[nagdu] need some ideas:dog attack legislation

[Ginger Kutsch]

Bibi,

You may want to visit The Seeing Eye's Web site at:
http://www.seeingeye.org/protect
for more information about dog attacks and interference. There is a link
that goes to all of the guide dog protection laws in the US on this page as
well as info for state legislators.  I've pasted in the text of the state
laws below. Basically CO law protects guide dog teams against people who
intentionally allow their dogs to harm a guide dog but there are no
penalties for those pet owners who recklessly or negligently permit their
dogs to harm or interfere with a guide dog team. 

Regarding the leash law in Colorado, the state requires that animals be
under control at all times but allows each county to determine how best to
enforce this statute. Denver's leash law requires dogs to be on a leash at
all times except when the dog is at one of the designated off-leash dog
parks. (I've pasted Denver's leash law below the state law). 

You may want to talk to your local police and ask them to step up their
efforts to enforce leash laws in your area.   

Colorado State Laws

Title 24. Government--State
Principal Departments
 Article 34. Department of Regulatory Agencies
 Part 8. Persons with Disabilities--Civil Rights (Refs & Annos)

§ 24-34-804. Violations--penalties

(1) It is unlawful for any person, firm, corporation, or agent of any
person, firm, or corporation to:
(a) Withhold, deny, deprive, or attempt to withhold, deny, or deprive any
person with a disability or trainer of any of the rights or privileges
secured in section 24-34-803;
(b) Threaten to interfere with any of the rights of persons with
disabilities or trainers secured in section 24-34-803;
(c) Punish or attempt to punish any person with a disability or trainer for
exercising or attempting to exercise any right or privilege secured by
section 24-34-803; or
(d) Interfere with, injure, or harm, or cause another dog to interfere with,
injure, or harm, an assistance dog.
(2) Any person who violates any provision of subsection (1) of this section
commits a class 3 misdemeanor and shall be punished as provided in section
18-1.3-501, C.R.S.
(3)(a) Any person who violates any provision of subsection (1) of this
section shall be liable to the person with a disability or trainer whose
rights were affected for actual damages for economic loss, to be recovered
in a civil action in a court in the county where the infringement of rights
occurred or where the defendant resides.
(b) In any action commenced pursuant to this subsection (3), a court may
award costs and reasonable attorney fees.
(4) Nothing in this section is intended to interfere with remedies or relief
that any person might be entitled to pursuant to parts 3 to 7 of this
article.


Title 18. Criminal Code (Refs & Annos)
 Article 13. Miscellaneous Offenses (Refs & Annos)

§ 18-13-107. Interference with persons with disabilities

(1) No person, except one wholly or partially blind, or wholly or partially
deaf, or both wholly or partially blind and wholly or partially deaf, shall
carry, hold, or use upon any street, highway, sidewalk, or any other public
place a cane or walking stick which is white or white tipped with red or
metallic in color or a leash blaze orange in color on any dog accompanying
such person.
(2) Repealed by Laws 1982, S.B.31, § 4.
(3) No person shall beat, harass, intimidate, entice, distract, or otherwise
interfere with any dog on a blaze orange leash or accompanying a person
carrying a white or white tipped with red or metallic colored cane or
walking stick or any assistance dog, as defined in section 24-34-803(7),
C.R.S., accompanying a person when that dog is being controlled by or
wearing a harness normally used for dogs accompanying or leading persons
with disabilities.
(4) Violation of the provisions of subsection (1) of this section is a class
1 petty offense. Violation of the provisions of subsection (3) of this
section is a class 3 misdemeanor.


TITLE 18. CRIMINAL CODE   
ARTICLE 9. OFFENSES AGAINST PUBLIC PEACE, ORDER, AND DECENCY   
PART 2. CRUELTY TO ANIMALS 

C.R.S. 18-9-204.5 Unlawful ownership of dangerous dog 

Summary:   This Colorado statute is not specifically guide dog related but
offers protection from a dangerous dog that has inflicted bodily or serious
bodily injury upon or has caused the death of a person or domestic animal;
or has demonstrated tendencies that would cause a reasonable person to
believe that the dog may inflict injury upon or cause the death of any
person or domestic animal. Owners found guilty under the provisions will be
subject to misdemeanor penalties if their dogs cause bodily injury or
felonies if their dogs cause the death of a person.  


Denver Leash Law
See. 8-16. Leash law. 

(a)      It shall be unlawful for any owner, possessor or person who keeps
any dog to permit the same to run at large. 

(b)      A dog shall be deemed to be running at large when: 

(1)      Not on the premises of the owner, possessor or keeper thereof and
not  controlled through use of a leash, cord or chain held by the dog's
owner, possessor or keeper or an agent, servant or member of the immediate
family thereof; or 

(2)      On the premises of the owner, possessor or keeper, but confined in
such a way as to allow the dog to have access to the public right-of-way. 

(c)      It shall be the duty of the chief of police and all other police
officers to see that a dog found running at large is taken up and impounded
in the municipal animal shelter, and such dog may be so taken up without the
necessity of filing a complaint and shall be impounded and disposed of in
accordance with provisions of article VIII of this chapter. 

(d)      Any police officer, including special police, who is employed by
the city is hereby 

authorized to issue a summons and complaint to any person when such officer
personally observes a violation of the provisions of this section or when
information is received from any person who has personal knowledge that an
act or acts which are made unlawful by the provisions of this section have
occurred. 

(e)       Paragraph (a) of this section shall not apply to persons who are
at least eighteen (18) 

years of age who own, possess, or control a dog while that dog is within a
designated offleash enclosure. 

(f)       The manager may, with the concurrence and consent of the chief
agency executive with 

control responsibility for the property involved, designate specific areas
for dog off-leash enclosures. The manager shall, pursuant to article VI of
chapter 2 of this Code, propose to the board of environmental health rules
and regulations for the construction and use of dog off-leash enclosures. 

(Code 1950, §§ 752.1—752.3; Ord. No. 94-81, § 1.3-9-81; Ord. No. 260-92, §
1.5-4-92: Ord, No. 809-98, § 1,11-16-98)