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I need help locating a specific law

Discussion in 'Laws & Legislation' started by •?•, May 24, 2007.

  1. •?•

    •?• Pup

    Hello forum members!

    I am preparing to go up to the town in a few weeks because they are starting a reading to pass the banning of pit bulls in my town.

    I live in Colorado and I have found a 2004 law passed by Gov. Bill Owens that states that you can not ban by breed but I can not actually find the text written out online.

    I need to be able to quote the text exactly but can't find it. I am hoping that some here can point me in the correct direction.

    I have found that it is Colorado Stat. §18-9-204.5(5)(b), I think.

    Please help out if you can.

    Thank you for your time
     
  2. Michele

    Michele Guest

  3. DryCreek

    DryCreek CH Dog

    Is this it?

    http://64.233.167.104/search?q=cache:bhUW9HxrvykJ:www.ag.state.co.us/animals/bap/Laws/DangerousDog.pdf+S+18-9-204.5(5)(b),&hl=en&ct=clnk&cd=5

    The pdf version is available through the link at the top of the page.

    (5) (a) Nothing in this section shall be construed to prohibit a municipality from adopting any
    rule or law for the control of dangerous dogs; except that any such rule or law shall not regulate
    dangerous dogs in a manner that is specific to breed.
    (b) Nothing in this section shall be construed to abrogate a county's authority under part 1 of
    article 15 of title 30, C.R.S., to adopt dog control and licensing resolutions and to impose the
    penalties set forth in section 30-15-102, C.R.S.; except that any such resolution shall not regulate
    dangerous dogs in a manner that is specific to breed
     
    Last edited by a moderator: May 24, 2007
  4. Heather

    Heather Pup

    What are you looking for I might be able to help. I have alot of info on dog laws.
     
  5. •?•

    •?• Pup

    Hello,

    Thank you for the replies that I have gotten.

    Yes, DryCreek, I believe that is it!! I was shown a copy of it earlier today also, so I am glad that it is able to be found online also.

    I have also emailed Understandabull and ThePitBullBand who are working out of the Denver area.

    I am still waiting on response from them though.

    Heather, I am looking for laws and Revised Statutes that deal with it being illeagal to ban breeds. Anti Breed specific legislature for Colorado.

    DryCreek was able to locate the law online so that I can print it out and use it in defense.

    People are telling me to be happy because my dogs will be grandfathered in. I say to hell with that! It is important to fight for our rights, not slip back into line just because it is convienent for me, or because my dogs will be grandfathered in. What about my next dog? Oh they forgot to mention that I wouldn't be able to get a "next" dog if it were up to them.

    I feel as though I am being backed into a corner with this. They are trying to violate my rights and can't seem to understand why I have a problem with that.

    The law that DryCreek found is part of a law that defines Dangerous Dogs, as according to Colorado law. It specificlly states that a dog can not be banned because of breed, that the (individual) dog must meet the dangerous dog requirements to be banned.

    These requirements read that the dog must have attacked a person, animal, or livestock. Or that it has shown aggresion in the form of wanting to attack a person, animal, or livestock. It then goes on to state that these laws can be changed by municipal decisions, with the exception that any such resolution shall not regulate
    dangerous dogs in a manner that is specific to breed.

    Thank you again for the resposes and for any further help that can be given.

    Heather, if you can offer any other advice, or laws that can help please do post them up. Thank you.

    Take care all.
     
    Last edited by a moderator: May 25, 2007
  6. purplepig

    purplepig CH Dog

    Well, that's not good either. This means that if someone walks a dog by my bulldog, and he wants to get froggy, then my dog is dangerous! That right there would ban most any bulldog but a petbull. Keep digging, I am sure you will find something.

    Somewhere there was a bsl passed, and then it was overturned. It would be very helpfull for you to find that. I believe I saw it posted on this site. Maybe do a search, or hopefully someone with more retentive knowledge can help you with this. Most of my brain is dedicated to scriptures. Heck, use the bible. "Everything the Lord hath made is good, let no man say that anything the Lord hath made is bad, for everything the Lord hath made is good!"

    Good luck.
     
  7. •?•

    •?• Pup

    purplepig,

    Excellent post, thanks for letting me know about the BSL being overturned.

    Here is what I have dug up so far today, and I am feeling good!

    The reason that Denver and other cities in CO have been able to pass BSL is because they are part of either a "home rule" county or a "home rule" town. Where they are given the power to go over state law and determine their own laws.

    The county and town that I live in are not under "home rule". This along with the fact that in 2004 the State law was signed into effect that you can not ban by breed. So at this point I am begining to feel that my town does not have a leg to stand on.

    I have been collecting Position Statements on Breed Bans from the HSUS, CAACO, and the CFAWA. I will be gathering more as I find them.

    I have also been in contact with Sonya from ThePitBullBand. I will be sending her e-mail, fax, and phone # of my local city council and mayor.

    I leave with a quote....

