresident, shall
also be inspected by a duly authorized Colorado brand inspector.
The brand inspector shall issue a certificate of inspection
to the proven owner and a copy of such certificate to the custom
feedlot operator or ranch manager after ownership is established
and before the cattle are mixed with any other cattle or turned
loose for grazing. Upon completion of the inspection, said inspector
shall collect an inspection fee in the amount prescribed by
the state board of stock inspection commissioners pursuant to
section 35-41-104. If the cattle are carrying more than two
consistent brands, the owner shall mark or brand all of his
cattle with the same brand, with one of the two existing brands,
with a brand of valid registry of the owner, with an ear tag
specifically identifying each animal to a specific feedlot,
or otherwise identify the cattle as prescribed by the board.
Evidence of this brand or permanent mark shall be shown on the
certificate of inspection in addition to brands or no brands
found on the inspected cattle for future reference of valid
proven ownership. When ear tags are utilized, each ear tag shall
be legible and at least one inch in height and two inches in
width.
(2)
Any lessee, lessor, commercial feedlot owner, or established
livestock owner who violates any of the provisions of this section
commits a class 1 petty offense and shall be punished as provided
in section 18-1.3-503, C.R.S. For a second or subsequent violation,
such person described in this subsection (2) commits a class
3 misdemeanor and shall be punished as provided in section 18-1.3-501,
C.R.S.
History
Source: L. 75: Entire section added, p. 1349, § 1, effective
July 1. L. 81: Entire section amended, p. 1710, § 3, effective
July 1. L. 89: (1) amended, p. 1406, § 6, effective May
2. L. 2002: (2) amended, p. 1550, § 322, effective October
1.
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