Shon
04-23-2004, 01:00 PM
DENVER -- The City Council intends to unleash a legal challenge of a new state law that overturned Denver's ban of pit bulls.
The council drafted a resolution Thursday directing the city attorney to defend the city's home-rule authority.
Cities with voter-approved charters can regulate a wide array of areas under home rule.
''We want to preserve our right to run Denver,'' said Rosemary Rodriguez, one of 10 council members sponsoring the resolution. ''The legislation signed into law is forcing us into this position.''
The legislation in question was signed into law by Gov. Bill Owens Wednesday. The law prohibits cities and towns from banning specific breeds of dogs.
While other cities had similar ordinances, Denver's was singled out by legislators with much made of Buddy, a Staffordshire bull terrier that was in danger of being euthanized at a Denver animal pound.
Buddy was sprung from the pound and retrieved by his owners after the law was signed.
City figures show that about 410 pit bulls were impounded and euthanized in 2003, and 240 were returned to their owners.
''The problem is not with the dogs but with neglectful owners,'' Rep. Debbie Stafford, R-Aurora, said of the law she sponsored. ''Local cities should pass an ordinance to address neglectful owners who raise dangerous dogs equally so everyone is playing by the same rules.''
A group called the American Canine Foundation said it has hired Denver attorney Walter Gerash to defend the new state law and represent two former Denver residents who claim they were forced out of town rather than give up their pit bulls.
Denver banned pit bulls in 1989 after a 54-year-old local minister was attacked and mauled by one of the dogs. A 5-year-old was killed by a pit bull the year before.
''The fact we haven't had fatal attacks in years indicates it (the ban) may be working,'' Assistant City Attorney Kory Nelson said.
The Colorado Supreme Court upheld Denver's ban in 1989.
The council drafted a resolution Thursday directing the city attorney to defend the city's home-rule authority.
Cities with voter-approved charters can regulate a wide array of areas under home rule.
''We want to preserve our right to run Denver,'' said Rosemary Rodriguez, one of 10 council members sponsoring the resolution. ''The legislation signed into law is forcing us into this position.''
The legislation in question was signed into law by Gov. Bill Owens Wednesday. The law prohibits cities and towns from banning specific breeds of dogs.
While other cities had similar ordinances, Denver's was singled out by legislators with much made of Buddy, a Staffordshire bull terrier that was in danger of being euthanized at a Denver animal pound.
Buddy was sprung from the pound and retrieved by his owners after the law was signed.
City figures show that about 410 pit bulls were impounded and euthanized in 2003, and 240 were returned to their owners.
''The problem is not with the dogs but with neglectful owners,'' Rep. Debbie Stafford, R-Aurora, said of the law she sponsored. ''Local cities should pass an ordinance to address neglectful owners who raise dangerous dogs equally so everyone is playing by the same rules.''
A group called the American Canine Foundation said it has hired Denver attorney Walter Gerash to defend the new state law and represent two former Denver residents who claim they were forced out of town rather than give up their pit bulls.
Denver banned pit bulls in 1989 after a 54-year-old local minister was attacked and mauled by one of the dogs. A 5-year-old was killed by a pit bull the year before.
''The fact we haven't had fatal attacks in years indicates it (the ban) may be working,'' Assistant City Attorney Kory Nelson said.
The Colorado Supreme Court upheld Denver's ban in 1989.