    "You must be the change you wish to see in the world". - Gandhi
     
  8. •?•

    •?• Pup

    Hello everyone!

    I have been a busy bee the last couple days, working on this anti-BS whenever I can squeeze in the time.

    As of tomorrow I will have officially submitted my findings concerning the attempted ban.

    I have put together a 100 + page booklet for each council memeber and one for the mayor. Also one for official submital and one for my records.

    The booklets contain five main categories which are; The Law, Pit bull educational packet, Position Statements, published positive press, published positve press (concerning Profesional dogs, such as K-9 units, guide dogs, et cetera)

    I also plan on dedicating a small section in the back of the booklet for an "All dogs bite" category. Not to try and show that other breeds are dangerous, but that each situation needs to be dealt with on a dog to dog basis.

    After submital tomorrow I will have aprox. 2 weeks to get myself geared up for some public speaking. Which I have to admit I am VERY nervous about, but it is small potatoes when it comes to my dogs safety and rights.

    If anyone can think of anything else to add to the booklet then I ask you to add them to this thread. I will only have one shot at this to prove that they are trying to work outside of their leagal boundries. I need all my ducks in a row.

    Thank you for the support given and for any more shown.

    Take care
     
  9. DryCreek

    DryCreek CH Dog

    Have you included an alternative Dangerous Dog Legislation for them to look at? Offering a proven to work legislation as an alternative to BSL may help change the direction of their thinking.

    I personally really like the Calgary Model. It has already shown to be effective and self supporting which will appeal to the financially minded in the group you are presenting too.

    Some info on their legislation can be found here.....
    http://www.bdnhumanesociety.com/calgary_solution.htm

    The legislation itself with a schedule of fines can be found here....
    http://www.doglegislationcouncilcanada.org/calgaryAB.html

    This legislation includes fines for dogs or cats that damage your property or dump your garbage!
     
  10. •?•

    •?• Pup

    DryCreek,


    Thank you for all of the help that you have sent my way! Karma will be smiling on you.

    I have already taken coppies of anti bsl for the states of California, Illinois, and Rrince William County, Virginia.

    Colorado also already has dangerous dog legislation in effect, just not enforced.

    I am making coppies of the Calgary example now, and will add it to the booklet that I am submiting.

    Thanks again
     
  11. DryCreek

    DryCreek CH Dog

    No problem at all. When it comes to battling against BSL, it's always a pleasure to be able to help. :D
     
  12. cheekymunkee

    cheekymunkee Top Dog

    it would ban my pet bulls too. Pets or not, they won't turn down the chance to throw down if allowed. It isn't just game-bred or game dogs that like to dance, trust me.
     
  13. •?•

    •?• Pup

    Alright!

    Hard work, education, and dedication pay off when you give it your all.

    I have a total of five council members that I have to reach and educate before the attempted ban begins.

    Well make that 4.....I just got off of the phone with who I would consider one of the most influential members of the council.

    Last week when speaking to him he suggested that all pits and other "dangerous" breeds were loose cannons. He actually compared my dogs to loaded guns, lions, and tigers.

    Today on the phone he talked about the information and web addresses that I have supplied him. It was like talking to a new person. He was quoting the AVMA saying how breeds can't be viewed as a whole and that dogs need to be addressed on an individual level. How statistics are scewed in favor of making breeds look dangerous. How ignorance on the owners part is usually the cause of dog bites, et cetera.

    He said that it was because of the effort put forth on my part that he was able to start becoming educated on the subject of BSL.

    I am just a regular guy, so this shows you that effort and not settling for people taking your rights can pay off. Fight for equality!

    I know it's not over yet, but I have information and facts coming out of my ears, along with the all mighty written law.

    The opposition told me to be happy I was being grandfathered in, cause hell they could just take my dogs too and not have to allow a grandfather clause.

    They will eat those words.
     
    1 person likes this.
  14. DryCreek

    DryCreek CH Dog

    Good for you. :D

    It can be a slow and frustrating process fighting BSL 1 mind at a time but every person who sees the truth is another to also spread the truth.

    You should be proud of yourself. ;)

    Keep up the good work!
     
  15. purplepig

    purplepig CH Dog

    It would be really a good thing if you were to start a new thread and put all the info you have gained there, so that when this bs comes to another person's town, it will be in one spot to get a hold of it. Just a thought. If not, please pm me so that I can see all the info you have, as I am sure I will need all the info I can get, sooner or later!

    Props to you. Fight the good fight!
     
