Denver, CO Municipal Code Section 8-55
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Denver, CO Municipal Code Section 8-55
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Sec. 8-55. Pit bulls prohibited.
(a) It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the
city any pit bull.
(b) Definitions.
(1) An "owner," for purposes of this chapter, is defined as any person who owns, possesses, keeps, exercises control over,
maintains, harbors, transports or sells an animal.
(2) A "pit bull," for purposes of this chapter, is defined as 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 A.K.C. and U.K.C. 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.
(3) A "secure temporary enclosure," for purposes of this chapter, is a secure enclosure used for purposes of transporting a pit bull
and which includes a top and bottom permanently attached to the sides except for a "door" for removal of the pit bull. Such
enclosure must be of such material, and such door closed and secured in such a manner, that the pit bull cannot exit the
enclosure on its own.
(c) Exceptions. The prohibition in subsection (a) of this section shall not apply in the following enumerated circumstances. Failure
by the owner to comply and remain in compliance with all of the terms of any applicable exception shall subject the pit bull to
immediate impoundment and disposal pursuant to subsection (e) of this section, and shall operate to prevent the owner from
asserting such exception as a defense in any prosecution under subsection (a).
(1) The owner of a pit bull, who has applied for and received a dog license for such pit bull pursuant to section 8-61 at the Denver
Municipal Animal Shelter on or before the date of publication of the ordinance enacting this section 8-55 (August 7, 1989), who
has applied for and received a pit bull license in accordance with subsection (d) of this section, and who maintains the pit bull at all
times in compliance with the put bull license requirements of subsection (d) of this section and all other applicable requirements of
this chapter, may keep a pit bull within the city.
(2) The city’s municipal animal shelter may temporarily harbor and transport any pit bull for purposes of enforcing the provisions of
this chapter.
(3) Any humane society operating an animal shelter which is registered and licensed by the city may temporarily hold any pit bull
that it has received or otherwise recovered, but only for so long as it takes to contact the city’s municipal animal shelter and either
turn the pit bull over to the municipal animal shelter employees or receive permission to destroy or have destroyed the pit bull
pursuant to the provisions of subsection (e).
(4) A person may temporarily transport into and hold in the city a pit bull only for the purpose of showing such pit bull in a place of
public exhibition, contest or show sponsored by a dog club association or similar organization. However, the sponsor of the
exhibition, contest, or show must receive written permission from the manager, must obtain any other permits or licenses required
by city ordinance, and must provide protective measures adequate to prevent pit bulls from escaping or injuring the public. The
person who transports and holds a pit bull for showing shall, at all times when the pit bull is being transported within the city to and
from the place of exhibition, contest, or show, keep the pit bull confined in a "secure temporary enclosure" as defined in
subdivision (b)(3).
(5) Except as provided in subdivision (4), above, the owner of a pit bull may temporarily transport through the city a pit bull only if
such owner has obtained a valid transport permit from the manager. Upon request, the manager shall issue such permits only
upon a showing by the owner that the pit bull is being transported either from a point outside the city to a destination outside the
city, or from a point outside the city to an airport, train station or bus station within the city. In the latter case, such owner must
provide evidence of an intent to send or take the pit bull outside of the city by producing an airline, train or bus ticket, or other
equivalent document, showing a departure time within six (6) hours of the time of the transport. At all times when the pit bull is
being transported within the city, it must be kept confined in a "secure temporary enclosure" as defined in subdivision (b)(3) of this
section. In all cases before issuing a transport permit, the manager must find that the transport would not constitute an
unnecessary or undue danger to the public health, welfare or safety, and shall not issue the permit where the manager cannot so
find. All transport permits issued shall only be valid for the time, date and pit bull specified on the permit, and shall not be
construed to permit any activity otherwise prohibited.
(d) The owner of any pit bull which had been licensed pursuant to section 8-61 on or before the date of publication of the
ordinance enacting this section 8-55 (Ordinance No. 404, Series of 1989) shall be allowed to keep such pit bull within the city upon
compliance with the terms of the exception contained in subdivision (c)(1) of this section only if the owner applies for and receives
an annual pit bull license on or before January 1, 1990. As a condition of issuance of a pit bull license, the owner shall at the time
of application comply with or otherwise provide sufficient evidence that the owner is in compliance with all of the following
regulations:
(1) The owner of the pit bull shall provide proof of rabies vaccination and shall pay the annual pit bull license fee of fifty dollars
($50.00).
