Breed bans are an unfair system of city and county ordinances that target social prejudices. These local government bans usually are not listed rental agreements or on home sale documents, and owners frequently are surprised by the sudden impoundment of their dogs as banned breeds. Furthermore, it is difficult to accurately identify a dog accused of being a banned breed simply based on their appearance.
Over 700 cities across the nation have enacted breed-specific legislation, otherwise known as breed bans. Most notably, these breed bans prohibit the ownership and existence of certain socially-condemned breeds within a municipality. Most commonly, these breeds include American pit bull terriers, American Staffordshire terriers, Staffordshire bull terriers, and American bulldogs. These breeds are all lumped into a category called “pit bulls.” Individuals and families must often surrender these types of dogs before moving into a breed ban city, acquire a legitimate service dog exception, or find somewhere else to live.
Private property management can also prohibit certain breeds from inhabiting rental properties and private insurance companies may not provide coverage if you have a certain breed of dog. If a pet guardian does not do their due diligence before finding a new place to live or adopting a new pet it can create confusion and heartache when animal control inevitably comes around.
While Colorado banned breed-specific legislation in 2004, certain “home rule” cities in Colorado were able to keep their breed bans. However, there has been a continued effort to eliminate these breed bans and allow pit bulls within city limits once again. Most recently, in 2018, Castle Rock eliminated its breed ban and instead implemented an ordinance that targets behavior of individual dogs. One other Denver suburb, Aurora, continues to struggle with its harsh breed ban. Aurora City Councilors have been pushing for measures to eliminate the city’s breed ban, although this has yet to occur as of the publication of this post.
Each jurisdiction has different procedural mechanisms that allow pit bulls to remain in the city under certain circumstances or with licenses; allow the owner to challenge the designation or impoundment of a dog accused of being a pit bull; or allow for the removal to another jurisdiction as an alternative to euthanasia.
Each jurisdiction also has complicated procedures for adjudicating the disposition of dogs alleged to be pit bulls, but each does so in a similar fashion. When deciding what happens to a dog alleged to be a pit bull the city adjudicates the issue as if he is a dangerous dog that has already injured somebody, despite that dog’s individual temperament or behavioral history. Take for example the language of the below Commerce City municipal code, under each section describing the procedures for impoundment, hearings and disposition the code states, “the animal is a vicious animal or a pit bull.”
Penalties for having a banned breed in city limits may include the forcible surrender of the dog, the death of the dog, and can include heavy fines charged to the pet guardian and even include up to a year in jail.
Below are five Colorado cities that still ban certain breeds with varying consequences, definitions, and conditions. This list is not exhaustive, and we encourage all pet guardians to be proactive in determining whether their city has a breed ban. If you are concerned about your dog being considered a pit bull or have questions about the status of breed bans in your city, call us today for a consultation.
- Denver – 8-67. – Pit bulls prohibited.
- It shall be unlawful for any person to own or keep any pit bull within the city.
- Definition of Pit Bull (Sec. 8-2): any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one (1) or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds. The American Kennel Club and United Kennel Club standards for the above breeds are on file in the office of the clerk and recorder, ex officio clerk of the City and County of Denver, at City Clerk Filing No. 89457.
- Exceptions: Temporary transport or public exhibition
- Aurora – 14-75. – Unlawful keeping of pit bulls.
- Definition of Pit Bull (Sec. 14-75): any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits or genetic markers of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds.
- Exceptions: Limited time pit bull license; temporary transport, grooming, or veterinary treatment; service dogs
- Commerce City – 4-2011. – Pit bulls prohibited.
- Definition of Pit Bull (Sec. 4-1001): Any dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, any dog displaying the majority of physical traits of any one (1) or more of the above breeds or any dog exhibiting those distinguishing characteristics that substantially conform to the standards established by the American Kennel Club (A.K.C.) or United Kennel Club (U.K.C.) for any of the above breeds. A bill of sale of veterinary record that identifies an animal as a pit bull terrier mix shall be sufficient to establish that the animal in question is a pit bull terrier or a pit bull terrier mix for purposes of this chapter.
- Exceptions: Limited time pit bull license; City working dog or temporary transport or public exhibition
- Lone Tree – 10-10-160. – Unlawful keeping of pit bulls.
- Definition of Pit Bull (Sec. 10-1-10): any dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, American bulldog (old country bulldog), dogo argentino, canary dog (canary island dog, presa canario, perro de presa canario ), presa mallorquin ( pero de presa mallorquin, ca de bou ), tosa inu (tosa fighting dog, Japanese fighting dog, Japanese mastiff), cane corso (cane di macellaio, sicilian branchero), fila brasilairo, or any dog displaying the majority of physical traits of any one (1) or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American kennel club or united kennel club for any of the above breeds)
- Exceptions: Law enforcement canines; temporary transport, grooming, or veterinary treatment
- Louisville – 6.12.160. – Pit bulls prohibited.
- Definition of Pit Bull (Sec. 6.02.010): Pit bullmeans any dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, or any dog displaying the majority of physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club (AKC) or United Kennel Club (UKC) for any of the above breeds. The AKC and UKC standards for the above breeds shall be on file at the city department of police.
- Exceptions: Limited time pit bull license; temporary transport or veterinary treatment
Families with pets, or who are considering adopting, should research before deciding on a place to live to make sure they are legal and not a banned breed. If you have a pit bull, other “fighting dog,”, or your dog just kind of looks like a pit bull and are concerned about their safety or your liability living in one of these cities, or your dog has already been accused of being a pit bull and/or been impounded, call us today to make sure your rights and your dog’s life are protected.