  16. Suki

    Suki Guest

    [​IMG]•?• [​IMG] =

    for President!!! ;)

    I can't even begin to thank you enough for ALL your efforts!
    You're AMAZING!!!! The APBTneeds more people like you. :)
    some info in these, if you've not got them already:





    [font=Arial, Helvetica, sans-serif]BSL Alerts[/font]

    [font=Arial, Helvetica, sans-serif]Tips for Writing and Talking About BSL[/font]

    [font=Arial, Helvetica, sans-serif]Anti-BSL Letter Samples[/font]

    [font=Arial, Helvetica, sans-serif]Dog Attack News Articles[/font]

    [font=Arial, Helvetica, sans-serif]Notes and Essays [/font]

    [font=Arial, Helvetica, sans-serif]Links[/font]






    [size=+2][size=+3]Position Statements on BSL

    [/size][size=+3][size=+2]from Major Animal Organizations[/size][/size][/size]







    [size=+1]American Humane[/size]​

    [size=+1]American Kennel Club (AKC)[/size]​





     
    Last edited by a moderator: May 30, 2007
  17. •?•

    •?• Pup

    Awesome, Thank you for the support everyone!!

    I am feeling good about this. Here is a rundown of the Information Booklets I have put together.

    Chapter one.

    Colorado Revised Statute 18-9-204.5 This statute contains to passages that clearly state that county and local municipalities "shall not regulate dangerous dogs in a manner that is specific to breed."

    This law was put into effect on April 21, 2004. The Citys that are getting around this are doing so based on "home rule". Though every one of them are being challenged.

    Next I have "A community approach to dog bite prevention" which is a report that was published by the American Veterinary Medical Association in the JAMVA, Vol 218, No. 11, June 1, 2001 pgs. 1743-1749. Where they discuss many pertinent facts. Including a very comprehensive system that can be impimented into a community in a positive, educational based manner.

    Chapter three is a 69 page pit bull education packet put together by the Marcy Setter of Understand a Bull.com. This packet contains information from the WAF/ACF that is very valuable and a great starting point for diving deeper into several of the subjects they bring up. They also cite several court cases that are viable to the cause.

    Chapter four is made up of several Positon Statements from major organizations all stating that BSL does not work and that they do not support any fasion of it.

    Chapter five This chapter was created in response to the information submitted by the oposition. It is all positive press highliting APBT used in profesional settings such as K-9, Hearing Aid, Guide Dog, et cetera.

    Chapter six is called "All dogs bite" This is just recent stories that I have taken from my state and from Understand a bull.com to show that all breeds are part of the issue, or more so that it is not a breed issue that it is a untrained, unleashed dog problem. Also a lack of education to the communities children is a large part of dog attacks.

    I have also gathered bits and pieces of info along the way. Everything is documented as far as websites and print citings. I have tried very hard to not get cought up in a pissing match type aproach. Everything I have put down has been done so with thought and a profesional aproach.

    I have created booklets from white three ring binders, used a nice weight paper, devided chapters with title pages and qick flip tabs neatly labeled with each chapters name. Et cetera, et cetera.

    I know that presentation is a large part of this battle. I have vented enough now that I can talk about the topic with out getting mad. I have facts to back up my beliefs.

    Once I have a few minutes I will put together as much as an online referance to what I have as possible. I have put some time in at the library as well.

    Thanks for the links Suki! I have referanced most of them already, :) . I have looked all over the net, or at least it seems that way.

    I am currently working on my statement that I will read at this upcoming meeting.

    I will discuss that it is ileagal to impose any form of BSL as according to the Colorado Rev. Stat. Also that it has been proven in several local and supreme courts that dogs are personal property and there fore are protected as so by the 4th, 5th, 8th, and 14th amendmants provided by the Constitution of the Uninted States of America.

    I will then discuss that BSL is financially taxing when enforced and referance that Baltimore MD reported that they spent aprox. $750,000 per year enforcing BSL, that is until they repealed the law.

    Next I want to talk about enforcing current laws, such as the leash law, will dramatically cut down on animal caused injuries. Also that the education of children will also show great reduction of injuries. Children make up for as much as 70+% of dog bites.

    Thats it for now though.

    Thanks again for the support, it really helps to see so many on the same side!
     
    Last edited by a moderator: May 31, 2007
  18. DryCreek

    DryCreek CH Dog

  19. Tiara

    Tiara Big Dog

    what town in Colorado is talking about passing a ban?
     
  20. •?•

    •?• Pup

    Hello Everyone!


    Last night was the show down, and we walked away unscathed.

    The town meeting went off with out a hitch.

    I had a nice long speech worked out, citing the law, the constitution, repealed laws, profesional viewpoints, etc. But didn't get to say any of it.

    When the proposal came up all the board members (with information booklets in hand!!) were quick to decide that it was not the proper way to handle things.

    They made a motion to drop the proposal and then cleared it unanimously!

    So I am feeling good today, getting ready to take my dogs for their walks this morning. Just wanted to pop in on the boards and let ya'll know the update.

    Thank you to everyone who helped along the way. I am very greatfull. Special thanks to Dry Creek, thank you for all the info and encouragement along the way.

    Stand for your beliefs.

    "You must be the change you wish to see in the world."
    "The greatness of a nation and its moral progress can be judged by the way its animals are treated."
    "He may torture me, break my bones to atoms and even kill me. He will then have my dead body, not my obedience."

    - Mahatma Gandhi-
     

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