(2) The owner of the pit bull shall keep current the license for such pit bull through annual renewal. Such license is not transferable
and shall be renewable only by the holder of the license or by a member of the immediate family of such licensee. A pit bull license
tag will be issued to the owner at the time of issuance of the license. Such license tag shall be attached to the pit bull by means of
a collar or harness and shall not be attached to any pit bull other than the pit bull for which the license was issued. If the pit bull tag
is lost or destroyed, a duplicate tag may be issued upon the payment of a two-dollar fee.
(3) The owner must be at least twenty-one (21) years of age as of January 1, 1990.
(4) The owner shall present to the manager proof that the owner has procured liability insurance in the amount of at least one
hundred thousand dollars ($100,000.00), covering any damage or injury which may be caused by a pit bull during the twelve-
month period covered by the pit bull license. The policy shall contain a provision requiring the insurance company to provide
written notice to the manager not less than fifteen (15) days prior to any cancellation, termination, or expiration of the policy.
(5) The owner shall, at the owner’s own expense, have the pit bull spayed or neutered and shall present to the manager
documentary proof from a licensed veterinarian that this sterilization has been performed.
(6) The owner shall bring the pit bull to the Denver Municipal Animal Shelter where a person authorized by the manager shall
cause a registration number assigned by the department to be tattooed or otherwise marked on the pit bull. The manager shall
maintain a file containing the registration numbers and names of the pit bulls and the names and addresses of the owners. The
owner shall notify the manager of any change of address.
(7) At all times when a pit bull is at the property of the owner, the owner shall keep the pit bull "confined," as that term is defined in
subsection 8-52(b). At all times when a pit bull is away from the property of the owner, the owner shall keep the pit bull either
securely leashed and muzzled or in a "secure temporary enclosure," as that term is defined in subdivision (b)(3) of this section.
(8) The owner shall not sell or otherwise transfer the pit bull to any person except a member of the owner’s immediate family who
will then become the owner and will be subject to all of the provisions of this section. The owner shall notify the manager within five
(5) days in the event that the pit bull is lost, stolen, dies, or has a litter. In the event of a litter, the owner must deliver the puppies
to the Denver Municipal Animal Shelter for destruction or permanently remove the puppies from Denver and provide sufficient
evidence of such removal by the time the puppies are weaned, but in no event shall the owner be allowed to keep in Denver a pit
bull puppy born after the date of publication of Ordinance No. 404, Series 1989, that is more than eight (8) weeks old. Any pit bull
puppies kept contrary to the provisions of this subdivision are subject to immediate impoundment and disposal pursuant to
subsection (e) of this section.
(9) The owner shall have posted at each possible entrance to the owner’s property where the pit bull is kept a conspicuous and
clearly legible pit bull sign. Such pit bull sign must be at least eight (8) inches by ten (10) inches in rectangular dimensions and
shall contain only the words "PIT BULL DOG" in lettering not less than two (2) inches in height.
(e) Notwithstanding the provisions of Article VIII of this chapter, the manager is authorized to immediately impound any pit bull
found in the City and County of Denver which does not fall within the exceptions listed in subsection (c), above, and the municipal
animal shelter may house or dispose of such pit bull in such manner as the manager may deem appropriate, except as the
procedures in subsection (f), below, otherwise require.
(f) When the manager has impounded any pit bull dog pursuant to this section, and the owner of such dog disputes the
classification of such dog as a pit bull, the owner of such dog may file a written petition with the manager for a hearing concerning
such classification no later than seven (7) days after impoundment. Such petition shall include the name and address, including
mailing address, of the petitioner. The manager will then issue a notice of hearing date by mailing a copy to the petitioner’s
address no later than ten (10) days prior to the date of the hearing. Where no written request from the owner for a hearing is
received by the manager within seven (7) days of impoundment, the pit bull shall be destroyed.
The hearing, if any, will be held before the manager or a hearing officer designated by the manager. Any facts which the
petitioners wishes to be considered shall be submitted under oath or affirmation either in writing or orally at the hearing. The
manager or hearing officer shall make a final determination whether the dog is a pit bull as defined in subsection (b)(2) of this
section. Such final determination shall be considered a final order of the manager subject to review under Rule 106(a)(4) of the
state rules of civil procedure.
If the dog is found to be a pit bull, it shall be destroyed, unless the owner produces evidence deemed sufficient by the manager
that the pit bull is to be permanently taken out of Denver and the owner pays the cost of impoundment. If the dog is found not to be
a pit bull, the dog shall be released to the owner. The procedures in this subsection (f) shall not apply and the owner is not entitled
to such a hearing with respect to any dog which was impounded as the immediate result of an attack or bite as defined in section 8-
51. In those instances, the dog shall be handled and the procedures governed by the provisions of article VIII of this chapter.
