AGGRESSIVE ANIMAL LAW IN DENVER

All dog breeds can become aggressive under the conditions of poor socialization, failure to sterilize, or targeted training for dogfights. Denver’s current ordinance fails to address all of the dogs that could potentially harm members of the community. Currently, Denver does not provide a comprehensive solution to prevent dog bites and attacks or effective means of dealing with dog attacks when they occur.

Action:
1. Pass an effective Aggressive Animal ordinance in Denver that recognizes that any dog, regardless of breed, is potentially dangerous or considered dangerous if the dog has demonstrated aggressive behavior. The aggressive animal law should address different levels of aggressive behavior. The goal is to protect the public by encouraging owners to take action to control and manage their dogs – through spay/neuter training, and responsible pet ownership classes – before the dogs’ behavior causes them to be classified at a higher level of aggression.
a. The law would assign a level of potential danger, with restrictions and penalties for each level.
b. An aggressive animal law will require mandatory spay/neuter (no intact permits allowed – 90% of fatal dog attacks are by dogs that have not been spayed or neutered), education, and training to encourage owners to take responsibility before a serious injury or death occurs.
c. Dogs and owners can earn lower levels, and can even be declared no longer potentially dangerous.
2. Consider banning tethering or chaining and excessive caging or crating of dogs – CDC has found that tethered or chained dogs are 2.8 times more likely to bite.
3. Offer free or low cost training and education about the importance of socializing dogs early and making them part of the family. 81% of dogs involved in fatal dog attacks were isolated and not a part of the family.
4. Work to stop the cultural glorification of certain breeds of dogs as aggressive and dangerous (pit bulls).

Elements
1. The aggressive animal law needs to be clear, fair, and have easy to follow procedure.
a. The law needs to have a well-defined procedure for determining whether a dog is aggressive or dangerous.
b. The procedure should include a complaint process, a notice period for owners, a hearing, and procedures that would allow dogs to be removed from the list after meeting some objective criteria (e.g., passing a behavior test, combined with X number of months with no reported incidents.)
2. Owners are held accountable
a. A mechanism would be created that tracks ordinance violations by owner, not by the individual dog involved. (e.g., if an owner has two dogs, and each is found running at large on separate occasion, the ordinance should allow animal control officers to charge the owner with an elevated penalty for the second infraction, despite it being the individual animal’s first incident).
3. No injury to people or animals required for action.
a. Inclusion of a classification for dogs that have not yet attacked or killed people or animals, but have shown a propensity towards aggressive/vicious behavior.
4. Increased penalties
a. Increased penalties for the first and second “running at large” incidents and other violations of animal control ordinances. Owners could be given the choice between a very costly redemption fee for first running at large offense and other stipulations.
5. Spay/Neuter Required (No intact permits)
a. Under this system, Denver authorities would also have the ability to defer certain enumerated fines, such that owners would only be required to remit payment if they failed to undertake court-mandated actions (e.g., sterilizing or microchipping their dog).
6. Owners can choose education over fines
a. In conjunction with increased penalties, offering a “first-time animal ordinance offender diversion program.” Offenders would be given the choice between attending the diversion program or paying a very costly fine (e.g., at least $500). Classes should cover the basic health, nutrition, and safety requirements of dog ownership. Additional points that could be covered include information about local spay/neuter and vaccination clinics and services offered at local shelters.
7. Increased licensing fees for Aggressive Dogs
a. Differential fees based on the animal’s aggressive/dangerous status
8. No tethering permitted
a. Prohibition of tethering of dogs
9. Mandatory Microchipping
a. Mandatory microchipping for dogs found running at large. The microchip registration materials will be submitted by the owner to the Denver Animal Care & Control, for entry.

Draft Ordinance:
(Repeal) DRMC 8-51 Dog Attack or Bite
DRMC 8-X Definition: “Unlawful possession of an aggressive animal”
A. A person commits unlawful possession of an aggressive dog if he owns animal which engages in any of the following conduct within the city:
a. Approaches any person, without provocation, in a menacing manner, whether or not an attack actually occurs.
b. In an attacker manner encroaches over, through, or under a fence onto the public or the private property of another; or
c. Inflicts a puncture wound, abrasion, or other wound caused by the animal’s teeth upon a person or a domestic animal which injury does not meet the definition of bodily injury or serious bodily injury.

Impoundment of aggressive animal.
A. Mandatory impoundments. Upon citation of an owner for a violation of DRMC Section (8.x), Animal Control Officers shall take into custody the owner's aggressive animal if the animal has previously been the subject of a conviction for dangerous animal or aggressive animal pursuant to this chapter and place the animal in the animal shelter at the owner's expense pending final disposition of the charge against the owner.
B. Discretionary impoundment. Upon citation of an owner for a violation of Section (8.x), Animal Control Officers may place the animal in the animal shelter at the owner's expense pending final disposition of the charge against the owner.
C. The owner shall be responsible for the payment of all impoundment fees, boarding fees, and any reasonable and necessary medical expenses incurred during the impoundment of the animal regardless of whether or not the animal is redeemed by the owner from the animal shelter

