It is unlawful to own, keep, possess, maintain, harbor or transport any pit bull in or through Fort Lupton, Colorado, with certain exceptions for licensed vets and animal shelters. Dogs that have already been licensed may remain, as long as the owner is 21 years of age, shows proof of rabies vaccination and liability insurance of $100,000, keeps the dog properly confined, and posts “PIT BULL DOG" signs. Failure to comply with all of the terms shall subject the pit bull to immediate impoundment and disposal.
ARTICLE X
Pit Bull Regulation
Sec. 7-241 . Pit bulls prohibited.
Sec. 7-242 . Definitions
Sec. 7-243 . Exceptions
Sec. 7-241. Pit bulls prohibited.
It shall be unlawful for any person to own, keep, possess, maintain or harbor any pit bull or transport pit bulls through the City, except as provided in this Article. (Ord. 2003-810 §1; Ord. 2004-828, Pt. 1)
For purposes of this Article, the following words shall have the meanings ascribed hereafter:
Pit bull
is defined as any dog that is an American Pit Bull Terrier, American Staffordshire Bull Terrier, Staffordshire Bull Terrier or any dog displaying the majority of the 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 for any of the above breeds. Any Colorado licensed veterinarian may attest to whether or not any dog meets this definition.
Secure temporary enclosure
is a secure enclosure used for the purposes of transporting or holding 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 a material, and such door closed and secured in such a manner, that the pit bull cannot exit the enclosure on its own. (Ord. 2003-810 §1; Ord. 2004-828, Pt. 1)
(a) The prohibition in Section 7-241 shall not apply in the following enumerated circumstances in paragraphs (1) through (4), which shall be affirmative defenses to any prosecution under this Article. Failure of 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.
(1) The owner of a pit bull, who has applied for and received a pit bull license from the City for such pit bull, in accordance with Subsection (d) of this Section and all other applicable requirements of this Chapter, may keep the licensed pit bull within the City. The license will replace the regular dog license required elsewhere in this Chapter.
(2) Any licensed veterinarian and any licensed animal shelter may temporarily harbor and transport any pit bull for purposes of temporary shelter and/or treatment and enforcing the provisions of this Chapter.
(3) Any such veterinarian or shelter may temporarily hold any pit bull that it has received or otherwise recovered, but only for so long as it takes to conduct treatment or placement back to a licensed owner within the City or placement with an owner outside the City, or receive permission from the owner or the City to destroy or have destroyed the pit bull pursuant to the provisions of Subsection (e).
(4) A person without a City pit bull license may temporarily transport a pit bull through the City for treatment at a licensed veterinarian or directly through the City to a location outside the City if the pit bull is confined in a secure temporary enclosure as defined in Section 7-242.
(b) The owner of any previously licensed pit bull shall be allowed to keep such pit bull within the City as long as the owner applies for and receives an annual pit bull license for each calendar year. As a condition of renewal 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). The fee shall not be reduced for a license lasting less than one (1) calendar year.
(2) The owner of the pit bull shall keep current the license for such pit bull through annual renewal by January 15 of each year. 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 who is at least twenty-one (21) years of age at renewal. 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 five-dollar fee.
(3) The owner must be at least twenty-one (21) years of age as of January 1, 2003.
(4) The owner shall present to the City 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 the pit bull during the period covered by the pit bull license. The policy shall contain a provision requiring the insurance company to provide written notice to the City Administrator not less than fifteen (15) days prior to any cancellation, termination or expiration of the policy.
(5) The City shall maintain a file containing the identification method and names of licensed pit bulls and the names and addresses of the owners. The owner shall notify the City of any changes of address.
(6) At all times when a pit bull is at the property of the owner, the owner shall keep the pit bull confined on the owner's property, and in such a way as to prevent the dog from engaging in conduct described as an animal which creates a danger in Section 7-131. At all times when a pit bull is away from the property of the owner, the owner has the responsibility to see that the pit bull is either securely leashed and muzzled or in a secure temporary enclosure, as that term is defined in Section 7-242. Failure to prevent a licensed pit bull from leaving the owner's property leashed and muzzled or so contained, or engaging in dog fighting, or training for fighting purposes shall cause the license to be revoked, and the owner shall be so notified in writing. The owner shall not sell or otherwise transfer the pit bull to any person except a member of the owner's immediate family (over twenty-one [21] years of age) who will then become the owner and will be subject to all of the provisions of this Chapter. The owner shall notify the City 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 City for destruction or permanently remove the puppies from the City 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 the City a pit bull puppy born after the effective date of the ordinance codified herein, that is more than sixteen (16) weeks old. Any pit bull puppies kept contrary to the provisions of this Section are subject to immediate impoundment and disposal.
(7) 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 in rectangular dimensions and shall contain only the words "PIT BULL DOG" in lettering not less than two (2) inches in height.
(8) This Section is designed to allow existing owners of licensed pit bulls to keep them as long as they are promptly licensed and to prevent new pit bulls from being kept within the City. No new licenses will be issued more than sixty (60) days after the effective date of this Section. Existing owners may not replace existing pit bulls which are no longer in their possession.
(c) Notwithstanding any other provisions of this Code, the City is authorized to immediately impound any pit bull found in the City which does not fall within the exceptions listed above and the City may house or dispose of such pit bull in such manner as the City may deem appropriate, except as the procedures in Subsection (d) below otherwise require, without compensation to the owner.
(d) When the City has impounded any pit bull dog pursuant to Section (c), it shall notify (verbally, in writing or both) the owner, if known, and if the owner of such dog disputes the classification of such dog as a pit bull or claims to have a license, the owner of such dog may file a written petition with the City Administrator for a hearing concerning such no later than three (3) regular business days after impoundment. Such petition shall include the name and address, including mailing address, of the petitioner. The City Administrator will then issue a notice of hearing date by mailing a copy to the petitioner's address no later than five (5) days prior to the date of the hearing. Where no written request from the owner for a hearing is received by the City Administrator within three (3) regular business days of impoundment, the pit bull shall be destroyed with no compensation to the owner. The hearing, if any, will be held before the City Administrator or an officer designated by the City Administrator. Any facts which the petitioner wishes to be considered shall be submitted under oath or affirmation either in writing or orally at the hearing. The City Administrator or hearing officer shall make a final determination whether the dog is a pit bull properly licensed as defined above. Such determination shall be considered a final order of the City Administrator subject to prompt judicial review/appeal by the Municipal Court Judge. The review shall be limited to whether or not the dog is a pit bull properly licensed or not. The Municipal Court shall have the authority to conduct such a review, and to issue orders regarding how the dog is to be kept and by whom during the review process. The appellant must file for this review within three (3) calendar days of the City Administrator's determination. The Municipal Court shall complete its review within thirty (30) days of the City Administrator's finding. If the dog is found to be a pit bull, it shall be euthanized (after the three-day waiting period to allow for a request for review to be filed, unless the owner waives a review), unless the owner produces evidence deemed sufficient by the City Administrator that the pit bull is to be permanently taken out of the City 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 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 conduct defined in Section 7-153. In those instances, the dog shall be handled and the procedures governed by the provisions of this Chapter.
(Ord. 2003-810 §1; Ord. 2004-828, Pt. 1)
Secs. 7-244—7-260. Reserved.