Proposed Revisions to Chapter 8: Sections 8-52 Denver’s nationally- accredited public health department

Current Issues with 8-52 Dangerous Dogs The language is restrictive to dogs only, other animals are not covered within the section. The existing language is very restrictive in DAP’s ability to be proactive. A dog must have already proven its disposition to attack unprovoked, meaning that DAP can only react after things happen. DAP has almost no tools to enforce 8-52 without involving long legal battles. The current law’s restriction on dog owners is an “either/or” clause, leaving confinement options up to the dog owner. Does not provide any mechanism for constituents to have their animals removed or downgraded from “dangerous” status.

Example of Difficulties with 8-52 In early 2016, DAP was able to have a dog (German Shepherd named Sergeant) classified as a “dangerous dog” by the courts after two separate dog bites to people. DAP had been holding the dog throughout the court proceedings under an extension of impoundment. After the court decision, DAP requested to continue to hold the dog until the enclosure was built. Because of the “either/or” clause, the current code did not allow for DAP to ensure public safety by holding the dog until the enclosure was built. Sergeant was released to the owner after the court decision. DAP received three calls of dog attacks by Sergeant within a two-week span after release. The enclosure had not been built, but the dog was released due to the issues with the current code. To this day, the dog enclosure is still not built and DAP has no authority to mandate construction.

Revision Summary All references to “dogs” have been updated to “animals” to cover all types of dangerous animals. “Dangerous” Classification converted to three levels – Animal of Concern, Potentially Dangerous and Dangerous Animal. Each level has its own penalty structure and potential enforcement outcomes. Mechanism added for animals to be downgraded from Potentially Dangerous to Animal of Concern. Together all these changes allow for proactive enforcement that prioritizes public safety.

Questions? Alice Nightengale Director, Denver Animal Protection Alice.Nightengale@denvergov.org