Aggressive animal conditions.
A. Upon conviction or entry of a plea of guilty or no contest or entry into a deferred judgment to a charge of possession of an aggressive animal, the court shall order that the animal subject to the charge shall only be possessed upon the owner's compliance with the following conditions:
1. The owner shall, at the owner's expense, have a microchip containing an identification number implanted into the animal and provide such information to Denver Animal Care & Control (DACC). The owner shall produce the animal for verification by Animal Control of the microchip implementation. DACC shall maintain records containing the registration number and name of said animal and name and address of the owner. The owner shall be responsible for notifying DACC of any change in the address, ownership, or death of the animal.
2. An extension style leash shall not be used upon said animal.
3. The animal shall not be leashed to any inanimate object.
4. The animal shall be currently inoculated against rabies and shall display rabies and license tags in compliance with Sections (X and X) of this title.
B. Upon conviction or entry of a plea of guilty or no contest or entry into a deferred judgment to a charge of possession of an aggressive animal, the court may order that the animal subject to the charge shall only be possessed by the owner upon the owner's compliance with the following conditions:
1. Community service work at an animal shelter.
2. Successful completion of a court approved animal obedience training, behavior modification, pet management class, and/or any other treatment program that the court may deem appropriate. The owner shall bear the cost of the program or training.
3. The owner shall, at the owner's expense, have the animal spayed or neutered and shall provide proof to Denver Animal Care & Control that the sterilization has been performed – the owner may not obtain an intact permit.

Euthanization of aggressive animal.
In addition to the penalties set forth in Section (X), any convicted owner or owner who enters into a deferred judgment for a second or subsequent violation of Section (X) involving the same animal or any owner who has been previously convicted or entered into a deferred judgment for a violation of Section (X) involving the same animal, the Court may order that the aggressive animal be humanely destroyed by lethal injection upon exhaustion of any right an owner has to appeal the conviction.
Due process hearing.
A. This section establishes a due process hearing pending trial. The (Administrative or County) Court shall conduct this due process hearing. Within ten days after an animal is seized pursuant to this chapter, the animal's owner may petition the (Administrative or County) Court and request the return of the animal. The court shall conduct such hearing at the earliest date available to the court. At the hearing, the formal rules of evidence shall not apply. If, on the date of the hearing, the owner does not appear, the Court may proceed with the hearing. The Court shall allow the parties to present evidence, witnesses, and have the right of cross-examination. The Court shall consider as applicable the following:
The conduct of the animal during the incident charged;
Any evidence of dangerous, aggressive, or violent behavior by the animal or threats thereof;
Any prior violations by the owner of this title or any municipal ordinance, or the laws of any state or political subdivision thereof which involves an other animal;
Any prior violations by any other owner, involving the same animal, of any violations of this title or any municipal ordinance, or any laws of the state or political subdivision thereof;
Any conditions existing on the property where the animal has been or will be kept which would affect the likelihood of any danger to any person, animal or property;
Any evidence of any ameliorative action taken by the owner of the animal which would affect the likelihood of any danger to any person, animal or property, and
Any other evidence relevant to the issues as determined by the Court.
B. If, at the hearing, the City and County of Denver establishes by a preponderance of the evidence that there is a reasonable likelihood of future injury to persons, property, or animals, the court shall order the animal to remain impounded at the owner's expense until final disposition of any pending municipal charges.

C. The owner shall be responsible for complying with the financial bonding requirements as set forth in Section (X) (This is an important provision to have).
Responsible Pit Bull Ownership (part of Aggressive Dog Ordinance)
Prohibition – No person may own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the City and County of Denver any Pit Bull while in violation of any of the provisions of this section. Determination if the dog is a Pit Bull can be made through assessment or decree.
1. Pit Bull Permit – To obtain a permit, all provisions of this section must be met. Every pit bull that is approved for a permit must display a current pit bull license, issued by the Denver Division of Animal Care & Control, on its collar or harness. The fee for the permit shall be ($50) annually. Each license will be renewable annually. If the provisions of this section are not met, the permit may be immediately provoked.
2. Temperament Testing – Pit bull must pass a recognized temperament test such as the American Kennel Club’s Canine Good Citizen Test, or the American Temperament Testing Society’s temperament test, and the owner must provide written proof of this certification. This test must be administered initially, twice per year for the first year permitted, and every three years thereafter.
3. Liability Insurance Policy – AS part of the initial issuance of the permit, and the annual renewal of the permit, owners must present copies of a current homeowner or renter’s insurance policy that covers the pit bull breeds up to ($100,000).
4. Mandatory Spay/Neuter – Pit bulls will not qualify for an Intact Permit, and must be spayed or neutered prior to the permit being issued.
5. Mandatory Microchipping – Owners must provide proof of microchipping and provide the microchip certificate for entry into DACC’s database. This will assure that lost dogs can be returned home, and that a database of permitted dogs is available for tracking.
6. Home Inspection – Prior to the issuance of a Pit Bull permit, an animal control officer will inspect the property to assure proper fencing, adequate facilities, and that the dog will not be tethered. This inspection may be required prior to the annual renewal of the permit
7. Limit of no more than two pit bulls – No more than two pit bulls can be licensed in any household in the City and County of Denver
8. Mandatory Obedience and/or Responsible Dog- Ownership Classes- Before a pit bull can be licensed, the owner of any dog over the age of six months must show proof of completion of a bona-fide training class.
9. Rabies Vaccination – The owner must show proof of a current rabies vaccination.
10. Adequate Fencing – Owners must maintain adequate fencing.
11. No owners under (21). Any person walking a pit bull off the owner’s property must be (21) years of age, or be accompanied by someone (21) years of age, or the dog must be muzzled and under control of the possessor.
12. Mandatory Background Check - Pit Bull owners would need to submit to a criminal background check. Owners could be denied an ownership permit based on criminal history as determined by Director of Animal Care & Control.
13. Penalties. Failure to comply with any requirement of this permit is grounds for penalties up to and including revocation of the permit. Any attack or bite is grounds for revocation of the permit and a hearing with the Director of Animal Care & Control to determine if the dog should be euthanized. Violations of Chapter 8 of the DRMC will be grounds for review of the pit bull permit.